Tyson Foods 2014 Annual Report Download - page 148

Code Section 409A will be paid until you incur a separation from service (or until six (6) months after such date if you
are a “specified employee”
pursuant to subsection (d) of this Section), and any amounts that would otherwise have been
paid before such date will be paid instead as soon as practicable after such date.
(d)
Six-Month Delay in Payment
. Notwithstanding anything to the contrary in this Agreement, if you
are a “specified employee”
as defined and applied in Code Section 409A as of your Termination Date, then, to the
extent any payment under this Agreement or any Tyson plan or policy constitutes deferred compensation (after taking
into account any applicable exemptions from Code Section 409A, including those specified in subsection (f) of this
Section) and to the extent required by Code Section 409A, no payments due under this Agreement or any Tyson plan or
policy may be made until the earlier of: (i) the first (1st) day following the six (6) month anniversary of your
Termination Date and (ii) your date of death; provided, however, that any payments delayed during the six (6) month
period will be paid in the aggregate as soon as reasonably practicable following the six (6) month anniversary of your
Termination Date.
(e)
Expense Reimbursement
. In no event will an expense be reimbursed after December 31 of the
calendar year following the calendar year in which the expense was incurred. You are not permitted to receive a
payment or other benefit in lieu of reimbursement under Section 2(e).
(f)
Application of Exemptions . For purposes of Code Section 409A, each “payment” (
as defined by
Code Section 409A) made under this Agreement will be considered a “separate payment.”
In addition, for purposes of
Code Section 409A, each such payment will be deemed exempt from Code Section 409A to the fullest extent possible
under (i) the “short-term deferral” exemption of Treasury Regulation § 1.409A-
1((b)(4), and (ii) with respect to any
additional amounts paid no later than the second (2nd) calendar year following the calendar year containing your
Termination Date, the “involuntary separation” pay exemption of Treasury Regulation § 1.409A-
1(b)(9)(iii), which are
hereby incorporated by reference.
(g)
Effect of Release
. Any amounts that are not exempt from Code Section 409A under paragraph (f)
above, and which are paid subject to your execution of a Release that provides for a consideration period and
revocation period that crosses two calendar years, shall be paid on the
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