Code Section 409A Savings Clause Sample Clauses
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Code Section 409A Savings Clause. Notwithstanding any other provision in the Agreement, Good Times shall administer this Agreement, and exercise all authority and discretion under this Agreement, to satisfy the requirement of Code Section 409A or any exemption thereto.
Code Section 409A Savings Clause. It is the intention of the Company that amounts paid under this Agreement shall not constitute “deferred compensation” subject to Section 409A of the Code, unless and to the extent that the Company specifically determines otherwise. In the event the Company determines that this Agreement or any section hereof is subject to Code Section 409A, the Company may amend this Agreement in a manner that complies with Code Section 409A as determined in the Company’s sole discretion.
Code Section 409A Savings Clause. Notwithstanding any other provision in this Agreement, to the extent any amounts payable under this Agreement (a) are subject to Code Section 409(A), and (b) the time or form of payment of those amounts would not be in compliance with Code Section 409A, then, to the extent possible, payment of those amounts will be made at such time and in such a manner that payment will be in compliance with Code Section 409A. If the time or form of payment cannot be modified in such a way as to be in compliance with Code Section 409A, then the payment will be as otherwise provided in this Plan, disregarding the provisions of this Section.