Separation From Service

Separation From Service. A Participant's death, retirement or termination from service with the Board of Directors within the meaning of Code section 409A

Separation From Service. Defined in applicable guidance under Code §409A, which generally provides that: (1) a Participant will be deemed to have a Separation from Service only if the Participant ceases to perform any services for the Company and other members of the Control Group, or the Participant continues to provide only insignificant services; (2) service is insignificant if it is performed at a rate that is no more than 20% of the average level of services provided by the Participant for the preceding three full... calendar years; (3) a bona fide leave of absence will not be considered a Separation from Service for the first six months of such leave or until the Participant no longer has a right to reemployment by statute or contract, whichever is longer; (4) transfer to an employer in which the Company or another member of the Control Group has at least 50% ownership interest is not a Separation from Service; and (5) for purposes of determining benefits earned by a Participant for service as a Director, Separation from Service occurs when he or she ceases to be a Director View More

Separation From Service. A Participant's termination of employment or other separation from service, as applicable, with the Company and its Subsidiaries

Separation From Service. The Eligible Director has ceased to be a member of the Board of Directors and has otherwise had a separation from service recognized as such under Section 409A of the Internal Revenue Code of 1986, as amended

Separation From Service. For any Participant, his death, retirement, discharge or any absence that causes him to cease to be an employee of the Sponsor and all Affiliates, and in each case constitutes a "separation from service" within the meaning of Treas. Reg. 1.409A-1(h)

Separation From Service. A Participant's termination of employment with the Company or any Affiliate that meets the requirements of a "separation from service" as defined under Section 409A of the Code and the regulations thereunder.

Separation From Service. Shall mean either (i) the termination of the Executive's employment with the Company and its affiliates, provided that such termination of employment meets the requirements of a separation of service determined using the default provisions set forth in Treasury Regulation §1.409A-(1)(h) or the successor provision thereto or (ii) such other date that constitutes a separation from service with the Company and its affiliates meeting the requirements of the default provisions set forth in Treasury... Regulation §1.409A-(1)(h) or the successor provision thereto; provided, however, that, in the event of the Executive's Permanent Disability, "Separation from Service" means the date that is 29 months after the first day of disability. For purposes of this definition, "affiliate" means any corporation that is in the same controlled group of corporations (within the meaning of Section 414(b) of the Code) as the Company and any trade or business that is under common control with the Company (within the meaning of Section 414(c) of the Code), determined in accordance with the default provision set forth in Treasury Regulation §1.409A-(1)(h)(3). View More

Separation From Service. That the Participant terminates employment within the meaning of Treasury Regulations section 1.409A-1(h) and other applicable guidance with all Related Companies. Whether a termination of employment has occurred is determined under the facts and circumstances, and a termination of employment shall occur if all Related Companies and the Participant reasonably anticipate that no further services shall be performed after a certain date or that the level of bona fide services the Participant shall... perform after such date (as an employee or an independent contractor) shall permanently decrease to no more than 20 percent of the average level of bona fide services performed (whether as an employee or an independent contractor) over the immediately preceding 36-month period (or the full period of services to the Related Companies if the Participant has been providing services to the Related Companies less than 36 months). A Participant shall not be considered to separate from service during a bona fide leave of absence for less than six (6) months or longer if the Participant retains a right to reemployment with any Related Company by contract or statute. With respect to disability leave, a Participant shall not be considered to separate from service for 29 months unless the Participant otherwise terminates employment or is terminated by all Related Companies. View More

Separation From Service. A termination of services provided by the Executive to the Employer, whether such termination of services is voluntary or involuntary, as determined by the Board in accordance with Section 409A of the Code and Treasury Regulation Section 1.409A-1(h)

Separation From Service. The meaning given to such term in the Employment Agreement