Specified Employee

Specified Employee. Shall mean any individual employed by the Company who (i) at any time during the twelve (12) month period ending on the December 31st preceding the calendar year under consideration, (A) is one of the top 50 compensated officers of the Company and has annual "W-2" compensation of at least $130,000; (B) owns more than five percent (5%) of the Company's stock; or (C) owns more than one percent (1%) of the Company's stock and has annual "W-2" compensation in excess of $150,000; and (ii) the... Company's stock is publicly-traded on the date such individual terminates his service with the Company. The foregoing compensation amounts shall be adjusted from time to time in accordance with the cost-of-living adjustments provided for under the Code View More

Specified Employee. Shall mean a key employee (as defined in Code Section 416(i) without regard to paragraph 5 thereof) of the Company, including all persons with whom the Company would be treated as a single employer under Code Section 414(b) or 414(c), for so long as any of the stock of any such person is publicly traded on an established securities market or otherwise. This definition shall be construed and administered in accordance with the requirements of Code Section 409A(a)(2)(B)(i) and Treasury... Regulations thereunder. For purposes of applying this definition, the Committee may, at its discretion, specify a "specified employee effective date" in accordance with the requirements of Treasury Regulation § 1.409A-1(i). View More

Specified Employee. Shall have the meaning set forth in Section 409A as determined on the date of Termination of Employment in accordance with procedures established by the Company and consistent with Section 409A.

Specified Employee. Has the meaning given to that term in Code Section 409A and Treasury Regulation §1.409A-1(i) (or any similar or successor provisions).

Specified Employee. An Eligible Director who is a "specified employee" with respect to the Company within the meaning of Section 409A of the Code.

Specified Employee. Shall have the meaning given such term in Code Section 409A and the final regulations thereunder.

Specified Employee. A key employee (as defined in Section 416(i) of the Code, without regard to paragraph 5 thereof) of the Bank or any of its Affiliates at a time when the stock of the Bank or any of its Affiliates is publicly traded. For purposes of determining whether a Participant is a Specified Employee, the identification date shall be December 31. The determination of whether a Participant is a Specified Employee shall be made by the Board of Directors in accordance with Section 409A of the Code

Specified Employee. The meaning as defined in Section 409A of the Code and Section 1.409A-1(i) of the Regulations issued under the Code

Specified Employee. Any individual who is or was an employee of New Jazz or any Group Company on the date of this Noncompetition Agreement or during the 180-day period ending on the date of this Noncompetition Agreement, or during the term of Employee's employment with New Jazz or any Group Company.

Specified Employee. A Participant if (i) at the date of such Participant's separation from service, the Company (or any other corporation forming part of the Employer) is a corporation any stock of which is publicly traded on an established securities market or otherwise, and (ii) the Participant is or was a "key employee" (determined under Section 416(i)(1)(A)(i), (ii) or (iii) of the Code, applied in accordance with the regulations thereunder and disregarding Section 416(i)(5) of the Code) at any time during (A)... if the date of separation from service is April 1 through December 31, the preceding calendar year, or (B) if the date of separation from service is January 1 through March 31, the second calendar year preceding the calendar year in which the separation from service occurs (e.g., 2007 for a separation from service occurring January 1 through March 31 of 2009) View More