Common use of Code Sections 409A and 280G Clause in Contracts

Code Sections 409A and 280G. To the extent applicable, this Agreement shall be interpreted in accordance with Sections 409A and 280G of the Code and Department of Treasury regulations and other interpretive guidance issued thereunder, including without limitation any such regulations or other guidance that may be issued after the effective date of this Agreement to minimize any impact but in all events consistent with Applicable Law. If Section 409A or 280G is reasonably deemed applicable, the Partnership and the Participant shall cooperate with any plan to reduce the impact of any such application, if reasonably possible without further economic harm to the Participant or the Partnership and in compliance with Applicable Law.

Appears in 2 contracts

Sources: Ao Ltip Unit Award Agreement (Silver Star Properties Reit, Inc), Ao Ltip Unit Award Agreement (Silver Star Properties Reit, Inc)