Timing of Payments Clause Example with 10 Variations from Business Contracts

This page contains Timing of Payments clauses in business contracts and legal agreements. An example clause is provided at the top of the page, followed by clauses with minor variations. You can view the text differences by selecting the "Show Differences" option.
Timing of Payments. (a) To the extent applicable, this Agreement is intended to comply with Code Section 409A and shall be interpreted accordingly. (b) If payment is due and payable under Section 2(b), it will be made upon your death. (c) If payment is due and payable under Section 2(f), it will be made six (6) months after the termination of your employment (or, to the extent Code Section 409A applies to your Restricted Units, six (6) months after your "separation from service" under Code Section 409A, if that is ...a different date). (d) If payment is due and payable under Section 3(b), and the Change of Control that causes payment to be due and payable is a "change of control" as defined under Code Section 409A, such sum shall be paid to you within thirty (30) days after the Change of Control. If payment is due and payable under Section 3(b), and the Change of Control that causes payment to be due and payable is not a "change of control" as defined under Code Section 409A, such sum shall be paid to you at the time determined under Section 8(e). (e) If payment is due and payable under the Standard Settlement Terms, payment will be made by March 15 of the calendar year after the expiration of the Period of Restriction; provided, however, that if you were given the opportunity to defer payment under an applicable deferred compensation plan offered by the Company or an Affiliate, such as may have occurred in connection with the beginning of your employment, and chose to defer payment, then payment will be made at the time determined under that plan. View More

Variations of a "Timing of Payments" Clause from Business Contracts

Timing of Payments. (a) To the extent applicable, this Agreement is intended to comply with Code Section 409A and shall be interpreted accordingly. (b) If payment is due and payable under Section 2(b), it will be made upon your death. (c) If payment is due and payable under Section 2(f), it will be made six (6) months after the termination of your employment (or, to the extent Code Section 409A applies to your Restricted Units, six (6) months after your "separation from service" under Code Section 409A, if that is ...a different date). (d) If payment is due and payable under Section 3(b), and the Change of Control that causes payment to be due and payable is a "change of control" as defined under Code Section 409A, such sum shall be paid to you within thirty (30) days after the Change of Control. If payment is due and payable under Section 3(b), and the Change of Control that causes payment to be due and payable is not a "change of control" as defined under Code Section 409A, such sum shall be paid to you at the time determined under Section 8(e). (e) 8(d). (d) If payment is due and payable under the Standard Settlement Terms, payment will be made by March 15 of the calendar year after the expiration of the applicable Period of Restriction; Restriction for the Unit Tranche; provided, however, that if you were given the opportunity to defer payment under an applicable deferred compensation plan offered by the Company or an Affiliate, such as may have occurred in connection with the beginning of your employment, and chose to defer payment, then payment will be made at the time determined under that plan. 4 9. Closing Price. For purposes of this Agreement, Closing Price will mean the closing price of a Share as reported in the principal consolidated transaction reporting system for the New York Stock Exchange (or on such other recognized quotation system on which the trading prices of the Shares are quoted at the relevant time), or in the event that there are no Share transactions reported on such tape or other system on the applicable date, the closing price on the immediately preceding date on which Share transactions were reported. Closing Price shall constitute "Fair Market Value" under the Plan for all purposes related to your Restricted Units. View More
Timing of Payments. (a) To the extent applicable, this This Agreement is intended to comply with Code Section 409A and shall be interpreted accordingly. (b) If payment is due and payable under Section 2(b), it will be made upon your death. (c) If payment is due and payable under Section 2(f), it will be made six (6) months after the termination of your employment (or, to the extent (or six (6) months after your "separation from service" under Code Section 409A applies to your Restricted Units, 409A, if that is a di...fferent date); provided, however, that if you were an Insider at any time during the Performance Period, payment will be made in the calendar year after the end of the Performance Period but in no event earlier than six (6) months after the termination of your employment (or six months after your "separation from service" under Code Section 409A, if that is a different date). (d) If payment is due and payable under Section 3(b), and the Change of Control that causes payment to be due and payable is a "change of control" as defined under Code Section 409A, such sum shall be paid to you within thirty (30) days after of the Change of Control. If payment is due and payable under Section 3(b), and the Change of Control that causes payment to be due and payable is not a "change of control" as defined under Code Section 409A, such sum shall be paid to you at the time determined under Section 8(e). (e) If payment is due and payable under the Standard Settlement Performance Terms, payment will be made by March 15 of in the calendar year after the expiration end of the Period of Restriction; Performance Period; provided, however, that if you were given the opportunity to defer payment under an applicable deferred compensation plan offered by the Company or an Affiliate, such as may have occurred in connection with the beginning of your employment, Affiliate and chose to defer payment, then payment will be made at the time determined under that plan. 5 9. Closing Price. For purpose of this Agreement, "Closing Price" will mean the closing price of a Share as reported in the principal consolidated transaction reporting system for the New York Stock Exchange (or on such other recognized quotation system on which the trading prices of the Shares are quoted at the relevant time), or in the event that there are no Share transactions reported on such tape or other system on the applicable date, the closing price on the immediately preceding date on which Share transactions were reported. Closing Price shall constitute "Fair Market Value" under the Plan for all purposes related to your Performance Units. View More
Timing of Payments. (a) To the extent applicable, this Agreement is intended to comply with Code Section 409A and shall be interpreted accordingly. (b) If payment is due and payable under Section 2(b), it will be made upon your death. (c) If payment is due and payable under Section 2(f), it will be made six (6) months after the termination of your employment (or, to the extent Code Section 409A applies to your Restricted Stock Units, six (6) months after your "separation from service" under Code Section 409A, if th...at is a different date). (d) If payment is due and payable under Section 3(b), and the Change of Control that causes payment to be due and payable is a "change of control" as defined under Code Section 409A, such sum shall be paid to you within thirty (30) days after the Change of Control. If payment is due and payable under Section 3(b), and the Change of Control that causes payment to be due and payable is not a "change of control" as defined under Code Section 409A, such sum shall be paid to you at the time determined under Section 8(e). (e) If payment is due and payable under the Standard Settlement Terms, payment will be made by March 15 of the calendar year after the expiration of the Period of Restriction; provided, however, that if you were given the opportunity to defer payment under an applicable deferred compensation plan offered by the Company or an Affiliate, such as may have occurred in connection with the beginning of your employment, and chose to defer payment, then payment will be made at the time determined under that plan. 3 9. Closing Price. For purposes of this Agreement, Closing Price will mean the closing price of a Share as reported in the principal consolidated transaction reporting system for the New York Stock Exchange (or on such other recognized quotation system on which the trading prices of the Shares are quoted at the relevant time), or in the event that there are no Share transactions reported on such tape or other system on the applicable date, the closing price on the immediately preceding date on which Share transactions were reported. Closing Price shall constitute "Fair Market Value" under the Plan for all purposes related to your Restricted Stock Units. View More
Timing of Payments. (a) To the extent applicable, this Agreement is intended to comply with Code Section 409A and shall be interpreted accordingly. (b) If payment is due and payable under Section 2(b), it will be made upon your death. (c) If payment is due and payable under Section 2(f), it will be made six (6) months after the termination of your employment (or, to the extent Code Section 409A applies to your Restricted Stock Units, six (6) months after your "separation from service" under Code Section 409A, if th...at is a different date). (d) If payment is due and payable under Section 3(b), and the Change of Control that causes payment to be due and payable is a "change of control" as defined under Code Section 409A, such sum shall be paid to you within thirty (30) days after the Change of Control. If payment is due and payable under Section 3(b), and the Change of Control that causes payment to be due and payable is not a "change of control" as defined under Code Section 409A, such sum shall be paid to you at the time determined under Section 8(e). (e) If payment is due and payable under the Standard Settlement Terms, payment will be made by March 15 of the calendar year after the expiration of the Period of Restriction; provided, however, that if you were given the opportunity to defer payment under an applicable deferred compensation plan offered by the Company or an Affiliate, such as may have occurred in connection with the beginning of your employment, and chose to defer payment, then payment will be made at the time determined under that plan. 4 9. Closing Price. For purposes of this Agreement, Closing Price will mean the closing price of a Share as reported in the principal consolidated transaction reporting system for the New York Stock Exchange (or on such other recognized quotation system on which the trading prices of the Shares are quoted at the relevant time), or in the event that there are no Share transactions reported on such tape or other system on the applicable date, the closing price on the immediately preceding date on which Share transactions were reported. Closing Price shall constitute "Fair Market Value" under the Plan for all purposes related to your Restricted Stock Units. View More
Timing of Payments. (a) To the extent applicable, this This Agreement is intended to comply with Code Section 409A and shall be interpreted accordingly. If Shares are to be paid to you, you will receive evidence of ownership of those Shares. (b) If payment is due and payable under Section 2(b), it will be made upon your death. 5 (c) If payment is due and payable under Section 2(f), it will be made six (6) months after the termination of your employment (or, to the extent (or six (6) months after your "separation fr...om service" under Code Section 409A applies to your Restricted Units, 409A, if that is a different date); provided, however, that if you were an Insider or an "executive officer" of the Company under the Securities Exchange Act of 1934, as amended, and the rules promulgated thereunder, at any time during the Performance Period, payment will be made in the calendar year after the end of the Performance Period but in no event earlier than six (6) months after the termination of your employment (or six months after your "separation from service" under Code Section 409A, if that is a different date). (d) If payment is due and payable under Section 3(b), 3(a), and the Change of Control that causes payment to be due and payable is a "change of control" as defined under Code Section 409A, such sum shall be paid to you within thirty (30) days after of the Change of Control. If payment is due and payable under Section 3(b), 3(a), and the Change of Control that causes payment to be due and payable is not a "change of control" as defined under Code Section 409A, such sum shall be paid to you at the time determined under Section 8(e). (e) If payment is due and payable under the Standard Settlement Terms, payment will be made by March 15 of the calendar year after the expiration of the Period of Restriction; provided, however, that if Performance Terms and you were given the opportunity have chosen to defer payment under an applicable deferred compensation plan offered by the Company or an Affiliate, such as may have occurred in connection with the beginning of your employment, and chose to defer payment, then payment will be made at the time determined under that plan. If payment is due and payable under the Standard Performance Terms and you have not chosen to defer payment under an applicable deferred compensation plan offered by the Company or an Affiliate, payment will be made in the calendar year after the end of the Performance Period. View More
Timing of Payments. (a) To the extent applicable, this This Agreement is intended to comply with Code Section 409A and shall be interpreted accordingly. If Shares are to be paid to you, you will receive evidence of ownership of those Shares. (b) If payment is due and payable under Section 2(b), it will be made upon your death. (c) If payment is due and payable under Section 2(f), it will be made six (6) months after the termination of your employment (or, to the extent (or six (6) months after your "separation from... service" under Code Section 409A applies to your Restricted Units, 409A, if that is a different date); provided, however, that if you were an Insider or an "executive officer" of the Company under the Securities Exchange Act of 1934, as amended, and the rules promulgated thereunder, at any time during the Performance Period, payment will be made in the calendar year after the end of the Performance Period but in no event earlier than six (6) months after the termination of your employment (or six months after your "separation from service" under Code Section 409A, if that is a different date). (d) If payment is due and payable under Section 3(b), 3(a), and the Change of Control that causes payment to be due and payable is a "change of control" as defined under Code Section 409A, such sum shall be paid to you within thirty (30) days after of the Change of Control. If payment is due and payable under Section 3(b), 3(a), and the Change of Control that causes payment to be due and payable is not a "change of control" as defined under Code Section 409A, such sum shall be paid to you at the time determined under Section 8(e). (e) If payment is due and payable under the Standard Settlement Terms, payment will be made by March 15 of the calendar year after the expiration of the Period of Restriction; provided, however, that if Performance Terms and you were given the opportunity have chosen to defer payment under an applicable deferred compensation plan offered by the Company or an Affiliate, such as may have occurred in connection with the beginning of your employment, and chose to defer payment, then payment will be made at the time determined under that plan. If payment is due and payable under the Standard Performance Terms and you have not chosen to defer payment under an applicable deferred compensation plan offered by the Company or an Affiliate, payment will be made in the calendar year after the end of the Performance Period. View More
Timing of Payments. (a) To the extent applicable, this This Agreement is intended to comply with Code Section 409A and shall be interpreted accordingly. If Shares are to be paid to you, you will receive evidence of ownership of those Shares. (b) If payment is due and payable under Section 2(b), it will be made upon your death. (c) If payment is due and payable under Section 2(f), it will be made six (6) months after the termination of your employment (or, to the extent Code Section 409A applies to your Restricted U...nits, (or six (6) months after your "separation from service" under Code Section 409A, if that is a different date). (d) If payment is due and payable under Section 3(b), 3(a), and the Change of Control that causes payment to be due and payable is a "change of control" as defined under Code Section 409A, such sum shall be paid to you within thirty (30) days after of the Change of Control. If payment is due and payable under Section 3(b), 3(a), and the Change of Control that causes payment to be due and payable is not a "change of control" as defined under Code Section 409A, such sum shall be paid to you at the time determined under Section 8(e). (e) If payment is due and payable under the Standard Settlement Terms, payment will be made by March 15 of the calendar year after the expiration of the Period of Restriction; provided, however, that if Performance Terms and you were given the opportunity have chosen to defer payment under an applicable deferred compensation plan offered by the Company or an Affiliate, such as may have occurred in connection with the beginning of your employment, and chose to defer payment, then payment will be made at the time determined under that plan. If payment is due and payable under the Standard Performance Terms and you have not chosen to defer payment under an applicable deferred compensation plan offered by the Company or an Affiliate, payment will be made in the calendar year after the end of the Performance Period. View More
Timing of Payments. (a) To the extent applicable, this This Agreement is intended to comply with Code Section 409A and shall be interpreted accordingly. (b) If payment is due and payable under Section 2(b), it will be made upon your death. (c) If payment is due and payable under Section 2(f), 2(e), it will be made six (6) months after the termination of your employment (or, (or six (6) months after your "separation from service" under Code Section 409A, if that is a different date); provided, however, that if you w...ere subject to the extent Code reporting requirements of Section 409A applies to 16 of the Exchange Act, or were an "executive officer" of the Company under the Exchange Act and the rules promulgated thereunder, at any time during the Performance Period, payment will be made in the calendar year after the end of the Performance Period but in no event earlier than six (6) months after the termination of your Restricted Units, employment (or six (6) months after your "separation from service" under Code Section 409A, if that is a different date). (d) If payment is due and payable under Section 3(b), and the Change of Control that causes payment to be due and payable is a "change of control" as defined under Code Section 409A, such sum shall be paid to you within thirty (30) days after of the Change of Control. If payment is due and payable under Section 3(b), and the Change of Control that causes payment to be due and payable is not a "change of control" as defined under Code Section 409A, such sum shall be paid to you at the time determined under Section 8(e). 4 (e) If payment is due and payable under the Standard Settlement Performance Terms, payment will be made by March 15 of in the calendar year after the expiration end of the Period of Restriction; Performance Period; provided, however, that if you were given the opportunity to defer payment under an applicable deferred compensation plan offered by the Company or an Affiliate, such as may have occurred in connection with the beginning of your employment, Affiliate and chose to defer payment, then payment will be made at the time determined under that plan. View More
Timing of Payments. (a) To the extent applicable, this This Agreement is intended to comply with Code Section 409A and shall be interpreted accordingly. (b) If payment is due and payable under Section 2(b), it will be made upon your death. (c) If payment is due and payable under Section 2(f), it will be made six (6) months after the termination of your employment (or, to the extent Code Section 409A applies to your Restricted Units, (or six (6) months after your "separation from service" under Code Section 409A, if... that is a different date); provided, however, that if you were an Insider or an "executive officer" of the Company under the Securities Exchange Act of 1934, as amended, and the rules promulgated thereunder, at any time during the Performance Period, payment will be made in the calendar year after the end of the Performance Period but in no event earlier than six (6) months after the termination of your employment (or six months after your "separation from service" under Code Section 409A, if that is a different date). 4 (d) If payment is due and payable under Section 3(b), and the Change of Control that causes payment to be due and payable is a "change of control" as defined under Code Section 409A, such sum shall be paid to you within thirty (30) days after of the Change of Control. If payment is due and payable under Section 3(b), and the Change of Control that causes payment to be due and payable is not a "change of control" as defined under Code Section 409A, such sum shall be paid to you at the time determined under Section 8(e). (e) If payment is due and payable under the Standard Settlement Performance Terms, payment will be made by March 15 of in the calendar year after the expiration end of the Period of Restriction; Performance Period; provided, however, that if you were given the opportunity to defer payment under an applicable deferred compensation plan offered by the Company or an Affiliate, such as may have occurred in connection with the beginning of your employment, Affiliate and chose to defer payment, then payment will be made at the time determined under that plan. View More
Timing of Payments. (a) To the extent applicable, this This Agreement is intended to comply with Code Section 409A and shall be interpreted accordingly. (b) If payment is due and payable under Section 2(b), it will be made upon your death. (c) If payment is due and payable under Section 2(f), it will be made six (6) months after the termination of your employment (or, to the extent (or six (6) months after your "separation from service" under Code Section 409A applies to your Restricted Units, 409A, if that is a di...fferent date); provided, however, that if you were an Insider at any time during the Performance Period, payment will be made in the calendar year after the end of the Performance Period but in no event earlier than six (6) months after the termination of your employment (or six months after your "separation from service" under Code Section 409A, if that is a different date). (d) If payment is due and payable under Section 3(b), and the Change of Control that causes payment to be due and payable is a "change of control" as defined under Code Section 409A, such sum shall be paid to you within thirty (30) days after of the Change of Control. If payment is due and payable under Section 3(b), and the Change of Control that causes payment to be due and payable is not a "change of control" as defined under Code Section 409A, such sum shall be paid to you at the time determined under Section 8(e). 5 (e) If payment is due and payable under the Standard Settlement Performance Terms, payment will be made by March 15 of in the calendar year after the expiration end of the Period of Restriction; Performance Period; provided, however, that if you were given the opportunity to defer payment under an applicable deferred compensation plan offered by the Company or an Affiliate, such as may have occurred in connection with the beginning of your employment, Affiliate and chose to defer payment, then payment will be made at the time determined under that plan. View More