Specified Employee

Specified Employee. Means any individual who is (i) an employee of (including any independent contractor or consultant and their Affiliates) Buyer or Company (other than Company employees who do not begin providing services to Buyer as part of the Asset Sale) prior to the Closing Date or (ii) an employee of (including any independent contractor or consultant and their Affiliates) Buyer with whom the Restricted Party worked directly at any time during the Term.

Specified Employee. Interpreted to comply with Code Section 409A and shall mean a key employee within the meaning of Code Section 416(i) (without regard to paragraph 5 thereof), but an individual shall be a "Specified Employee" only if the Bank or Company is or becomes a publicly traded company.

Specified Employee. Means any individual who (i) is or was an employee of any Acquired Corporation on the date of this Noncompetition Agreement or during the one year period ending on the date of this Noncompetition Agreement or (ii) becomes an employee of Parent, any Acquired Corporation or any of Parent's other subsidiaries at any time during the Noncompetition Period; provided, however, that "Specified Employee" for this purpose shall not mean and does not include Andrei (Andrew) Tcherniaev, Iouri (Yuri)... Feinberg; Walter Chan, Jeh-Fu (Jeff Tuan), Sang Wang and An-Chang Deng. [Remainder of page intentionally left blank.] View More

Specified Employee. Shall mean a key employee (as defined in section 416(i) of the Code without regard to paragraph (5) thereof) of a corporation any stock of which is publicly traded on an established securities market.

Specified Employee. Shall have the same meaning as under Internal Revenue Code Section 409A and the regulations thereunder.

Specified Employee. Shall mean a key employee (as defined in Section 416(i) of the Code, without regard to paragraph 5 thereof) of the Company if any stock of the Company (or any entity with which the Company would be considered a single employer under section 414(b) or 414(c) of the Code) is publicly traded on an established securities market or otherwise or such other definition as may be set forth in Section 409A of the Code.

Specified Employee. A specified employee as defined in Section 409A of the Code and applicable regulations as of the date of the Executive's termination.

Specified Employee. For an applicable twelve (12) month period beginning on April 1, a key employee (as described in Code Section 416(i), determined without regard to paragraph (5) thereof) during the calendar year immediately preceding such April 1.

Specified Employee. On any date in the applicable period, any employee of the Company or any affiliate of the Company that would be considered a single employer with the Company under Section 414(a) or (b) of the Internal Revenue Code of 1986, as amended, (the "Code") who was a "key employee" within the meaning of Section 416(i) of the Code (without regard to paragraph (5) thereof) at any time during the 12-month period ending on the identification date. For the period beginning January 1, 2005 and ending March... 30, 2006, the identification date is December 31, 2004. Thereafter, the applicable period is each 12-month period beginning on April 1, 2006 and each subsequent April 1 and the identification date for each such period is the immediately preceding December 31. For example, for the period beginning April 1, 2006, the identification date is December 31, 2005. Specified Employees shall be determined in accordance with Section 409A. View More

Specified Employee. Means (a) each "specified employee," as defined in Section 409A(a)(2)(B)(i) of the Code, who meets the requirements of 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) any time during the 12 month period ending on December 31st of a calendar year and (b) to the extent not otherwise included in (a) hereof, each of the top-100 paid individuals (based on taxable wages as reported in Box 1 of... Form W-2 for the 12- month period 3 ending on December 31st of such calendar year plus amounts that would be included in wages for such 12 month period but for pre-tax deferrals to a tax-favored retirement plan or cafeteria plan or for qualified transportation benefits) who performed services for the Company at any time during the 12- month period ending on December 31st of such calendar year. A Participant shall be treated as a "Specified Employee" for the 12-month period beginning on April 1st of the calendar year following the calendar year for which the determination under clause (a) or (b) of this definition is made. View More