Common use of Code Section 409A Compliance Clause in Contracts

Code Section 409A Compliance. a) The intent of the parties is that payments and benefits under this Agreement comply with Code Section 409A and, accordingly, to the maximum extent permitted, this Agreement shall be interpreted to be in compliance therewith. To the extent that any provision hereof is modified in order to comply with Code Section 409A, such modification shall be made in good faith and shall, to the maximum extent reasonably possible, maintain the original intent and economic benefit to the parties hereto of the applicable provision without violating the provisions of Code Section 409A. In no event whatsoever shall the Company be liable for any additional tax, interest or penalty that may be imposed on the Executive by Code Section 409A or damages for failing to comply with Code Section 409A.

Appears in 11 contracts

Samples: Competition Agreement (Commercial Vehicle Group, Inc.), Competition Agreement (Commercial Vehicle Group, Inc.), Non Competition Agreement (Commercial Vehicle Group, Inc.)

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Code Section 409A Compliance. β€œ(a) The intent of the parties is that payments and benefits under this Agreement comply with Code Section 409A and, accordingly, to the maximum extent permitted, this Agreement shall be interpreted to be in compliance therewith. To the extent that any provision hereof is modified in order to comply with Code Section 409A, such modification shall be made in good faith and shall, to the maximum extent reasonably possible, maintain the original intent and economic benefit to the parties hereto of the applicable provision without violating the provisions of Code Section 409A. In no event whatsoever shall the Company be liable for any additional tax, interest or penalty that may be imposed on the Executive by Code Section 409A or damages for failing to comply with Code Section 409A.

Appears in 6 contracts

Samples: Competition Agreement (Commercial Vehicle Group, Inc.), Competition Agreement (Commercial Vehicle Group, Inc.), William Gordon (Commercial Vehicle Group, Inc.)

Code Section 409A Compliance. (a) The intent of the parties is that payments and benefits under this Agreement comply with Code Section 409A 409A, and, accordingly, to the maximum extent permitted, this Agreement shall be interpreted to be in compliance therewith. To the extent that any provision hereof is modified in order to comply with Code Section 409A, such modification shall be made in good faith and shall, to the maximum extent reasonably possible, maintain the original intent and economic benefit to the parties hereto Executive and the Company of the applicable provision without violating the provisions of Code Section 409A. In no event whatsoever shall the Company be liable for any additional tax, interest or penalty that may be imposed on the Executive by Code Section 409A or damages for failing to comply with Code Section 409A.

Appears in 4 contracts

Samples: Executive Employment Agreement (Epiq Systems Inc), Executive Employment Agreement (Epiq Systems Inc), Executive Employment Agreement (Epiq Systems Inc)

Code Section 409A Compliance. a) x. The intent of the parties is that payments and benefits under this Agreement comply with Code Section 409A and, accordingly, to the maximum extent permitted, this Agreement shall be interpreted to be in compliance therewith. To the extent that any provision hereof is modified in order to comply with Code Section 409A, such modification shall be made in good faith and shall, to the maximum extent reasonably possible, maintain the original intent and economic benefit to the parties hereto of the applicable provision without violating the provisions of Code Section 409A. In no event whatsoever shall the Company be liable for any additional tax, interest or penalty that may be imposed on the Executive by Code Section 409A or damages for failing to comply with Code Section 409A.

Appears in 2 contracts

Samples: Non Competition Agreement (Commercial Vehicle Group, Inc.), Non Competition Agreement (Commercial Vehicle Group, Inc.)

Code Section 409A Compliance. a) The intent of the parties is that payments and benefits under this Agreement comply with Code Section 409A and the regulations and guidance promulgated thereunder and, accordingly, to the maximum extent permitted, this Agreement shall be interpreted to be in compliance therewith. To the extent that The Company makes no representation or warranty and will have no liability to Executive or any other person with respect to whether any provision hereof is modified in order of this Agreement fails to comply with Code Section 409A, such modification shall be made in good faith and shall, 409A or fails to the maximum extent reasonably possible, maintain the original intent and economic benefit to the parties hereto of the applicable provision without violating the provisions of satisfy an intended exemption from Code Section 409A. In no event whatsoever shall the Company be liable for any additional tax, interest or penalty that may be imposed on the Executive by Code Section 409A or damages for failing to comply with Code Section 409A.409A

Appears in 1 contract

Samples: Employment Agreement (Kubota Pharmaceutical Holdings Co LTD)

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Code Section 409A Compliance. (a) The intent of the parties is that payments and benefits under this Agreement comply with Code Section 409A and, accordingly, to the maximum extent permitted, this Agreement shall be interpreted to be in compliance therewith. To the extent that any provision hereof is modified in order to comply with Code Section 409A, such modification shall be made in good faith and shall, to the maximum extent reasonably possible, maintain the original intent and economic benefit to the parties hereto of the applicable provision without violating the provisions of Code Section 409A. In no event whatsoever shall the Company be liable for any additional tax, interest or penalty that may be imposed on the Executive by Code Section 409A or damages for failing to comply with Code Section 409A.

Appears in 1 contract

Samples: Non Competition Agreement (Commercial Vehicle Group, Inc.)

Code Section 409A Compliance. a) The intent of the parties is that payments and benefits under this Agreement comply with Code Section 409A and the regulations and guidance promulgated thereunder and, accordingly, to the maximum extent permittedpermitted , this Agreement shall be interpreted to be in compliance therewith. To the extent that The Company makes no representation or warranty and will have no liability to Executive or any other person with respect to whether any provision hereof is modified in order of this Agreement fails to comply with Code Section 409A, such modification shall be made in good faith and shall, 409A or fails to the maximum extent reasonably possible, maintain the original intent and economic benefit to the parties hereto of the applicable provision without violating the provisions of satisfy an intended exemption from Code Section 409A. In no event whatsoever shall the Company be liable for any additional tax, interest or penalty that may be imposed on the Executive by Code Section 409A or damages for failing to comply with Code Section 409A.

Appears in 1 contract

Samples: Employment Agreement (Kubota Pharmaceutical Holdings Co LTD)

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