Common use of Application of Section 409A of the Code Clause in Contracts

Application of Section 409A of the Code. (a) To the extent applicable, it is intended that this Agreement comply with the provisions of Section 409A of the Code, so as to prevent inclusion in gross income of any amounts payable or benefits provided hereunder in a taxable year that is prior to the taxable year or years in which such amounts or benefits would otherwise actually be distributed, provided or otherwise made available to the Executive. This Agreement shall be construed, administered, and governed in a manner consistent with this intent.

Appears in 5 contracts

Samples: Two Year Change in Control Agreement (Oceanfirst Financial Corp), Two Year Change in Control Agreement (Oceanfirst Financial Corp), Change in Control Agreement (Oceanfirst Financial Corp)

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Application of Section 409A of the Code. (a) To the extent applicable, it is intended that this Agreement comply with the provisions of Section 409A of the Code, so as to prevent inclusion in gross income of any amounts payable or benefits provided hereunder in a taxable year that is prior to the taxable year or years in which such amounts or benefits would otherwise actually be distributed, provided or otherwise made available to the Executive. This Agreement shall be construed, administered, and governed in a manner consistent with this intentintent and the following provisions of this Section shall control over any contrary provisions of this Agreement.

Appears in 3 contracts

Samples: Employment Agreement (Oceanfirst Financial Corp), Employment Agreement (Oceanfirst Financial Corp), Employment Agreement (Oceanfirst Financial Corp)

Application of Section 409A of the Code. (a) To the extent applicable, it is intended that this Agreement comply with the provisions of Section 409A of the Code, so as to prevent inclusion in gross income of any amounts payable or benefits provided hereunder in a taxable year that is prior to the taxable year or years in which such amounts or benefits would otherwise actually be distributed, provided or otherwise made available to the Executive. This Agreement shall be construed, administered, and governed in a manner consistent with this intentintent and the following provisions of this Section shall control over any contrary provisions of this Agreement.

Appears in 3 contracts

Samples: Employment Agreement (Oceanfirst Financial Corp), Employment Agreement (Oceanfirst Financial Corp), Employment Agreement (Oceanfirst Financial Corp)

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Application of Section 409A of the Code. (a) A. To the extent applicable, it is intended that this Agreement comply with the provisions of Section 409A of the Code, so as to prevent inclusion in gross income of any amounts payable or benefits provided hereunder in a taxable year that is prior to the taxable year or years in which such amounts or benefits would otherwise actually be distributed, provided or otherwise made available to the ExecutiveYou. This Agreement shall be construed, administered, and governed in a manner consistent with this intentintent and the following provisions of this Section shall control over any contrary provisions of this Agreement.

Appears in 1 contract

Samples: Employment Agreement (Optio Software Inc)

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