Common use of Compliance with Code Section 409A Clause in Contracts

Compliance with Code Section 409A. (i) The intent of the parties is that payments and benefits under this Agreement comply with or be exempt from Code Section 409A and, accordingly, to the maximum extent permitted, this Agreement shall be interpreted to be in compliance therewith. If any provision of this Agreement (or of any award of compensation, including equity compensation or benefits) would cause Executive to incur any additional tax or interest under Code Section 409A, the Company shall, after consulting with and receiving the approval of Executive, reform such provision in a manner intended to avoid the incurrence by Executive of any such additional tax or interest.

Appears in 36 contracts

Samples: Employment Agreement (Bumble Inc.), Restricted Stock Unit Agreement (Brixmor Operating Partnership LP), Employment Agreement (APX Group Holdings, Inc.)

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Compliance with Code Section 409A. (i) The intent of the parties is that payments and benefits under this Agreement comply with or be exempt from Code Section 409A and the regulations and guidance issued thereunder (“Section 409A”) and, accordingly, to the maximum extent permitted, this Agreement shall be interpreted to be in compliance therewith. If any provision of this Agreement (or of any award of compensation, including equity compensation or benefits) would cause Executive to incur any additional tax or interest under Code Section 409A, the Company shall, after consulting with and receiving the approval of Executive, reform such provision in a manner intended to avoid the incurrence by Executive of any such additional tax or interest.

Appears in 4 contracts

Samples: Employment Agreement (Expion360 Inc.), Employment Agreement (Expion360 Inc.), Employment Agreement (Expion360 Inc.)

Compliance with Code Section 409A. (i) The intent of the parties Parties is that payments and benefits under this Agreement comply with or be exempt from Code Section 409A and, accordingly, to the maximum extent permitted, this Agreement shall be interpreted to be in compliance therewith. If any provision of this Agreement (or of any award of compensation, including equity compensation or benefits) would cause Executive to incur any additional tax or interest under Code Section 409A, the Company shall, after consulting with and receiving the approval of Executive, reform such provision in a manner intended to avoid the incurrence by Executive of any such additional tax or interest.

Appears in 2 contracts

Samples: Employment Agreement (Brixmor Operating Partnership LP), Employment Agreement (Brixmor Operating Partnership LP)

Compliance with Code Section 409A. (i) The intent of the parties is that payments and benefits under this Agreement comply with or be exempt from Code Section 409A and, accordingly, to the maximum extent permitted, this Agreement shall be interpreted to be in compliance therewith. If any provision of this Agreement (or of any award of compensation, including equity compensation or benefits) would cause Executive to incur any additional tax or interest under Code Section 409A, the Company shall, after consulting with and receiving the approval of Executive, reform such provision in a manner intended to avoid the incurrence by Executive of any such additional tax or interestinterest while endeavoring to retain the intended economic benefits of this Agreement.

Appears in 2 contracts

Samples: Employment Agreement (Vivint Smart Home, Inc.), Employment Agreement (Vivint Smart Home, Inc.)

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Compliance with Code Section 409A. (ia) The intent of the parties is that payments and benefits under this Agreement comply with or be exempt from Code Section 409A and, accordingly, to the maximum extent permitted, this Agreement shall be interpreted to be in compliance therewith. If any provision of this Agreement (or of any award of compensation, including equity compensation or benefits) would cause Executive Employee to incur any additional tax or interest under Code Section 409A, the Company shall, after consulting with and receiving the approval of ExecutiveEmployee, reform such provision in a manner intended to avoid the incurrence by Executive Employee of any such additional tax or interest.

Appears in 1 contract

Samples: Severance Agreement (Federal Realty Investment Trust)

Compliance with Code Section 409A. (i) The intent of the parties is that payments and benefits under this Agreement comply with or be exempt from Code Section 409A and, accordingly, to the maximum extent permittedperm itted, this Agreement shall be interpreted to be in compliance therewith. If any provision of this Agreement (or of any award of compensation, including equity compensation or benefits) would cause Executive to incur any additional tax or interest under Code Section 409A, the Company shall, after consulting with and receiving the approval of Executive, reform such provision in a manner intended to avoid the incurrence by Executive of any such additional tax or interest.

Appears in 1 contract

Samples: Employment Agreement (Expion360 Inc.)

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