Separation From Service

Separation From Service. The cessation of services with the Bank and its Affiliates in all compensatory capacities including as a director, employee or independent contractor

Separation From Service. Shall mean the Director's separation from service as a member of the Board within the meaning of Section 409A of the Internal Revenue Code and the regulations thereunder.

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

Separation From Service. A Participant's separation from service within the meaning of Section 409A of the Code from A. H. Belo and all A. H. Belo subsidiaries for any reason other than the Participant's death. A Participant who is on military leave, sick leave or other bona fide leave of absence does not have a Separation from Service if the leave does not exceed six months or, if the leave exceeds six months, the Participant's right to reemployment with A. H. Belo or an A. H. Belo subsidiary is provided by statute or... by contract. If the period of the Participant's leave exceeds six months but the Participant's right to employment is not provided by statute or contract, the Participant's Separation from Service occurs on the first date immediately following such six-month period. Notwithstanding the foregoing, where a leave of absence is due to any medically determinable physical or mental impairment that can be expected to result in death or can be expected to last for a continuous period of not less than six months, where such impairment causes the Participant to be unable to perform the duties of the Participant's position of employment or any substantially similar position of employment, a 29-month period of absence will be substituted for such six-month period View More

Separation From Service. A separation from service with the Company and other entities affiliated with the Company, as determined in accordance with Section 409A of the U.S. Internal Revenue Code of 1986, as amended (the "Code") and guidance issued thereunder. For purposes of the foregoing, 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. For purposes of satisfying the applicable requirements of Code Section 409A, the date Executive is deemed to have incurred a separation from service within the meaning of Code Section 409A and the regulations issued thereunder.

Separation From Service. For purposes of satisfying the applicable requirements of Code Section 409A, the date Executive is deemed to have incurred a separation from service within the meaning of Code Section 409A and the regulations issued thereunder, which in turn shall refer to Executive's ceasing to be employed by Sears and any Sears Affiliate, subject to the following: i. The employment relationship will be deemed to have ended at the time Executive and Sears reasonably anticipate that the level of bona fide... services Executive would perform for Sears or any Sears Affiliate after such date (whether as an employee or independent contractor, but not as a director) would permanently decrease to no more than 20% of the average level of bona fide services performed by Executive over the immediately preceding thirty-six (36)-month period. For avoidance of doubt, Separation from Service, as used in this Agreement shall include only an involuntary termination from each Sears Affiliate by which Executive is employed for any reason other than "Cause", death or "Disability" (as defined above in this Section 2) or a termination by Executive for "Good Reason" (as defined above in this Section 2). 5 ii. The employment relationship will be treated as continuing intact while Executive is on a bona fide leave of absence (determined in accordance with Treasury Regulation Section 409A-1(h)), but (1) only if there is a reasonable expectation that Executive will return to active employment status, and (2) only to the extent that such leave of absence does not exceed six (6) months, or, if longer, for so long as Executive has a contractual or statutory right to reemployment. iii. The fact that Executive is placed on a Leave, as defined in Section 1(a)(i) above, will not prevent him from having a Separation from Service, as defined above, for purposes of this Agreement. iv. 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. The term "Separation from Service" means an Executive's termination of employment from the Company and its Affiliates, or if the Executive continues to provide services following his or her termination of employment, such later date as is considered a separation from service, within the meaning of Code Section 409A, from the Company and its Affiliates. Specifically, if Executive continues to provide services to the Company or an Affiliate in a capacity other than as an employee, such shift in... status is not automatically a Separation from Service. The Executive will be presumed to have terminated employment from the Company and its Affiliates when the level of bona fide services provided by the Executive (whether as an employee or independent contractor) to the Company and its Affiliates permanently decreases to a level of twenty percent (20%) or less of the level of services rendered by such individual, on average, during the immediately preceding 36 months (or such lesser period of service). Notwithstanding the foregoing, if the Executive takes a leave of absence for purposes of military leave, sick leave or other bona fide leave of absence, the 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 the Executive's right to reemployment is provided either by statute or by contract; provided that if the leave of absence is due to a medically determinable physical or mental impairment that can be expected to result in death or last for a continuous period of not less than six (6) months, where such impairment causes the Executive to be unable to perform the duties of his or her position of employment or any substantially similar position of employment, the leave may be extended for up to twenty-nine (29) months without causing a Termination of Employment. View More

Separation From Service. Employee's termination of employment with the Employer or as otherwise defined in Applicable Guidance.

Separation From Service. Employee's termination of employment with Employer whether on account of death, retirement, or otherwise. Employer will determine whether Employee has terminated employment based on the facts and circumstances as described in Treas. Reg. § 1.409A-1(h). Employee's employment terminates if Employer and Employee reasonably anticipate, based on the facts and circumstances, Employee will not perform any additional services after a certain date or that the level of bona fide services (whether... performed 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 over the immediately preceding thirty-six (36) month period. Employer for purposes of determining Separation from Service includes all persons with whom Employer would be considered a single employer under Code §§ 414(b) and (c), but applying 50% in lieu of 80% in applying Code §§ 414(b) and (c). View More