Common use of Application of Internal Revenue Code Section 409A Clause in Contracts

Application of Internal Revenue Code Section 409A. (i) All payments and benefits provided under this Agreement are intended to be exempt from, or in accordance with, Code Section 409A, and the Agreement is to be interpreted accordingly. Each installment payment is intended to constitute a separate benefit and terms such as “employment termination,” “termination from employment” or like terms are intended to constitute a Separation from Service, as defined below. To the extent exempt from Code Section 409A, payments are intended to be exempt under the short term deferral exemption or partially exempt under the involuntary separation pay plan exemption. Notwithstanding the forgoing, Chemical has no responsibility for any taxes, penalties or interest incurred by Executive in connection with payments and benefits provided under this Agreement, including any imposed by Code Section 409A.

Appears in 4 contracts

Samples: Executive Employment Agreement (Chemical Financial Corp), Executive Employment Agreement (Chemical Financial Corp), Executive Employment Agreement (Chemical Financial Corp)

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Application of Internal Revenue Code Section 409A. (i) All payments and benefits provided under this Agreement are intended to be exempt from, or in accordance with, Code Section 409A, and the Agreement is to be interpreted accordingly. Each installment payment is intended to constitute a separate benefit and terms such as “employment termination,” “termination from employment” or like terms are intended to constitute a Separation from Service, as defined below. To the extent exempt from Code Section 409A, payments are intended to be exempt under the short term deferral exemption exemption, or exempt or partially exempt under the involuntary separation pay plan exemption. Notwithstanding the forgoing, neither Chemical nor any Affiliate has no responsibility for any taxes, penalties or interest incurred by Executive in connection with payments and benefits provided under this Agreement, including any imposed by Code Section 409A.

Appears in 3 contracts

Samples: Executive Employment Agreement (TCF Financial Corp), Executive Employment Agreement (Chemical Financial Corp), Executive Employment Agreement (Chemical Financial Corp)

Application of Internal Revenue Code Section 409A. (i) All payments and benefits provided under this Agreement are intended to be exempt from, or in accordance with, Code Section 409A, and the this Agreement is to be interpreted accordingly. Each installment payment is intended to constitute a separate benefit benefit, and terms such as “employment termination,” “termination from employment” or like terms are intended to constitute a Separation from Service, as defined below. To the extent exempt from Code Section 409A, payments are intended to be exempt under the short short-term deferral exemption or partially exempt under the involuntary separation pay plan exemption. Notwithstanding the forgoingforegoing, Chemical has no responsibility for any taxes, penalties or interest incurred by Executive in connection with payments and benefits provided under this Agreement, including any imposed by Code Section 409A.

Appears in 2 contracts

Samples: Retention Agreement (Chemical Financial Corp), Retention Agreement (Chemical Financial Corp)

Application of Internal Revenue Code Section 409A. (i) All payments and benefits provided under this Agreement are intended to be exempt from, or in accordance with, Code Section 409A, and the Agreement is to be interpreted accordingly. Each installment payment is intended to constitute a separate benefit and terms such as “employment termination,” “termination from employment” or like terms are intended to constitute a Separation from Service, as defined below. To the extent exempt from Code Section 409A, payments are intended to be exempt under the short term deferral exemption exemption, or exempt or partially exempt under the involuntary separation pay plan exemption. Notwithstanding the forgoing, Chemical neither Chemical, the Bank nor any Affiliate has no responsibility for any taxes, penalties or interest incurred by Executive in connection with payments and benefits provided under this Agreement, including any imposed by Code Section 409A.

Appears in 1 contract

Samples: Executive Employment Agreement (Chemical Financial Corp)

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Application of Internal Revenue Code Section 409A. (i) All payments and benefits provided under this Agreement are intended to be exempt from, or in accordance with, Code Section 409A, and the Agreement is to be interpreted accordingly. Each installment payment is intended to constitute a separate benefit and terms such as “employment Employment termination,” “termination from employmentEmployment” or like terms are intended to constitute a Separation from Service, as defined below. To the extent exempt from Code Section 409A, payments are intended to be exempt under the short term deferral exemption exemption, or exempt or partially exempt under the involuntary separation pay plan exemption. Notwithstanding the forgoing, neither Chemical nor any Affiliate has no responsibility for any taxes, penalties or interest incurred by Executive in connection with payments and benefits provided under this Agreement, including any imposed by Code Section 409A.

Appears in 1 contract

Samples: Executive Employment Agreement (Chemical Financial Corp)

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