Specified Employee

Specified Employee. If 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 or otherwise, as determined at the time of Executive's "separation from service". Executive is a key employee under Code Section 416(i) if 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 twelve (12) month period ending on an identification date. For purposes of determining whether Executive is a key employee, compensation shall mean wages within the meaning of Code Section 3401(a) but determined without regard to any rules that limit the amount of remuneration included in wages based on the nature or location of the employment or services performed. If Executive is a key employee as of an identification date, Executive is treated as a key employee for the twelve (12) month period beginning on the first day of the fourth month following the identification date. The identification date for this Agreement shall be December 31 of each year, such that if Executive satisfies the foregoing requirements for key employee status as of December 31 of a year, Executive shall be treated as a key employee for the twelve (12) month period starting April 1 of the following calendar year. If, in a transaction constituting a "change in control" of the Company, as determined by Code Section 409A, the Company is merged with or acquired by another entity, and immediately following such change in control of the Company the stock of either the Company or the acquirer or successor in such transaction is publicly traded on an established securities market or otherwise, then for the period between the date of such transaction and the next specified employee effective date of the acquirer or survivor, the acquirer or survivor shall combine the lists of the specified employees of each entity participating in the transaction and re-order the list to identify the top 50 key employees (as well as 1% and 5% owners that are considered key employees) in accordance with Treasury Regulation §1.409A-1(i)(6)(i). View More

Specified Employee. An individual (a) who is among the top fifty (50) highest paid U.S. employees of the Company and its subsidiaries for a calendar year and (b) whose Separation from Service occurs during the twelve (12)-month period commencing on April 1 after the end of such calendar year, but only if, on the date of such Participant's Separation from Service, the Company or any other entity that is considered a "service recipient" with respect to the Participant within the meaning of Code Section 409A has... stock which is publicly traded on an established securities market (within the meaning of Treasury Regulation 3 Section 1.897-1(m)) or otherwise. In addition, any employee with a Deferral Account hereunder who is employed outside of the U.S. will automatically be considered a Specified Employee View More

Specified Employee. For purposes of this Agreement, "Specified Employee" will have the meaning prescribed by Subsection 409A(a)(2)(B)(i) of the Code, as such meaning may be amended from time to time.

Specified Employee. A Participant who meets the requirements specified in Code Section 409A(a)(2)(B).

Specified Employee. The meaning ascribed to such term in Section 409A taking into account any elections made and procedures established in resolutions adopted by the Compensation Committee of the Board of Directors of the Company

Specified Employee. Means an employee of the Company or any Regency Entity who is a

Specified Employee. An individual who is determined by the Administrator to be or to have been, as of the relevant time, a "specified employee" (as that term is defined at Section 1.409A-1(i) of the Treasury Regulations) of the Employer. The Administrator may, but need not, elect in writing, subject to the applicable limitations under Section 409A, any of the special elective rules prescribed in Section 1.409A-1(i) of the Treasury Regulations for purposes of determining "specified employee" status. Any such... written election shall be deemed part of the Plan. View More

Specified Employee. The meaning set forth under Code Section 409A (and regulations issued thereunder).

Specified Employee. Shall have the meaning given in Code Section 409A as determined in accordance with the methodology established by the Bank as in effect on the date of the Executive's termination of employment that constitutes a 'separation from service' within the meaning of Code Section 409A.

Specified Employee. Any Employee described in Code Section 409A(a)(2)(B)(i), but only if the Company's stock is publicly traded at the time of such Employee's Separation From Service.