Common use of 409A Compliance Clause in Contracts

409A Compliance. The Executive and the Company agree and confirm that this Employment Agreement is intended by both parties to provide for compensation that is exempt from Code Section 409A as separation pay (up to the Code Section 409A limit) or as a short-term deferral, and to be compliant with Code Section 409A with respect to additional severance compensation and bonus compensation. This Agreement shall be interpreted, construed, and administered in accordance with this agreed intent, provided that the Company does not promise or warrant any tax treatment of compensation hereunder. Executive is responsible for obtaining advice regarding all questions to federal, state, or local income, estate, payroll, or other tax consequences arising from participation herein. This Agreement shall not be amended or terminated in a manner that would accelerate or delay payment of severance pay or bonus pay except as permitted under Treasury Regulations under Code Section 409A.

Appears in 15 contracts

Samples: Employment Agreement (Texas Roadhouse, Inc.), Employment Agreement (Texas Roadhouse, Inc.), Employment Agreement (Texas Roadhouse, Inc.)

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409A Compliance. The Executive Employee and the Company agree and confirm that this Employment Agreement is intended by both parties to provide for compensation that is exempt from Code Section 409A of the Code as separation pay (up to the Code Section 409A limit) or as a short-term deferral), and to be compliant with Code Section 409A of the Code with respect to additional severance compensation and bonus compensation. This Employment Agreement shall be interpreted, construed, and administered in accordance with this agreed intent, provided that the Company does not promise or warrant any tax treatment of compensation hereunder. Executive Employee is responsible for obtaining advice regarding all questions to federal, state, or local income, estate, payroll, or other tax consequences arising from participation herein. This Employment Agreement shall not be amended or terminated in a manner that would accelerate or delay payment of severance pay or bonus pay except as permitted under Treasury Regulations under Code Section 409A.409A of the Code.

Appears in 6 contracts

Samples: Employment Agreement (Res Care Inc /Ky/), Employment Agreement (Res Care Inc /Ky/), Employment Agreement (Res Care Inc /Ky/)

409A Compliance. The Executive and the Company agree and confirm that this Employment Agreement is intended by both parties to provide for compensation that is exempt from Code Section 409A as separation pay (up to the Code Section 409A limit) or as a short-term deferral, and to be compliant with Code Section 409A with respect to additional severance compensation and bonus compensation. This Agreement shall be interpreted, construed, and administered in accordance with this agreed intent, provided that the Company does not promise or warrant any tax treatment of compensation hereunder. Executive is responsible for obtaining advice regarding all questions to federal, state, or local income, estate, payroll, or other tax consequences arising from participation herein. This Agreement shall not be amended or terminated in a manner that would accelerate or delay payment of severance pay or bonus pay except as permitted under Treasury Regulations under Code Section 409A.

Appears in 5 contracts

Samples: 2018  employment Agreement (Texas Roadhouse, Inc.), Employment Agreement (Texas Roadhouse, Inc.), 2016 Employment Agreement (Texas Roadhouse, Inc.)

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409A Compliance. The Executive and the Company agree and confirm that this Employment Agreement is intended by both parties to provide for compensation that is exempt from Code Section 409A as separation pay (up to the Code Section 409A limit) or as a short-term deferral, and to be compliant with Code Section 409A with respect to additional severance compensation and bonus compensation. This Agreement shall be interpreted, construed, and administered in accordance with this agreed intent, provided that the Company does not promise or warrant any tax treatment of compensation hereunder. Executive is responsible for obtaining advice regarding all questions to federal, state, or local income, estate, payroll, or other tax consequences arising from participation herein. This Agreement shall not be amended or terminated in a manner that would accelerate or delay payment of severance pay or bonus pay except as permitted under Treasury Regulations under Code Section 409A.409A. [Remainder of this page intentionally left blank.]

Appears in 3 contracts

Samples: Employment Agreement (Texas Roadhouse, Inc.), Employment Agreement (Texas Roadhouse, Inc.), 2018 Employment Agreement (Texas Roadhouse, Inc.)

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