Specified Employee

Specified Employee. Means an individual who, during the 12-month period ending on the December 31 next preceding his separation from service, was a "key employee", as such term is defined in Section 416(i) of the Internal Revenue Code without regard to section 416(i)(5) of the Internal Revenue Code, of Westsound, provided that stock of Westsound is publicly traded on an established securities market or otherwise.

Specified Employee. Shall have the meaning given in Code Section 409A as determined in accordance with the methodology established by the Company as in effect on the date of Executive's Separation from Service.

Specified Employee. Any individual who: (i) is or was an employee of Seller or Seller Parent that, on the Closing Date or during the one hundred eighty (180) day period ending on the Closing Date, provided services to Seller or Parent Seller in connection with the Business; or (ii) is an employee of Buyer or its Affiliates at any time during the Noncompetition Period.

Specified Employee. For purposes of this Agreement, "Specified Employee" shall mean an employee who, at any time during the 12-month period ending on the identification date (defined below), is (i) an officer of the Company or a member of its controlled group (as determined for purposes of section 416(i) of the Code) who has annual compensation greater than $160,000 (or such other amount as may be in effect under section 416(i)(1) of the Code), (ii) a 5% owner of the Company or (iii) a 1% owner of the Company who... has annual compensation greater than $150,000. The identification date shall be each December 31, and the determination of Specified Employees as of such identification date shall apply for the 12-month period following April 1 after the identification date. The determination of Specified Employees, including the number and identity of persons considered officers, shall be made by the Board (or a Board committee) in accordance with the provisions of sections 416(i) and 409A of the Code and the regulations issued thereunder. View More

Specified Employee. Means a Participant who at any time during the twelve (12) month period ending on an Identification Date is a Key Employee. If a Participant would be deemed a Key Employee as of an Identification Date, the Participant is treated as a "Specified Employee" for the twelve (12) month period beginning on the fourth month following the end of the twelve (12) month period following the Identification Date. Notwithstanding the foregoing, unless otherwise provided under Section 409A of the Code and its... corresponding regulations, no Participant shall be deemed a Specified Employee if at the time of the Participant's Separation From Service no stock of the 4 Corporation, or any entity required to be aggregated with the Corporation pursuant to Section 414(b) or 414(c) of the Code, is publicly traded on an established securities market or otherwise. View More

Specified Employee. Means any Participant who, at any time during the twelve month period ending on the identification date as determined by the Committee (or its delegate), is a specified employee under section 409A of the Code, as determined by the Committee (or its delegate). The determination of "specified employees," including the number and identity of persons considered "specified employees" and identification date, shall be made by the Committee (or its delegate) in accordance with the provisions of... sections 416(i) and 409A of the Code and the regulations issued thereunder. View More

Specified Employee. For purposes of this Agreement, the Executive will be a "Specified Employee" if the Executive is a key employee (as defined in Code Section 416(i) but without regard to Code Section 416(i)(5)) of the Company or an affiliate of the Company (within the meaning of Code Section 414(b) or (c)) any of the stock of which is publicly traded on an established securities market, as determined at the time of the Executive's Separation from Service. The Executive is a key employee under Code Section 416(i)... if the Executive meets the requirements of Code Section 416(i)(1)(A)(i), (ii) or (iii), applied in accordance with the regulations under Code Section 416, but disregarding Code Section 416(i)(5), at any time during the 12-month period ending on an identification date. If the Executive is a key employee as of an identification date, the Executive is treated as a Specified Employee for the 12-month period beginning on the first day of the fourth month following the identification date. The identification date for this Agreement shall be September 30 of each year, such that if the Executive satisfies the foregoing requirements for key employee status as of September 30 of a year, the Executive shall be treated as a Specified Employee for the following calendar year. View More

Specified Employee. Means a specified employee as defined in Code Section 409A(a) (2)(B).

Specified Employee. As that term is defined in Section 409A

Specified Employee. Shall be determined in accordance with Section 409A(a)(2)(B)(i) of the Code and Treasury Regulation Section 1.409A-1(i). For these purposes, Executive's compensation shall be determined under Treasury Regulation Section 1.415(c)-2(a) and applied as if the Company were not using any safe harbor provided in Treasury Regulation Section 1.415(c)-2(d), were not using any of the elective special timing rules provided in Treasury Regulation Section 1.415(c)-2(e), and were not using any of the elective... special rules provided in Treasury Regulation Section 1.415(c)-2(g). View More