Common use of In-Kind Benefits and Reimbursements Clause in Contracts

In-Kind Benefits and Reimbursements. Notwithstanding anything to the contrary in this Agreement, all (A) reimbursements and (B) in-kind benefits provided under this Agreement that are subject to Section 409A of the Code shall be made or provided in accordance with the requirements of Section 409A of the Code, including, where applicable, the requirement that (x) the amount of expenses eligible for reimbursement, or in kind benefits provided, during a calendar year may not affect the expenses eligible for reimbursement, or in kind benefits to be provided, in any other calendar year; (y) the reimbursement of an eligible expense will be made no later than the last day of the calendar year following the year in which the expense is incurred; and (z) the right to reimbursement or in kind benefits is not subject to liquidation or exchange for another benefit.

Appears in 7 contracts

Samples: Agreement (Capital Bank Financial Corp.), Agreement (Capital Bank Financial Corp.), Agreement (Capital Bank Financial Corp.)

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In-Kind Benefits and Reimbursements. Notwithstanding anything to the contrary in this Agreement, all (A) reimbursements and (B) in-kind benefits provided under this Agreement that are subject to Section 409A of the Code shall be made or provided in accordance with the requirements of Section 409A of the Code, including, where applicable, the requirement that (x1) the amount of expenses eligible for reimbursement, or in in-kind benefits provided, during a calendar year may not affect the expenses eligible for reimbursement, or in in-kind benefits to be provided, in any other calendar year; (y2) the reimbursement of an eligible expense will be made no later than the last day of the calendar year following the year in which the expense is incurred; and (z3) the right to reimbursement or in in-kind benefits is not subject to liquidation or exchange for another benefit.

Appears in 6 contracts

Samples: Employment Agreement (First Horizon National Corp), Employment Agreement (Smith Midland Corp), Employment Agreement (Capital Bank Financial Corp.)

In-Kind Benefits and Reimbursements. Notwithstanding anything to the contrary in this Agreement, all (A) reimbursements and (B) in-kind benefits provided under this Agreement that are subject to Section 409A of the Code shall be made or provided in accordance with the requirements of Section 409A of the Code, including, where applicable, the requirement that (x) the amount of expenses eligible for reimbursement, or in kind benefits provided, during a calendar year may not affect the expenses eligible for reimbursement, or in kind benefits to be provided, in any other calendar year; (y) the reimbursement of an eligible expense will be made no later than the last day of the calendar year following the year in which the expense is incurred; and (z) the right to reimbursement or in kind benefits is not subject to liquidation or exchange for another benefit.

Appears in 2 contracts

Samples: Employment Agreement (Capital Bank Financial Corp.), Employment Agreement (Capital Bank Financial Corp.)

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In-Kind Benefits and Reimbursements. Notwithstanding anything to the contrary in this Agreement, all (Ai) reimbursements and (Bii) in-kind benefits provided under this Agreement that are subject to Section 409A of the Code shall be made or provided in accordance with the requirements of Section 409A of the Code, including, where applicable, the requirement that (xA) the amount of expenses eligible for reimbursement, or in in-kind benefits provided, during a calendar year may not affect the expenses eligible for reimbursement, or in in-kind benefits to be provided, in any other calendar year; (yB) the reimbursement of an eligible expense will be made no later than the last day of the calendar year following the year in which the expense is incurred; and (zC) the right to reimbursement or in in-kind benefits is not subject to liquidation or exchange for another benefit.

Appears in 1 contract

Samples: Change in Control Severance Agreement (Capital Bank Financial Corp.)

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