Separation From Service

Separation From Service. Your "separation from service" with the Company within the meaning of Treas. Reg. Section 1.409A-1(h) (without regarding to any alternative definitions therein).

Separation From Service. Means Executive has a termination of employment with the Employer. Whether a termination of employment has occurred shall be determined based on whether the facts and circumstances indicate the Executive and Employer reasonably anticipate that no further services will be performed by the Executive for Employer; provided, however, that Executive shall be deemed to have a termination of employment if the level of services he would perform for Employer after a certain date permanently decreases to... no more than twenty percent (20%) of the average level of bona fide services performed for Employer (whether as an employee or independent contractor) over the immediately preceding thirty-six (36)-month period (or the full period of services to Employer if Executive has been providing services to Employer for less than thirty-six (36) months). For this purpose, Executive is not treated as having a Separation from Service while he is on a military leave, sick leave, or other bona fide leave of absence, if the period of such leave does not exceed six (6) months, or if longer, so long as Executive has a right to reemployment with Employer under an applicable statute or by contract. View More

Separation From Service. Means a Participant's separation from service with the Employer within the meaning of section 409A of the Code and the regulations issued thereunder.

Separation From Service. Whether a "separation from service" has occurred for purposes of this Agreement will be determined in accordance with Treas. Reg. § 1.409A-1(h)(1) (or any successor provision).

Separation From Service. Means the Executive's "termina­tion of employment" with Employer and any affiliated or subsidiary entity that is considered to be part of a controlled group with the Employer pursuant to Code Section 414(b) or (c). Whether a "termination of employment" has occurred is determined based on whether the facts and circumstances indicate that the Employer and the Executive reasonably anticipate that no further services will be performed after a certain date or that the level of bona fide services... the Executive will perform after such date (whether as an employee or as an independent contrac­tor) will permanently decrease to no more than twenty (20) percent of the average level of bona fide services performed (whether as an employee or independent contractor) over the immedi­ately preceding thirty-six (36) months (or the full period of services to the Employer if the Ex­ecutive has been providing services to the Employer for less than thirty-six (36) months). View More

Separation From Service. With respect to Executive shall mean a "separation from service" as defined in Treasury Regulation Section 1.409A-1(h), with the Company, and the "service recipient," as defined in Treasury Regulation Section 1.409A-1(g), that includes the Company.

Separation From Service. Means means the Executive's retirement or other termination of employment with the Company within the meaning of Code Section 409A. No Separation from Service shall be deemed to occur due to military leave, sick leave or other bona fide leave of absence if the period of such leave does not exceed six months or, if longer, so long as the Executive's right to reemployment is provided by law or contract. If the leave exceeds six months and the Executive's right to reemployment is not provided by... law or by contract, then the Executive shall have a Separation from Service on the first date immediately following such six-month period. Whether a Separation from Service has occurred is determined based on whether the facts and circumstances indicate that the Company and the Executive reasonably anticipated that no further services would be performed after a certain date or that the level of bona fide services the Executive would perform after such date (whether as an employee or as an independent contractor) would 5 permanently decrease to an amount less than 50% of the average level of bona fide services performed over the immediately preceding 36 months. The determination of whether an Executive has had a Separation from Service shall be made by applying the presumptions set forth in the Treasury Regulations under Code Section 409A. View More

Separation From Service. Shall mean a termination of the Employee's employment with the Employer and all affiliated companies that, together with the Employer, constitute the "service recipient" within the meaning of Code Section 409A and the regulations thereunder that constitutes a "separation from service" within the meaning of Code Section 409A and the regulations thereunder.

Separation From Service. Means, generally, a termination of service as a Non-Employee Director of the Company for any reason. Whether a Separation from Service has occurred shall 4 be determined by the Committee in accordance with Code Section 409A. For purposes of determining whether a Separation from Service has occurred, "Company" means the Company and any corporation, trade or business that, together with the Company, is treated as a single employer under Code Section 414(b) or (c), except that common... ownership of at least 50% shall be determinative. The Committee specifically reserves the right to determine whether a sale or other disposition of substantial assets to an unrelated party constitutes a Separation from Service with respect to a Participant providing services to the seller immediately prior to the transaction and providing services to the buyer after the transaction. Such determination shall be made in accordance with the requirements of Code Section 409A. View More

Separation From Service. Consultant's "separation from service" with the Company (as such term is defined in Treasury Regulation Section 1.409A-1(h) and any successor provision thereto), including without limitation, due to Consultant's Termination of Engagement.