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

Compliance with Section 409A of the Code. To the extent applicable, it is intended that this Agreement and the Plan comply with the provisions of Section 409A of the Code, so that the income inclusion provisions of Section 409A(a)(1) of the Code do not apply to Grantee. This Agreement and the Plan shall be administered in a manner consistent with this intent. Reference to Section 409A of the Code is to Section 409A of the Internal Revenue Code of 1986, as amended, and will also include any proposed, temporary or final regulations, or any other guidance promulgated with respect to such Section by the U.S. Department of the Treasury or the Internal Revenue Service.

Appears in 35 contracts

Samples: Employment Agreement (Howard Hughes Corp), Employment Agreement (Howard Hughes Corp), Restricted Stock Agreement (Molycorp, Inc.)

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Compliance with Section 409A of the Code. To the extent applicable, it is intended that this Agreement and the Plan comply with the provisions of Section 409A of the Code, so that the income inclusion provisions of Section 409A(a)(1) of the Code do not apply to Grantee. This Agreement and the Plan shall be administered in a manner consistent with this intent. Reference to Section 409A of the Code is to Section 409A of the Internal Revenue Code of 1986, as amended, and will also include any proposed, temporary or final regulations, regulations or any other formal guidance promulgated with respect to such Section by the U.S. Department of the Treasury or the Internal Revenue Service.

Appears in 13 contracts

Samples: Based Restricted Stock Units Agreement (Timken Co), Restricted Stock Unit Agreement (Timken Co), Based Restricted Stock Unit Agreement (Timken Co)

Compliance with Section 409A of the Code. To the extent applicable, it is intended that this Agreement and the Plan comply with the provisions of Section 409A of the Code, so that the income inclusion provisions of Section 409A(a)(1) of the Code do not apply to the Grantee. This Agreement and the Plan shall be administered in a manner consistent with this intent. Reference to Section 409A of the Code is to Section 409A of the Internal Revenue Code of 1986, as amended, and will also include any proposed, temporary or final regulations, regulations or any other formal guidance promulgated with respect to such Section by the U.S. Department of the Treasury or the Internal Revenue Service.

Appears in 10 contracts

Samples: Restricted Stock Units Agreement (Molycorp, Inc.), Performance Shares Agreement (Forest City Enterprises Inc), Corporation Performance Based Restricted Stock Units Agreement (Usg Corp)

Compliance with Section 409A of the Code. To the extent applicable, it is intended that this Agreement and the Plan comply with the provisions of Section 409A of the Code, so that the income inclusion provisions of Section 409A(a)(1) of the Code do not apply to the Grantee. This Agreement and the Plan shall be administered in a manner consistent with this intent. Reference to Section 409A of the Code is to Section 409A of the Internal Revenue Code of 1986, as amended, and will also include any proposed, temporary or final regulations, or any other guidance promulgated with respect to such Section by the U.S. Department of the Treasury or the Internal Revenue Service.

Appears in 9 contracts

Samples: Restricted Stock Units Agreement (MATERION Corp), Restricted Stock Agreement (Howard Hughes Corp), Performance Shares Agreement (Dana Holding Corp)

Compliance with Section 409A of the Code. To the extent applicable, it is intended that this Agreement and the Plan comply with the provisions of Section 409A of the Code, so that the income inclusion provisions of Section 409A(a)(1) of the Code do not apply to Granteethe Participant. This Agreement and the Plan shall be administered interpreted in a manner consistent with this intent. Reference to Section 409A of the Code is to Section 409A of the Internal Revenue Code of 1986, as amended, and will also include any proposed, temporary or final regulations, or any other guidance promulgated with respect to such Section by the U.S. Department of the Treasury or the Internal Revenue Service.

Appears in 8 contracts

Samples: Restricted Stock Units Agreement (Om Group Inc), Restricted Stock Unit Agreement (Om Group Inc), Performance Based Restricted Stock Agreement (Om Group Inc)

Compliance with Section 409A of the Code. To the extent applicable, it is intended that this Agreement and the Plan be exempt from, or comply with with, the provisions of Section 409A of the Code, so that the income inclusion provisions of Section 409A(a)(1) of the Code do not apply to the Grantee. This Agreement and the Plan shall be administered in a manner consistent with this intent. Reference to Section 409A of the Code is to Section 409A of the Internal Revenue Code of 1986, as amended, and will also include any proposed, temporary or final regulations, regulations or any other formal guidance promulgated with respect to such Section by the U.S. Department of the Treasury or the Internal Revenue Service.

Appears in 4 contracts

Samples: Forest City Realty (Forest City Enterprises Inc), Forest City Realty (Forest City Realty Trust, Inc.), Performance Shares Agreement (Forest City Enterprises Inc)

Compliance with Section 409A of the Code. To the extent applicable, it is intended that this Agreement and the Plan comply with the provisions of Section 409A of the Code, so that the income inclusion provisions of Section 409A(a)(1) of the Code do not apply to Grantee. This Agreement and the Plan shall be administered in a manner consistent with this intent. Reference to Section 409A of the Code is to Section 409A of the Internal Revenue Code of 1986, as amended, and will also include any proposed, temporary or final regulations, regulations or any other formal guidance promulgated with respect to such Section by the U.S. Department of the Treasury or the Internal Revenue Service.

Appears in 2 contracts

Samples: Time Based Restricted Stock Unit Agreement (TimkenSteel Corp), Time Based Restricted Stock Unit Agreement (TimkenSteel Corp)

Compliance with Section 409A of the Code. To the extent applicable, it It is intended that this Agreement and the Plan comply with or be exempt from the provisions of Section 409A of the Code, so that the income inclusion provisions of Section 409A(a)(1) of the Code do not apply to Granteethe Optionee. This Agreement and the Plan shall be administered in a manner consistent with this intent. Reference to Section 409A of the Code is to Section 409A of the Internal Revenue Code of 1986, as amended, and will also include any proposed, temporary regulations or final regulations, or any other formal guidance promulgated with respect to such Section by the U.S. Department of the Treasury or the Internal Revenue Service.

Appears in 2 contracts

Samples: Nonqualified Stock Option Agreement for Employees (Conagra Foods Inc /De/), Nonqualified Stock Option Agreement for Employees (Conagra Foods Inc /De/)

Compliance with Section 409A of the Code. To the extent applicable, it is intended that this Agreement and the Plan comply with with, or be exempt from, the provisions of Section 409A of the Code, so that the income inclusion provisions of Section 409A(a)(1) of the Code do not apply to the Grantee. This Agreement and the Plan shall be administered in a manner consistent with this intent. Reference to Section 409A of the Code is to Section 409A of the Internal Revenue Code of 1986, as amended, and will also include any proposed, temporary or final regulations, regulations or any other formal guidance promulgated with respect to such Section by the U.S. Department of the Treasury or the Internal Revenue Service. 20.

Appears in 2 contracts

Samples: Restricted Stock Unit Agreement (Amerant Bancorp Inc.), Restricted Stock Unit Agreement (Amerant Bancorp Inc.)

Compliance with Section 409A of the Code. To the extent applicable, it is intended that this Agreement and the Plan comply with with, or be exempt from, the provisions of Section 409A of the Code, so that the income inclusion provisions of Section 409A(a)(1) of the Code do not apply to the Grantee. This Agreement and the Plan shall be administered in a manner consistent with this intent. Reference to Section 409A of the Code is to Section 409A of the Internal Revenue Code of 1986, as amended, and will also include any proposed, temporary or final regulations, regulations or any other formal guidance promulgated with respect to such Section by the U.S. Department of the Treasury or the Internal Revenue Service. 21.

Appears in 2 contracts

Samples: Restricted Stock Unit Agreement (Amerant Bancorp Inc.), Performance Based Restricted Stock Unit Agreement (Amerant Bancorp Inc.)

Compliance with Section 409A of the Code. To the extent applicable, it is intended that this Agreement and the Plan comply with with, or be exempt from, the provisions of Section 409A of the Code, so that the income inclusion provisions of Section 409A(a)(1) of the Code do not apply to the Grantee. This Agreement and the Plan shall be administered in a manner consistent with this intent. Reference to Section 409A of the Code is to Section 409A of the Internal Revenue Code of 1986, as amended, and will also include any proposed, temporary or final regulations, regulations or any other formal guidance promulgated with respect to such Section by the U.S. Department of the Treasury or the Internal Revenue Service.

Appears in 2 contracts

Samples: Restricted Stock Unit Agreement (Mercantil Bank Holding Corp), Restricted Stock Unit Agreement (Mercantil Bank Holding Corp)

Compliance with Section 409A of the Code. To the extent applicable, it is intended that this Agreement and the Plan comply with the provisions of Section 409A of the Code, so that the income inclusion provisions of Section 409A(a)(1) of the Code do not apply to Granteethe Participant. This Agreement and the Plan shall be administered in a manner consistent with this intent. Reference to Section 409A of the Code is to Section 409A of the Internal Revenue Code of 1986, as amended, and will also include any proposed, temporary or final regulations, regulations or any other formal guidance promulgated with respect to such Section by the U.S. Department of the Treasury or the Internal Revenue Service.

Appears in 2 contracts

Samples: Non Qualified Stock Option Agreement (Om Group Inc), Non Qualified Stock Option Agreement (Om Group Inc)

Compliance with Section 409A of the Code. To the extent applicable, it is intended that this Agreement and the Plan comply with the provisions of Section 409A of the Code, so that the income inclusion provisions of Section 409A(a)(1) of the Code do not apply to Grantee. This Agreement and the Plan shall be administered in a manner consistent with this intent. Reference to Section 409A of the Code is to Section 409A of the Internal Revenue Code of 1986, as amended, and will also include any proposed, temporary or final regulations, or any other guidance guidance, promulgated with respect to such Section by the U.S. Department of the Treasury or the Internal Revenue Service.

Appears in 2 contracts

Samples: Restricted Stock Grant Agreement (Sherwin Williams Co), Sherwin Williams Co

Compliance with Section 409A of the Code. To the extent applicable, it is intended that this Agreement and the Plan comply with with, or be exempt from, the provisions of Section 409A of the Code, so that the income inclusion provisions of Section 409A(a)(1) of the Code do not apply to Granteethe Participant. This Agreement and the Plan shall be administered in a manner consistent with this intent. Reference to Section 409A of the Code is to Section 409A of the Internal Revenue Code of 1986, as amended, and will also include any proposed, temporary or final regulations, regulations or any other formal guidance promulgated with respect to such Section by the U.S. Department of the Treasury or the Internal Revenue Service.

Appears in 2 contracts

Samples: Restricted Stock Unit Agreement (Cibus Global, Ltd.), Restricted Stock Unit Agreement for Non Employee Directors (Cibus Global, Ltd.)

Compliance with Section 409A of the Code. To the extent applicable, it is intended that this Agreement and the Plan comply with the provisions of Section 409A of the Code, so that the income inclusion provisions of Section 409A(a)(1) of the Code do not apply to Grantee. This Agreement and the Plan shall will be administered in a manner consistent with this intent. Reference to Section 409A of the Code is to Section 409A of the Internal Revenue Code of 1986, as amended, and will also include any proposed, temporary or final regulations, regulations or any other formal guidance promulgated with respect to such Section by the U.S. Department of the Treasury or the Internal Revenue Service.

Appears in 1 contract

Samples: Time Based Restricted Share Unit Agreement (TimkenSteel Corp)

Compliance with Section 409A of the Code. To the extent applicable, it is intended that this Agreement and the Plan comply with the provisions of Section 409A of the Code, so that the income inclusion provisions of Section 409A(a)(1) of the Code do not apply to Grantee. This Agreement and the Plan shall be administered in a manner consistent with this intent. Reference to Section 409A of the Code is to Section 409A of the Internal Revenue Code of 1986, as amended, and will also include any proposed, temporary or final regulations, regulations or any other formal guidance promulgated with respect to such Section by the U.S. Department of the Treasury or the Internal Revenue Service.. [Signature Page Follows]

Appears in 1 contract

Samples: Leveraged Performance Shares Agreement (Viasystems Group Inc)

Compliance with Section 409A of the Code. To the extent applicable, it is intended that the options granted under this Agreement and the Plan comply with be “stock rights” exempt from the provisions of Section 409A of the Code, so that the income inclusion provisions of Section 409A(a)(1) of the Code do not apply to Granteethe Optionee. This Agreement and the Plan shall be administered in a manner consistent with this intent. Reference to Section 409A of the Code is to Section 409A of the Internal Revenue Code of 1986, as amended, and will also include any proposed, temporary or final regulations, regulations or any other formal guidance promulgated with respect to such Section by the U.S. Department of the Treasury or the Internal Revenue Service.

Appears in 1 contract

Samples: Nonqualified Stock Option Agreement (Dana Holding Corp)

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Compliance with Section 409A of the Code. To the extent applicable, it is intended that the Restricted Stock granted under this Agreement and the Plan comply with be exempt from the provisions of Section 409A of the Code, so that the income inclusion provisions of Section 409A(a)(1) of the Code do not apply to the Grantee. This Agreement and the Plan shall be administered in a manner consistent with this intent. Reference to Section 409A of the Code is to Section 409A of the Internal Revenue Code of 1986, as amended, and will also include any proposed, temporary or final regulations, or any other guidance promulgated with respect to such Section by the U.S. Department of the Treasury or the Internal Revenue Service.

Appears in 1 contract

Samples: Restricted Stock Agreement (Dana Holding Corp)

Compliance with Section 409A of the Code. To the extent applicable, it is intended that this Agreement and the Plan comply with the provisions of Section 409A of the Code, so that the income inclusion provisions of Section 409A(a)(1) of the Code do not apply to the Grantee. This Agreement and the Plan shall be administered in a manner consistent with this intent. Reference to Section 409A of the Code is to Section 409A of the Internal Revenue Code of 1986, as amended, and will also include any proposed, temporary or final regulations, or any other guidance formal guidance, promulgated with respect to such Section by the U.S. Department of the Treasury or the Internal Revenue Service.

Appears in 1 contract

Samples: Stock Units Agreement (Dayton Power & Light Co)

Compliance with Section 409A of the Code. To the extent applicable, it is intended that this Agreement and the Plan comply with the provisions of Section 409A of the Code, so that the income inclusion provisions of Section 409A(a)(1) of the Code do not apply to GranteeOptionee. This Agreement and the Plan shall be administered in a manner consistent with this intent. Reference to Section 409A of the Code is to Section 409A of the Internal Revenue Code of 1986, as amended, and will also include any proposed, temporary or final regulations, regulations or any other formal guidance promulgated with respect to such Section by the U.S. Department of the Treasury or the Internal Revenue Service.

Appears in 1 contract

Samples: Nonqualified Stock Option Agreement (Molycorp, Inc.)

Compliance with Section 409A of the Code. To the extent applicable, it is intended that the options granted under this Agreement and the Plan comply with be ”stock rights” exempt from the provisions of Section 409A of the Code, so that the income inclusion provisions of Section 409A(a)(1) of the Code do not apply to Granteethe Optionee. This Agreement and the Plan shall be administered in a manner consistent with this intent. Reference to Section 409A of the Code is to Section 409A of the Internal Revenue Code of 1986, as amended, and will also include any proposed, temporary or final regulations, regulations or any other formal guidance promulgated with respect to such Section by the U.S. Department of the Treasury or the Internal Revenue Service.

Appears in 1 contract

Samples: Nonqualified Stock Option Agreement (Dana Holding Corp)

Compliance with Section 409A of the Code. To the extent applicable, it is intended that this Agreement and the Plan comply with the provisions of Section 409A of the Code, so that the income inclusion provisions of Section 409A(a)(1) of the Code do not apply to the Grantee. This Agreement and the Plan shall be administered in a manner consistent with this intent. Reference to Section 409A of the Code is to Section 409A of the Internal Revenue Code of 1986, as amended, and will also include any proposed, temporary or final regulations, or any other guidance promulgated with respect to such Section by the U.S. Department of the Treasury or the Internal Revenue Service.. Form Performance Unit Agreement (2010)

Appears in 1 contract

Samples: Performance Unit Agreement (Timken Co)

Compliance with Section 409A of the Code. (a) To the extent applicable, it is intended that this Agreement Plan and the Plan any grants made hereunder comply with the provisions of Section 409A of the Code, so that the income inclusion provisions of Section 409A(a)(1) of the Code do not apply to Granteethe Participants. This Agreement Plan and the Plan shall any grants made hereunder will be administered in a manner consistent with this intent. Reference Any reference in this Plan to Section 409A of the Code is to Section 409A of the Internal Revenue Code of 1986, as amended, and will also include any proposed, temporary or final regulations, regulations or any other formal guidance promulgated with respect to such Section section by the U.S. Department of the Treasury or the Internal Revenue Service.

Appears in 1 contract

Samples: Joinder Agreement (Sentinel Energy Services Inc.)

Compliance with Section 409A of the Code. To the extent applicable, it is intended that this Agreement and the Plan comply with the provisions of Section 409A of the Code, so that the income inclusion provisions of Section 409A(a)(1) of the Code do not apply to the Grantee. This Agreement and the Plan shall be administered in a manner consistent with this intent. Reference References to Section 409A of the Code is to Section 409A of the Internal Revenue Code of 1986, as amended, and will also include any proposed, temporary or final regulations, regulations or any other formal guidance promulgated with respect to such Section by the U.S. Department of the Treasury or the Internal Revenue Service.

Appears in 1 contract

Samples: Restricted Shares Agreement (DPL Inc)

Compliance with Section 409A of the Code. To the extent applicable, it is intended that this Agreement and the Plan comply with the provisions of Section 409A of the Code, so that the income inclusion provisions of Section 409A(a)(1) of the Code do not apply to Granteeyou. This Agreement and the Plan shall will be administered in a manner consistent with this intent. Reference to Section 409A of the Code is to Section 409A of the Internal Revenue Code of 1986, as amended, and will also include any proposed, temporary or final regulations, regulations or any other formal guidance promulgated with respect to such Section by the U.S. Department of the Treasury or the Internal Revenue Service.

Appears in 1 contract

Samples: Restricted Stock Unit Award Agreement (Dana Holding Corp)

Compliance with Section 409A of the Code. To the extent applicable, it is intended that the options granted under this Agreement and the Plan comply with be “stock rights” exempt from the provisions of Section 409A of the Code, so that the income inclusion provisions of Section 409A(a)(1) of the Code do not apply to Granteeyou. This Agreement and the Plan shall will be administered in a manner consistent with this intent. Reference to Section 409A of the Code is to Section 409A of the Internal Revenue Code of 1986, as amended, and will also include any proposed, temporary or final regulations, regulations or any other formal guidance promulgated with respect to such Section by the U.S. Department of the Treasury or the Internal Revenue Service.

Appears in 1 contract

Samples: Nonqualified Stock Option Agreement (Dana Holding Corp)

Compliance with Section 409A of the Code. To the extent applicable, it is intended that this Agreement and the Plan comply with the provisions of Section 409A of the Code, so that the income inclusion provisions of Section 409A(a)(1) of the Code do not apply to Granteeyou. This Agreement and the Plan shall will be administered in a manner consistent with this intent. Reference to Section 409A of the Code is to Section 409A of the Internal Revenue Code of 1986, as amended, and will also include any proposed, temporary or final regulations, or any other guidance promulgated with respect to such Section by the U.S. Department of the Treasury or the Internal Revenue Service.

Appears in 1 contract

Samples: Performance Share Award Agreement (Dana Holding Corp)

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