Common use of 409A Savings Clause Clause in Contracts

409A Savings Clause. Notwithstanding any other provision of this Agreement to the contrary, the Committee may, in good faith, amend this Agreement without the consent of the Award Recipient to the extent necessary, appropriate or desirable to comply with the requirements under Section 409A of the Code or to prevent the Award Recipient from being subject to any additional tax or penalty under Section 409A of the Code, while maintaining to the maximum extent practicable the original intent of this Agreement. Notwithstanding the foregoing, neither the Company nor any Subsidiary of the Company, nor the Administrator, shall be liable to any Award Recipient if an RSU grant is subject to Section 409A of the Code, or the Award Recipient otherwise is subject to any additional tax or penalty under Section 409A of the Code.

Appears in 2 contracts

Samples: Restricted Stock Unit Grant Agreement (Radisys Corp), Restricted Stock Unit Grant Agreement (Radisys Corp)

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409A Savings Clause. Notwithstanding any other provision of this Agreement to the contrary, the Committee Board may, in good faith, amend this Agreement without the consent of the Award Recipient to the extent necessary, appropriate or desirable to comply with the requirements under Section 409A of the Code or to prevent the Award Recipient from being subject to any additional tax or penalty under Section 409A of the Code, while maintaining to the maximum extent practicable the original intent of this Agreement. Notwithstanding the foregoing, neither the Company nor any Subsidiary of the Company, nor the Administrator, shall be liable to any Award Recipient if an RSU grant is subject to Section 409A of the Code, or the Award Recipient otherwise is subject to any additional tax or penalty under Section 409A of the Code.

Appears in 2 contracts

Samples: Restricted Stock Unit Grant Agreement (Radisys Corp), Restricted Stock Unit Grant Agreement (Radisys Corp)

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409A Savings Clause. Notwithstanding any other provision of this Agreement to the contrary, the Board or the Committee may, in good faith, amend this Agreement without the consent of the Award Recipient to the extent necessary, appropriate or desirable to comply with the requirements under Section 409A of the Code or to prevent the Award Recipient from being subject to any additional tax or penalty under Section 409A of the Code, while maintaining to the maximum extent practicable the original intent of this Agreement. Notwithstanding the foregoing, neither the Company nor any Subsidiary subsidiary of the Company, nor the AdministratorCommittee, shall be liable to any Award Recipient if an RSU grant is subject to Section 409A of the Code, or the Award Recipient otherwise is subject to any additional tax or penalty under Section 409A of the Code.

Appears in 1 contract

Samples: Restricted Stock Unit Grant Agreement (Radisys Corp)

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