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

Compliance with Section 409A of the Internal Revenue Code. To the extent applicable, it is intended that this Agreement comply with the provisions of Section 409A of the Code (hereinafter referred to as “Section 409A”). This Agreement shall be administered in a manner consistent with its intent, and any provision that would cause the Agreement to fail to satisfy Section 409A shall have no force and effect until amended to comply with Section 409A. Notwithstanding any provision of this Agreement to the contrary, in the event any payment or benefit hereunder is determined to constitute non-qualified deferred compensation subject to Section 409A, then to the extent necessary to comply with Section 409A, such payment or benefits shall not be made, provided or commenced until six (6) months after the Executive’s “separation from service” as such phrase is defined for the purposes of Section 409A.

Appears in 15 contracts

Samples: Change of Control Agreement (Hologic Inc), Severance and Change of Control Agreement (Idera Pharmaceuticals, Inc.), Change of Control Agreement (Hologic Inc)

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Compliance with Section 409A of the Internal Revenue Code. To the extent applicable, it is intended that this Agreement comply with the provisions of Section 409A of the Internal Revenue Code (hereinafter referred to as “Section 409A”). This Agreement shall be administered in a manner consistent with its this intent, and any provision that would cause the Agreement to fail to satisfy Section 409A shall have no force and effect until amended to comply with Section 409A. Notwithstanding any provision of this Agreement to the contrary, in the event any payment or benefit hereunder is determined to constitute non-qualified nonqualified deferred compensation subject to Section 409A, then to the extent necessary to comply with Section 409A, such payment or benefits benefit shall not be made, provided or commenced until six (6) months after the Executive’s “separation from service” as such phrase is defined for the purposes of Section 409A.

Appears in 3 contracts

Samples: Employment Agreement (Comsys It Partners Inc), Employment Agreement (Comsys It Partners Inc), Employment Agreement (Comsys It Partners Inc)

Compliance with Section 409A of the Internal Revenue Code. To the extent applicable, it is intended that this Agreement comply with the provisions of Section 409A of the Internal Revenue Code (hereinafter referred to as “Section 409A”). This Agreement shall be administered in a manner consistent with its intent, and any provision that would cause the Agreement to fail to satisfy Section 409A shall have no force and effect until amended to comply with Section 409A. Notwithstanding any provision of this Agreement to the contrary, in the event any payment or benefit hereunder is determined to constitute non-qualified deferred compensation subject to Section 409A, then to the extent necessary to comply with Section 409A, such payment or benefits shall not be made, provided or commenced until six (6) months after the Executive’s “separation from service” as such phrase is defined for the purposes of Section 409A.

Appears in 2 contracts

Samples: Change of Control Agreement (Hologic Inc), Change of Control Agreement (Hologic Inc)

Compliance with Section 409A of the Internal Revenue Code. To the extent applicable, it is intended that this Agreement comply with the provisions of Section 409A of the Internal Revenue Code (hereinafter referred to as “Section 409A”). This Agreement shall be administered in a manner consistent with its this intent, and any provision that would cause the Agreement to fail to satisfy Section 409A shall have no force and effect until be amended to comply with Section 409A. Notwithstanding any provision of this Agreement to the contrary, in the event any payment or benefit hereunder is determined to constitute non-qualified nonqualified deferred compensation subject to Section 409A, then to the extent necessary to comply with Section 409A, such payment or benefits benefit shall not be made, provided or commenced until six (6) months after the Executive’s Mxxxx’x “separation from service” as such phrase is defined for the purposes of Section 409A.

Appears in 1 contract

Samples: Amended Employment Agreement (Keycorp /New/)

Compliance with Section 409A of the Internal Revenue Code. To the extent applicable, it is intended that this Agreement comply with the provisions of Section 409A of the Code (hereinafter referred to as “Section 409A”). This Agreement shall be administered in a manner consistent with its intent, and any provision that would cause the Agreement to fail to satisfy Section 409A shall have no force and effect until amended to comply with Section 409A. Notwithstanding any provision of this Agreement to the contrary, in the event any payment or benefit hereunder is determined to constitute non-qualified deferred compensation subject to Section 409A, then to the extent necessary to comply with Section 409A, such payment or benefits shall not be made, provided or commenced until six (6) months after the Executive’s “separation from service” as such phrase is defined for the purposes of Section 409A.409A. ​

Appears in 1 contract

Samples: Severance and Change of Control Agreement (Idera Pharmaceuticals, Inc.)

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Compliance with Section 409A of the Internal Revenue Code. To the extent applicable, it is intended that this Agreement comply with the provisions of Section 409A of the Internal Revenue Code (hereinafter referred to as “Section 409A”). This Agreement shall be administered in a manner consistent with its this intent, and any provision that would cause the Agreement to fail to satisfy Section 409A shall have no force and effect until amended to comply with Section 409A. Notwithstanding any provision of this Agreement to the contrary, in the event any payment or benefit hereunder is determined to constitute non-qualified nonqualified deferred compensation subject to Section 409A, then to the extent necessary to comply with Section 409A, such payment or benefits benefit shall not be made, provided or commenced until six (6) months after the Executive’s “separation from service” as such phrase is defined for the purposes of Section 409A.

Appears in 1 contract

Samples: Employment Agreement (Comsys It Partners Inc)

Compliance with Section 409A of the Internal Revenue Code. To the extent applicable, it is intended that this Agreement comply with the provisions of Section 409A of the Internal Revenue Code (hereinafter referred to as “Section 409A”). This Agreement shall be administered in a manner consistent with its this intent, and any provision that would cause the Agreement to fail to satisfy Section 409A shall have no force and effect until amended to comply with Section 409A. Notwithstanding any provision of this Agreement to the contrary, in the event any payment or benefit hereunder is determined to constitute non-qualified nonqualified deferred compensation subject to Section 409A, then to the extent necessary to comply with Section 409A, such payment or benefits benefit shall not be made, provided or commenced until six (6) months after the Executive’s Mxxxx’x “separation from service” as such phrase is defined for the purposes of Section 409A.

Appears in 1 contract

Samples: Amended Employment Agreement (Keycorp /New/)

Compliance with Section 409A of the Internal Revenue Code. To the extent applicable, it is intended that this Agreement comply with the provisions of Section 409A of the Code (hereinafter referred to as “Section 409A”). This Agreement shall be administered in a manner consistent with its intent, and any provision that would cause the Agreement to fail to satisfy Section 409A shall have no force and effect until amended to comply with Section 409A. Notwithstanding any provision of this Agreement to the contrary, in the event any payment or benefit hereunder is determined to constitute non-qualified deferred compensation subject to Section 409A, then to the extent necessary to comply with Section 409A, such payment or benefits shall not be made, provided -13- or commenced until six (6) months after the Executive’s “separation from service” as such phrase is defined for the purposes of Section 409A.

Appears in 1 contract

Samples: Change of Control Agreement (Hologic Inc)

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