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. "Separation from Service," with 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. "Separation from Service," with 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. "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. Have the meaning set forth in, and whether Executive has experienced a Separation from Service shall be determined by Employer in accordance with, Treasury Regulations § 1.409A-1(h).
Separation From Service. Have the meaning set forth in, and whether Executive Employee has experienced a Separation from Service shall be determined by Employer in accordance with, Treasury Regulations § 1.409A-1(h).
Separation From Service. Have the meaning set forth in, and whether Executive Employee has experienced a Separation from Service shall be determined by Employer in accordance with, Treasury Regulations § 1.409A-1(h). 1.409A-1(h)
Separation From Service. Or "Separates from Service" shall mean Executive's termination of employment, as determined in accordance with Treas. Reg. § 1.409A-1(h). Executive shall be considered to have experienced a termination of employment when the facts and circumstances indicate that Executive and the Company reasonably anticipate that either (i) no further services will be performed for the Company after a certain date, or (ii) that the level of bona fide services Executive will perform for the Company after such... date (whether as an employee or as an independent contractor) will permanently decrease to no more than twenty percent (20%) of the average level of bona fide services performed by Executive (whether as an employee or independent contractor) over the immediately preceding thirty-six (36) month period (or the full period of services to the Company if Executive has been providing services to the Company for less than thirty-six (36) months). If Executive is on military leave, sick leave, or other bona fide leave of absence, the employment relationship between Executive and the Company shall be treated as continuing intact, provided that the period of such leave does not exceed six (6) months, or if longer, so long as Executive retains a right to reemployment with the Company under an applicable statute or by contract. If the period of a military leave, sick leave, or other bona fide leave of absence exceeds six (6) months and Executive does not retain a right to reemployment under an applicable statute or by contract, the employment relationship shall be considered to be terminated for purposes of this Agreement as of the first (1st) day immediately following the end of such six (6) month period. In applying the provisions of this Section, a leave of absence shall be considered a bona fide leave of absence only if there is a reasonable expectation that Executive will return to perform services for the Company.View More
Separation From Service. Or "Separates from Service" shall mean Executive's Employee's termination of employment, as determined in accordance with Treas. Reg. § 1.409A-1(h). Executive Employee shall be considered to have experienced a termination of employment when the facts and circumstances indicate that Executive Employee and the Company reasonably anticipate that either (i) no further services will be performed for the Company after a certain date, or (ii) that the level of bona fide services Executive Employee... will perform for the Company after such date (whether as an employee or as an independent contractor) will permanently decrease to no more than twenty percent (20%) of the average level of bona fide services performed by Executive Employee (whether as an employee or independent contractor) over the immediately preceding thirty-six (36) month period (or the full period of services to the Company if Executive Employee has been providing services to the Company for less than thirty-six thirty six (36) months). If Executive Employee is on military leave, sick leave, or other bona fide leave of absence, the employment relationship between Executive Employee and the Company shall be treated as continuing intact, provided that the period of such leave does not exceed six (6) months, or if longer, so long as Executive Employee retains a right to reemployment with the Company under an applicable statute or by contract. If the period of a military leave, sick leave, or other bona fide leave of absence exceeds six (6) months and Executive Employee does not retain a right to reemployment under an applicable statute or by contract, the employment relationship shall be considered to be terminated for purposes of this Agreement as of the first (1st) day immediately following the end of such six (6) month six-month period. In applying the provisions of this Section, paragraph, a leave of absence shall be considered a bona fide leave of absence only if there is a reasonable expectation that Executive Employee will return to perform services for the Company. For purposes of determining whether Employee has incurred a Separation from Service, the Company shall include the Company and any entity that would be considered a single employer with the Company under Code Section 414(b) or 414(c). View More
Separation From Service. Shall have the meaning given in Code Section 409A, and references to termination of employment shall be deemed to refer to a Separation from Service. In accordance with Treasury Regulation §1.409A-1(h)(1)(ii) (or any similar or successor provisions), a Separation from Service shall be deemed to occur, without limitation, if the Company and the Participant reasonably anticipate that the level of bona fide services the Participant will perform after a certain date (whether as an employee or as an... independent contractor) will permanently decrease to less than fifty percent (50%) of the average level of bona fide services provided in the immediately preceding thirty-six (36) months. All references in this Agreement to termination of employment or employment termination or termination of status as a Participant under this Agreement shall be deemed to refer to a Separation from Service.View More
Separation From Service. Shall have the meaning given in Code Section 409A, and references to termination of employment shall be deemed to refer to a Separation from Service. In accordance with Treasury Regulation §1.409A-1(h)(1)(ii) (or any similar or successor provisions), a Separation from Service shall be deemed to occur, without limitation, if the Company and the Participant reasonably anticipate that the level of bona fide services the Participant will perform after a certain date (whether as an employee or as an... independent contractor) will permanently decrease to less than fifty percent (50%) of the average level of bona fide services provided in the immediately preceding thirty-six (36) months. All references in this Agreement to termination 'termination of employment employment' or employment termination 'employment termination' or termination 'termination of status as a Participant under this Agreement Agreement' shall be deemed to refer to a Separation from Service. View More
Separation From Service. The Officer's cessation of Employee status and shall be deemed to occur for purposes of the Plan at such time as the level of his or her bona fide services to be performed as an Employee (or non-employee consultant) permanently decreases to a level that is not more than twenty percent (20%) of the average level of services he or she rendered as an Employee during the immediately preceding thirty-six (36) months (or such shorter period for which he or she may have rendered such service). Any... such determination as to Separation from Service, however, shall be made in accordance with the applicable standards of the Treasury Regulations issued under Code Section 409A. In addition to the foregoing, a Separation from Service will not be deemed to have occurred while an Employee is on military leave, sick leave or other bona fide leave of absence if the period of such leave does not exceed six (6) months or any longer period for which such Employee is, either by statute or contract, provided with a right to reemployment with one or more members of the Employer Group; provided, however, that in the event of an Employee's leave of absence due to any medically determinable physical or mental impairment that can be expected to result in death or to last for a continuous period of not less than six (6) months and that causes such individual to be unable to perform his or her duties as an Employee, no Separation from Service shall be deemed to occur during the first twenty-nine (29) months of such leave. If the period of leave exceeds six (6) months (or twenty-nine (29) months in the event of disability as indicated above) and the Employee is not provided with a right to reemployment either by statute or contract, then such Employee will be deemed to have a Separation from Service on the first day immediately following the expiration of such six (6)-month or twenty-nine (29)-month period.View More
Separation From Service. The Officer's cessation of your Employee status and shall be deemed to occur for purposes of the Plan at such time as the level of his or her the bona fide services you are to be performed perform in Employee status (or as an Employee (or non-employee consultant) a consultant or other independent contractor) permanently decreases to a level that is not more than twenty percent (20%) of the average level of services he or she you rendered as an in Employee status during the immediately preceding... thirty-six (36) months (or such shorter period for which he or she you may have rendered such service). Any such determination as to Separation from Service, however, shall be made in accordance with the applicable standards of the Treasury Regulations issued under Code Section 409A. In addition to the foregoing, a Separation from Service will not be deemed to have occurred while an Employee is you are on military leave, a sick leave or other bona fide leave of absence if the period of such leave does not exceed six (6) months or any longer period for which such Employee is, either by statute or contract, you are provided with a right to reemployment with one Broadcom by either statute or more members of the Employer Group; contract, provided, however, that in the event of an Employee's a leave of absence due to any medically determinable physical or mental impairment that can be expected to result in death or to last for a continuous period of not less than six (6) months and that causes such individual you to be unable to perform his or her your duties as an Employee, no Separation from Service shall be deemed to occur during the first twenty-nine (29) months of such leave. If the period of leave exceeds six (6) months (or twenty-nine (29) months in the event of disability as indicated above) and the Employee is you are not provided with a right to reemployment by either by statute or contract, then such Employee you will be deemed to have a Separation Separated from Service on the first day immediately following the expiration of such the applicable six (6)-month or twenty-nine (29)-month period. For purposes of determining whether a Separation from Service has occurred, you will be deemed to continue in "Employee" status for so long as you remain in the employ of one or more members of the Employer Group, subject to the control and direction of the employer entity as to both the work to be performed and the manner and method of performance. View More
Separation From Service. The Executive's Termination of Employment, or if the Executive continues to provide services to the Company or its 409A Affiliates following his or her Termination of Employment, such later date as is considered a separation from service from the Company and its 409A Affiliates within the meaning of Code Section 409A. Specifically, if the Executive continues to provide services to the Company or a 409A Affiliate in a capacity other than as an employee, such shift in status is not automatically... a Separation from Service.View More
Separation From Service. The For purposes of this Agreement, the term "Separation from Service" means the Executive's Termination of Employment, or if the Executive continues to provide services to the Company or its 409A Affiliates following his or her Termination of Employment, such later date as is considered a separation from service from the Company Employer and its 409A Affiliates within the meaning of Code Section 409A. Specifically, if the Executive continues to provide services to the Company Employer or a... 409A Affiliate in a capacity other than as an employee, such shift in status is not automatically a Separation from Service. View More
Separation From Service. Executive's termination of employment from Orion and each entity that is required to be included in Orion's controlled group of corporations within the meaning of Code Section 414(b), or that is under common control with Orion within the meaning of Code Section 414(c); provided that the phrase at least 50 percent shall be used in place of the phrase at least 80 percent each place it appears therein or in the regulations thereunder (collectively, 409A affiliates). Notwithstanding the foregoing:... (i) If Executive takes a leave of absence for purposes of military leave, sick leave or other bona fide leave of absence, Executive will not be deemed to have incurred a Separation from Service for the first six (6) months of the leave of absence, or if longer, for so long as Executive's right to reemployment is provided either by statute or by contract. (ii) Subject to paragraph (i), Executive shall incur a Separation from Service when the level of bona fide services provided by Executive to Orion and its 409A affiliates permanently decreases to a level of twenty percent (20%) or less of the level of services rendered by Executive, on average, during the immediately preceding 12 months of employment. (iii) If, following Executive's termination of employment, Executive continues to provide services to the Company or a 409A Affiliate in a capacity other than as an employee, Executive will not be deemed to have Separated from Service as long as Executive is providing bona fide services at a rate that is greater than twenty percent (20%) of the level of services rendered by Executive, on average, during the immediately preceding 12 months of service.View More
Separation From Service. Executive's termination of employment from Orion Whiting and each entity that is required to be included in Orion's Whiting's controlled group of corporations within the meaning of Code Section 414(b), or that is under common control with Orion Whiting within the meaning of Code Section 414(c); provided that the phrase at least 50 percent shall be used in place of the phrase at least 80 percent each place it appears therein or in the regulations thereunder 414(c) (collectively, 409A... affiliates). "409A affiliates"). Notwithstanding the foregoing: (i) If Executive takes a leave of absence for purposes of military leave, sick leave or other bona fide leave of absence, Executive will not be deemed to have incurred a Separation from Service for the first six (6) months of the leave of absence, or if longer, for so long as Executive's right to reemployment is provided either by statute or by contract. (ii) Subject to paragraph (i), Executive shall incur a Separation from Service when the level of bona fide services provided by Executive to Orion Whiting and its 409A affiliates Affiliates permanently decreases to a level of twenty percent (20%) 20% or less of the level of services rendered by Executive, on average, during the immediately preceding 12 36 months of employment. (iii) If, following Executive's termination of employment, Executive continues to provide services to the Company or a 409A Affiliate in a capacity other than as an employee, Executive will not be deemed to have Separated from Service as long as Executive is providing bona fide services at a rate that is greater than twenty percent (20%) 20% of the level of services rendered by Executive, on average, during the immediately preceding 12 36 months of service. View More
Separation From Service. A Participant's "separation from service," as defined in Section 409A of the Code and applicable guidance thereunder, from the Company
Separation From Service. A Participant's "separation from service," as defined in Code Section 409A of the Code and applicable guidance thereunder, from the Company
Separation From Service. A separation from service with the Company and other entities affiliated with the Company. For U.S. Directors, such Separation from Service shall be determined and interpreted in accordance with Code Section 409A. For purposes of interpreting Code Section 409A, whether an entity is affiliated with the Company shall be determined pursuant to the controlled group rules of Code Section 414, as modified by Code Section 409A.
Separation From Service. A separation from service termination of employment with the Company and other entities affiliated with the Company. For U.S. Directors, such Participants, whether a Separation from Service occurs shall be determined and interpreted in accordance with Code Section 409A. 409A and applicable regulations. For purposes of interpreting Code Section 409A, whether an entity is affiliated with the Company shall be determined pursuant to the controlled group rules of Code Section 414, as modified by... Code Section 409A. View More
Separation From Service. A "separation from service" with Sears (including any Sears Affiliate) within the meaning of Code Section 409A (and regulations issued thereunder). Notwithstanding anything herein to the contrary, the fact that Executive is treated as having incurred a Separation from Service under Code Section 409A and the terms of this Agreement shall not be determinative, or in any way affect the analysis, of whether Executive has retired, terminated employment, separated from service, incurred a severance... from employment or become entitled to a distribution, under the terms of any retirement plan (including pension plans and 401(k) savings plans) maintained by Sears (including by a Sears Affiliate).View More
Separation From Service. A "separation from service" with Sears (including any Sears Affiliate) SHO within the meaning of Code Section 409A (and regulations issued thereunder). Notwithstanding anything herein to the contrary, the fact that Executive is treated as having incurred a Separation from Service under Code Section 409A and the terms of this Agreement shall not be determinative, or in any way affect the analysis, of whether Executive has retired, terminated employment, separated from service, incurred a... severance from employment or become entitled to a distribution, under the terms of any retirement plan (including pension plans and 401(k) 401 (k) savings plans) maintained by Sears (including by a Sears Affiliate). SHO View More
