Permanently Disabled

Permanently Disabled. Any medically determinable physical or mental impairment which can be expected to result in death or can be expected to last for a continuous period of not less than twelve (12) months that results in Executive (i) being unable to engage in any substantial gainful activity; or (ii) receiving income replacement benefits for a period of not less than three (3) months under the Employer's long-term disability plan covering Executive. The determination of whether Executive is Permanently Disabled... shall be made by the Employer and shall be construed consistent with its meaning under Section 409A of the Code View More

Permanently Disabled. (e) "Permanently Disabled" shall mean when, and only when, the Executive is unable, by reason of illness or accident, to perform, for a continuous 180-day period, the material elements of his duties hereunder, and the Company has reasonably determined, based upon medical documentation, that the Executive for such reason is unlikely to be able to resume such duties in the foreseeable future.

Permanently Disabled. Executive shall be considered permanently disabled upon the earlier of (i) the date Executive is determined to be eligible for long-term disability benefits under any plan sponsored by the Corporation which provides long-term disability benefits to Executive, or (ii) if a qualified medical doctor mutually acceptable to the Corporation and Executive or Executive's personal representative shall have certified in writing that: (A) Executive is unable because of a medically determinable physical or... mental disability to perform substantially all of Executive's duties for more than one hundred eighty (180) calendar days measured from the last full day of work, or (B) by reason of mental or physical disability, it is unlikely that Executive will be able, within one hundred eighty (180) calendar days, to resume substantially all business duties and responsibilities in which Executive was previously engaged and otherwise discharge Executive's duties to the Corporation. View More

Permanently Disabled. Shall mean that Grantee has qualified for long-term disability benefits under a disability plan or program of the Company or, in the absence of a disability plan or program of the Company, under a government-sponsored disability program and is "disabled" within the meaning of Section 409A(a)(2)(C) of the Code.