Separation From Service

Separation From Service. Shall mean the cessation of employment with the Company. This definition shall be construed and administered in accordance with the requirements of Code Section 409A(a)(2)(A)(i) and Treasury Regulations § 1.409A-1(h).

Separation From Service. The Participant's termination of service as a non-employee director and as an employee of the Company for any reason other than death.

Separation From Service. Has the meaning as determined by the Secretary of the Treasury ("Secretary") pursuant to Code Section 409A(a)(2)(A).

Separation From Service. Shall mean the date of cessation of the employment relationship (other than an approved leave of absence) between the Executive and Atlantic Coast Federal and its affiliates and subsidiaries (including any successor in interest, if applicable).

Separation From Service. (and variations on the form of such term) means any separation from service of Executive with Liberty Media or Company (as applicable) within the meaning of Section 409A.

Separation From Service. The term "Separation from Service" when used in this Agreement shall mean that Executive separates from service with Aveanna and all of its affiliates, as defined in Code Section 409A and guidance issued thereunder ("Section 409A"), which are related to Aveanna by 50% or more equity ownership. As a general overview of Section 409A's definition of "separation from service", an employee separates from service if the employee retires or otherwise has a termination of employment with all... affiliates, determined in accordance with the following: (i) Leaves of Absence. The employment relationship is treated as continuing intact while the employee is on military leave, sick leave, or other bona fide leave of absence if the period of such leave does not exceed 6 months, or, if longer, so long as the employee retains a right to reemployment with an affiliate under an applicable statute or by contract. A leave of absence constitutes a bona fide leave of absence only while there is a reasonable expectation that the employee will return to perform services for an affiliate. If the period of leave exceeds 6 months and the employee does not retain a right to reemployment under an applicable statute or by contract, the employment relationship is deemed to terminate on the first date immediately following such 6-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 6 months, where such impairment causes the employee to be unable to perform the duties of his or his position of employment or any substantially similar position of employment, a 29-month period of absence shall be substituted for such 6-month period. (ii) Status Change. Generally, if an employee performs services both as an employee and an independent contractor, the employee must separate from service both 8SGR/43858512.1 as an employee and as an independent contractor pursuant to standards set forth in Treasury Regulations to be treated as having a separation from service. However, if an employee provides services to affiliates as an employee and as a member of a board of directors, the services provided as a director are not taken into account in determining whether the employee has a separation from service as an employee for purposes of this Agreement. (iii) Termination of Employment. Whether a termination of employment has occurred is determined based on whether the facts and circumstances indicate that the employer and the employee reasonably anticipate that (A) no further services will be performed after a certain date, or (B) the level of bona fide services the employee will perform after such date (whether as an employee or as a non-director independent contractor) will permanently decrease to 20% or less of the average level of bona fide services performed (whether as an employee or a non-director independent contractor) over the immediately preceding 36-month period. Facts and circumstances to be considered in making this determination include, but are not limited to, whether the employee continues to be treated as an employee for other purposes (such as continuation of salary and participation in employee benefit programs), whether similarly situated service providers have been treated consistently, and whether the employee is permitted, and realistically available, to perform services for other service recipients in the same line of business. For periods during which an employee is on a paid bona fide leave of absence and has not otherwise terminated employment as described in subsection (e)(i) above, for purposes of this subsection, the employee is treated as providing bona fide services at a level equal to the level of services that the employee would have been required to perform to receive the compensation paid with respect to such leave of absence. Periods during which an employee is on an unpaid bona fide leave of absence and has not otherwise terminated employment are disregarded for purposes of this subsection (including for purposes of determining the applicable 36-month period). View More

Separation From Service. Means, unless otherwise determined by the Committee or the Company, the cessation of the applicable Participant's employment with, and performance of services for, the Company and all Subsidiaries, including by reason of the fact that the Participant's employer or other service recipient ceases to be a Subsidiary of the Company. Unless otherwise determined by the Company, if a Participant's employment or service with the Company or a Subsidiary ceases, but the Participant continues to provide... services to the Company or a Subsidiary as an Eligible Person, such change in status shall not be considered a Separation from Service. Approved temporary absences from employment or service because of illness, vacation or leave of absence, and transfers among the Company and its Subsidiaries shall not be considered Separations from Service. Notwithstanding the foregoing definition of Separation from Service, with respect to any Award that constitutes nonqualified deferred compensation under Section 409A, "Separation from Service" means a "separation from service" as defined under Section 409A. View More

Separation From Service. Shall have the same meaning as in Section 409A. For purposes of determining whether the Employee is entitled to a payment on account of Involuntary Termination under Section 7(a) or Section 7(d) of this Agreement, the term "Separation from Service" shall require the complete cessation of services to the Bank, the Company and all Consolidated Subsidiaries.

Separation From Service. Means the termination of the Executive's employment with the Company and all Related Entities; provided, however, that the Executive will not be considered as having had a Separation from Service if (i) the Executive continues to provide services to the Company or any Related Entity as an employee at an annual rate that is at least equal to 20 percent of the services rendered, on average, during the immediately preceding three full calendar years of employment (or, if employed less than three... years, such lesser period) and the annual remuneration for such services is at least equal to 20 percent of the average annual remuneration earned during the final three full calendar years of employment (or if less, such lesser period), (ii) the Executive continues to provide services to the Company or any Related Entity in a capacity other than as an employee and such services are provided at an annual rate that is 50 percent or more of the services rendered, on average, during the immediately preceding three full calendar years of employment (or, if employed less than three years, such lesser period) and the annual remuneration for such services is 50 percent or more of the annual remuneration earned during the final three full calendar years of employment (or, if less, such lesser period) or (iii) the Executive is on military leave, sick leave or other bona fide leave of absence (such as temporary employment by the government) so long as the period of such leave does not exceed six months, or if longer, so long as the Executive's right to reemployment with the Company or any Related Entity is provided either by statute or by contract. If the period of leave exceeds six months and the Executive's right to reemployment is not provided either by statute or by contract, the Separation from Service will be deemed to occur on the first date immediately following such six-month period. For purposes of this Section 6(o), the annual rate of providing services shall be determined based upon the measurement used to determine the Executive's base compensation. This definition of Separation from Service is intended to comply with the definition of "separation from service" as used in Section 409A(a)(2)(A)(i) of the Code and shall be interpreted accordingly. View More

Separation From Service. A "separation from service" within the meaning of Section 409A. 10