Common use of Code Section 409A Compliance Clause in Contracts

Code Section 409A Compliance. (a) This Agreement is intended to comply with the provisions of Section 409A of the Code, and, to the extent practicable, this Agreement shall be interpreted and administered in a manner so that any amount or benefit payable hereunder shall be paid or provided in a manner that is either exempt from or compliant with the requirements Section 409A of the Code and applicable Internal Revenue Service guidance and Treasury Regulations issued thereunder. Terms used in this Agreement shall have the meanings given such terms under Section 409A of the Code if, and to the extent required, in order to comply with Section 409A of the Code.

Appears in 10 contracts

Samples: Executive Employment Agreement (Qualigen Therapeutics, Inc.), Executive Employment Agreement (SolarMax Technology, Inc.), Executive Employment Agreement (SolarMax Technology, Inc.)

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Code Section 409A Compliance. (a) 15.1 This Agreement is intended to comply with the provisions of Section 409A of the Codewith, andor otherwise be exempt from, to the extent practicable, this Agreement shall be interpreted and administered in a manner so that any amount or benefit payable hereunder shall be paid or provided in a manner that is either exempt from or compliant with the requirements Section 409A of the Code and applicable Internal Revenue Service guidance any regulations and Treasury Regulations issued guidance promulgated thereunder. Terms used in this Agreement shall have the meanings given such terms under Section 409A of the Code if, and to the extent required, in order to comply with Section 409A of the Code.

Appears in 9 contracts

Samples: Executive Employment Agreement (P F Changs China Bistro Inc), Executive Employment Agreement (P F Changs China Bistro Inc), Executive Employment Agreement (P F Changs China Bistro Inc)

Code Section 409A Compliance. (a) This Agreement To the extent applicable, it is intended to that this Agreement comply with the provisions of Section 409A of the Code, and, to the extent practicable, this . This Agreement shall will be interpreted and administered in a manner so that any amount or benefit payable hereunder shall be paid or provided in a manner that is either exempt from or compliant consistent with the requirements this intent. References to Section 409A of the Code and applicable will include any proposed, temporary or final regulation, or any other formal guidance, promulgated with respect to such section by the U.S. Department of Treasury or the Internal Revenue Service guidance and Treasury Regulations issued thereunderService. Terms used in Each payment to be made to the Executive under the provisions of this Agreement shall have the meanings given such terms under Section 409A will be considered to be a separate payment and not one of the Code if, and to the extent required, in order to comply with a series of payments for purposes of Section 409A of the Code.

Appears in 7 contracts

Samples: Executive Employment Agreement (MPS Group Inc), Executive Employment Agreement (MPS Group Inc), Employment Agreement (Diebold Inc)

Code Section 409A Compliance. (a) This To the extent that a payment or benefit under this Agreement is subject to Code Section 409A, it is intended that this Agreement as applied to that payment or benefit comply with the provisions requirements of Code Section 409A of 409A, and the Code, and, to the extent practicable, this Agreement shall be administered and interpreted and administered in a manner so that any amount or benefit payable hereunder shall be paid or provided in a manner that is either exempt from or compliant consistent with the requirements Section 409A of the Code and applicable Internal Revenue Service guidance and Treasury Regulations issued thereunder. Terms used in this Agreement shall have the meanings given such terms under Section 409A of the Code if, and to the extent required, in order to comply with Section 409A of the Codeintent.

Appears in 6 contracts

Samples: Executive Agreement (Pier 1 Imports Inc/De), Executive Severance Agreement (Pier 1 Imports Inc/De), Executive Severance Agreement (Pier 1 Imports Inc/De)

Code Section 409A Compliance. (a) This Agreement is intended to comply with the provisions requirements of Code Section 409A of and the CodeTreasury Regulations and other guidance issued thereunder, and, as in effect from time to time. To the extent practicablea provision of this Agreement is contrary to or fails to address the requirements of Code Section 409A and related Treasury Regulations, this Agreement shall be interpreted construed and administered in a manner so that any amount or benefit payable hereunder shall be paid or provided in a manner that is either exempt from or compliant as necessary to comply with the such requirements Section 409A of the Code and applicable Internal Revenue Service guidance and Treasury Regulations issued thereunder. Terms used in this Agreement shall have the meanings given such terms under Section 409A of the Code if, and to the extent required, in order allowed under applicable Treasury Regulations until this Agreement is appropriately amended to comply with Section 409A of the Codesuch requirements.

Appears in 4 contracts

Samples: Employment Agreement (Sparton Corp), Employment Agreement (Sparton Corp), Employment Agreement (Sparton Corp)

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Code Section 409A Compliance. (a) This Agreement To the extent applicable, it is intended to that this Agreement comply with the provisions of Section 409A of the Code, and, to the extent practicable, this . This Agreement shall will be interpreted and administered in a manner so that any amount or benefit payable hereunder shall be paid or provided in a manner that is either exempt from or compliant consistent with the requirements this intent. References to Section 409A of the Code and applicable will include any proposed, temporary or final regulation, or any other formal guidance, promulgated with respect to such section by the U.S. Department of Treasury or the Internal Revenue Service guidance and Treasury Regulations issued thereunder. Terms used in this Agreement shall have the meanings given such terms under Section 409A of the Code if, and to the extent required, in order to comply with Section 409A of the CodeService.

Appears in 2 contracts

Samples: Employment Agreement (Diebold Inc), Employment Agreement (Diebold Inc)

Code Section 409A Compliance. (a) This Notwithstanding anything herein to the contrary, this Agreement is intended to be interpreted and operated to the fullest extent possible so that the payments under this Agreement either shall be exempt from the requirements of Code Section 409A or shall comply with the provisions requirements of Section 409A of the Code, and, to the extent practicable, this Agreement shall be interpreted and administered in a manner so that any amount or benefit payable hereunder shall be paid or provided in a manner that is either exempt from or compliant with the requirements Section 409A of the Code and applicable Internal Revenue Service guidance and Treasury Regulations issued thereunder. Terms used in this Agreement shall have the meanings given such terms under Section 409A of the Code if, and to the extent required, in order to comply with Section 409A of the Codeprovision.

Appears in 1 contract

Samples: Supplemental Retirement Agreement (Seneca Foods Corp)

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