Code Section 409A Exempt. (i) This Agreement is not intended to provide for any deferral of compensation subject to Section 409A of the Code, and, accordingly, the severance payment payable under Section 4 shall be paid no later than the later of: (A) the fifteenth (15th) day of the third month following Executive’s first taxable year in which such severance benefit is no longer subject to a substantial risk of forfeiture, and (B) the fifteenth (15th) day of the third month following the first taxable year of the Company in which such severance benefit is no longer subject to a substantial risk of forfeiture, as determined in accordance with Section 409A of the Code and any Treasury Regulations and other guidance issued thereunder. To the extent applicable, this Agreement shall be interpreted in accordance with Section 409A of the Code and Department of Treasury regulations and other interpretive guidance issued thereunder.
Appears in 6 contracts
Samples: Employment Agreement (Cadence Pharmaceuticals Inc), Employment Agreement (Cadence Pharmaceuticals Inc), Employment Agreement (Cadence Pharmaceuticals Inc)
Code Section 409A Exempt. (i) This Agreement is not intended to provide for any deferral of compensation subject to Section 409A of the Code, and, accordingly, the severance payment payments payable under Section 4 Sections 4(b) and 4(c) shall be paid no later than the later of: (A) the fifteenth (15th) day of the third month following Executive’s first taxable year in which such severance benefit is no longer subject to a substantial risk of forfeiture, and (B) the fifteenth (15th) day of the third month following the first taxable year of the Company in which such severance benefit is no longer subject to a substantial risk of forfeiture, as determined in accordance with Code Section 409A of the Code and any Treasury Regulations and other guidance issued thereunder. To the extent applicable, this Agreement shall be interpreted in accordance with Code Section 409A of the Code and Department of Treasury regulations and other interpretive guidance issued thereunder.
Appears in 4 contracts
Samples: Employment Agreement (Zogenix, Inc.), Employment Agreement (Zogenix, Inc.), Employment Agreement (Zogenix, Inc.)
Code Section 409A Exempt. (ia) This Agreement is not intended to provide for any deferral of compensation subject to Section 409A of the Code, and, accordingly, the severance payment payments payable under Section 4 7(d) shall be paid no later than the later of: (Ai) the fifteenth (15th) day of the third month following Executive’s first taxable year in which such severance benefit is no longer subject to a substantial risk of forfeiture, and (Bii) the fifteenth (15th) day of the third month following the first taxable year of the Company in which such severance benefit is no longer subject to a substantial risk of forfeiture, as determined in accordance with Code Section 409A of the Code and any Treasury Regulations and other guidance issued thereunder. To the extent applicable, this Agreement shall be interpreted in accordance with Code Section 409A of the Code and Department of Treasury regulations and other interpretive guidance issued thereunder.
Appears in 4 contracts
Samples: Change in Control Severance Agreement (Viasat Inc), Change in Control Severance Agreement (Tessera Technologies Inc), Change in Control Severance Agreement (Tessera Technologies Inc)
Code Section 409A Exempt. (ia) This Agreement is not intended to provide for any deferral of compensation subject to Section 409A of the Code, and, accordingly, the severance payment payments payable under Section 4 1(a)(ii) shall be paid no later than the later of: (Ai) the fifteenth (15th) day of the third month following ExecutiveEmployee’s first taxable year in which such severance benefit is no longer subject to a substantial risk of forfeiture, and (Bii) the fifteenth (15th) day of the third month following the first taxable year of the Company in which such severance benefit is no longer subject to a substantial risk of forfeiture, as determined in accordance with Code Section 409A of the Code and any Treasury Regulations and other guidance issued thereunder. To the extent applicable, this Agreement shall be interpreted in accordance with Code Section 409A of the Code and Department of Treasury regulations and other interpretive guidance issued thereunder.
Appears in 2 contracts
Samples: Severance Agreement (AeroVironment Inc), Severance Agreement (AeroVironment Inc)
Code Section 409A Exempt. (i) This Agreement is not intended to provide for any deferral of compensation subject to Section 409A of the Code, and, accordingly, the severance payment payments payable under Section 4 Sections 4(b) and 4(c) shall be paid no later than the later of: (A) the fifteenth (15th) day of the third month following Executive’s 's first taxable year in which such severance benefit is no longer subject to a substantial risk of forfeiture, and (B) the fifteenth (15th) day of the third month following the first taxable year of the Company in which such severance benefit is no longer subject to a substantial risk of forfeiture, as determined in accordance with Code Section 409A of the Code and any Treasury Regulations and other guidance issued thereunder. To the extent applicable, this Agreement shall be interpreted in accordance with Code Section 409A of the Code and Department of Treasury regulations and other interpretive guidance issued thereunder.
Appears in 1 contract
Samples: Employment Agreement (Zogenix Inc)
Code Section 409A Exempt. (i) This Agreement is not intended to provide for any deferral of compensation subject to Section 409A of the Code, and, accordingly, the severance payment payments payable under Section 4 3 shall be paid no later than the later of: (A) the fifteenth (15th) day of the third month following Executive’s first taxable year in which such severance benefit is no longer subject to a substantial risk of forfeiture, and (B) the fifteenth (15th) day of the third month following the first taxable year of the Company in which such severance benefit is no longer subject to a substantial risk of forfeiture, as determined in accordance with Code Section 409A of the Code and any Treasury Regulations and other guidance issued thereunder. To the extent applicable, this Agreement shall be interpreted in accordance with Code Section 409A of the Code and Department of Treasury regulations and other interpretive guidance issued thereunder.. A
Appears in 1 contract
Samples: Severance Agreement (Viasat Inc)