 What is the Plan intended to comply with?
The Plan is intended to comply with Code Section 409A.  Notwithstanding any provision of the Plan to the contrary, the Plan shall be interpreted, operated and administered consistent with this intent.  If any Participant is a “specified employee” within the meaning of Code Section 409A then, notwithstanding anything to the contrary herein, any amount that would otherwise be payable to the Participant under the Plan during the first six months following the Participant’s “separation from service” (within the meaning of Code Section 409A) shall instead be paid to the Participant on the earlier of (i) the Participant’s death or (ii) the first day following the end of such six-month period.
Code Section 409A