Separation From Service

Separation From Service. The Participant's death, retirement or other termination of employment or service with the Company (including all persons treated as a single employer under Section 414(b) and 414(c) of the Code) that constitutes a "separation from service" (within the meaning of Section 409A). For purposes hereof, the determination of controlled group members shall be made pursuant to the provisions of Section 414(b) and 414(c) of the Code; provided that the language "at least 50 percent" shall be used instead... of "at least 80 percent" in each place it appears in Section 1563(a)(1),(2) and (3) of the Code and Treas. Reg. § 1.414(c)-2; provided, further, where legitimate business reasons exist (within the meaning of Treas. Reg. § 1.409A-1(h)(3)), the language "at least 20 percent" shall be used instead of "at least 80 percent" in each place it appears. Whether a Participant has Separated from Service will be determined based on all of the facts and circumstances and, to the extent applicable to any Award or benefit, in accordance with the guidance issued under Section 409A. A Participant will be presumed to have experienced a Separation from Service when the level of bona fide services performed permanently decreases to a level less than twenty percent (20%) of the average level of bona fide services performed during the immediately preceding thirty-six (36) month period or such other applicable period as provided by Section 409A. View More

Separation From Service. Means a "separation from service" with the Company as such term is defined in Treasury Regulation Section 1.409A-1(h) and any successor provision thereto.

Separation From Service. The Participant's termination of employment with the Company, its Subsidiaries and with each member of the controlled group (within the meaning of Section 414(b) or (c) of the Code) of which the Company is a member. Notwithstanding the foregoing, with respect to any Award that constitutes a "non-qualified deferred compensation plan" within the meaning of Section 409A of the Code, a Participant shall not be considered to have experienced a "Separation from Service" unless the Participant has... experienced a "separation from service" within the meaning of Section 409A of the Code View More

Separation From Service. A "separation from service" as such term is defined for purposes of Section 409A.

Separation From Service. Within the meaning of section 409A of the Code and Treasury Regulation section 1.409A-1(h) or any successor thereto, shall mean the date an Executive retires, dies or otherwise has a termination of employment with the Corporation.

Separation From Service. "Separation from Service," with respect to the Executive, means the Executive's "separation from service," as defined in Treasury Regulation Section 1.409A-1(h).

Separation From Service. Shall have the meaning ascribed to such term in Section 409A.

Separation From Service. Means a termination of an Eligible Director's service with the Company and all Affiliates as a director and non-employee consultant/advisor, provided such termination constitutes a "separation from service" within the meaning of Section 409A of the Code, or such other change in the Eligible Director's relationship with the Company and all Affiliates that constitutes a "separation from service" within the meaning of Section 409A of the Code.

Separation From Service. For purposes of this Agreement, the term "Separation from Service" means the date on which the Executive separates from service, within the meaning of Code Section 409A, from the Company and each other corporation, trade or business that, with the Company, constitutes a controlled group of corporations or group of trades or businesses under common control within the meaning of Code Section 414(b) or (c). 4 The Executive has not incurred a Separation from Service if the Executive is... absent from active employment due to military leave, sick leave or other bona fide leave of absence if the period of such leave does not exceed the greater of (i) six months, or (ii) the period during which the Executive's right to reemployment by the Company or controlled group member is provided either by statute or by contract. Further, for purposes of determining whether the Executive has incurred a Separation from Service, if the Executive is not actively at work during the period that there exists a dispute pursuant to Section 1(n)(B) or (C), the Executive shall be considered to be on a bona fide leave of absence for which his right to reemployment is guaranteed during the period that begins on the date on which the Executive last performs active services and the Termination Date that ultimately is established pursuant to Section 1(n)(B) or (C). View More

Separation From Service. A Participant's separation from service within the meaning of Section 409A of the Code. 5