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

Internal Revenue Code Section 409A Compliance. Notwithstanding any provision existing in this Agreement or any amendment thereto, it is the intent of the Bank and the Director that any payment or benefit provided pursuant to this Agreement shall be made and paid in a manner, at a time and in a form which complies with the applicable requirements of IRC Section 409A, in order to avoid any unfavorable tax consequences resulting from any such failure to comply. Furthermore, for the purposes of this Agreement, IRC Section 409A shall be read to include any related or relevant IRS Notices (including but not limited to Notice 2006-79, 2007-78) and any future guidance or clarification of such statutes. In accordance with the current restrictions on payouts of deferred compensation, and with respect to any plan amendment or election in 2008, such amendment or election may not act as to accelerate any payments or cause any payment to be made in 2008 that would not otherwise be payable in 2008. Furthermore, and in accordance with IRS Notice 2007-78, this restriction also applies to payments following a separation from service, and similarly applies to elections/amendments and payments made and to be made in 20078. In the event of any modification or amendment in 2008 regarding a payment to be made in 2008, such payment shall not be made or commence until January 1, 2009. The parties reserve the right to amend this agreement as necessary in order to comply with IRC Section 409A. Furthermore, this Agreement shall be administered in compliance with IRC Section 409A and the related rules, regulations and notices. Any section of this Agreement which violates IRC Section 409A and the related rules, regulations and notices shall be void and without effect. To the extent that any paragraph, term, or provision of the Director Compensation Benefits Agreement is not specifically amended herein, or in any other amendment thereto, said paragraph, term, or provision shall remain in full force and effect as set forth in said Agreement.

Internal Revenue Code Section 409A Compliance. Notwithstanding any provision existing in this Agreement or any amendment thereto, it is the intent of the Bank and the Director that any payment or benefit provided pursuant to this Agreement shall be made and paid in a manner, at a time and in a form which complies with the applicable requirements of IRC Section 409A, in order to avoid any unfavorable tax consequences resulting from any such failure to comply. Furthermore, for the purposes of this Agreement, . IRC Section 409A shall be read to include any nay related or relevant IRS Notices (including but not limited to Notice 2006-79, 2007-78) and any future guidance or clarification of such statutesthe currently proposed regulations. In accordance with the current restrictions on payouts of deferred compensation, and with respect to any plan amendment or election in 20082006, such amendment or election may not act as to accelerate any payments or cause any payment to be made in 2008 2006 that would not otherwise be payable in 20082006. Furthermore, and in accordance with IRS Notice 20072006-7879, this restriction also applies to payments following a separation from service, and similarly applies to elections/amendments and payments made and to be made in 200782007. In the event of any modification or amendment in 2008 2006 (or 2007) regarding a payment to be made in 20082006 (or 2007), such payment shall not be made or commence until January 1, 20092007 (or January 1, 2008, as applicable). The parties reserve the right to amend this agreement as necessary in order to comply with IRC Section 409A. Furthermore, this Agreement shall be administered in compliance with IRC Section 409A and the related rules, regulations and notices. Any section of this Agreement which violates IRC Section 409A and the related rules, regulations and notices shall be void and without effect. To the extent that any paragraph, term, or provision of the Director Compensation Benefits Agreement is not specifically amended herein, or in any other amendment thereto, said paragraph, term, or provision shall remain in full force and effect as set forth in said Agreement.

Internal Revenue Code Section 409A Compliance. Notwithstanding any provision existing in this Agreement or any amendment thereto, it is the intent of the Bank and the Director that any payment or benefit provided pursuant to this Agreement shall be made and paid in a manner, at a time and in a form which complies with the applicable requirements of IRC Section 409A, in order to avoid any unfavorable tax consequences resulting from any such failure to comply. Furthermore, for the purposes of this Agreement, IRC Section 409A shall be read to include any related or relevant IRS Notices (including but not limited to Notice 2006-2006- 79, 2007-78) and any future guidance or clarification of such statutesthe currently proposed regulations. In accordance with the current restrictions on payouts of deferred compensation, and with respect to any plan amendment or election in 20082006, such amendment or election may not act as to accelerate any payments or cause any payment to be made in 2008 2006 that would not otherwise be payable in 20082006. Furthermore, and in accordance with IRS Notice 20072006-7879, this restriction also applies to payments following a separation from service, and similarly applies to elections/amendments and payments made and to be made in 200782007. In the event of any modification or amendment in 2008 2006 (or 2007) regarding a payment to be made in 20082006 (or 2007), such payment shall not be made or commence until January I, 2007 (or January 1, 20092008, as applicable). The parties reserve the right to amend this agreement as necessary in order to comply with IRC Section 409A. Furthermore, this Agreement shall be administered in compliance with IRC Section 409A and the related rules, regulations and notices. Any section of this Agreement which violates IRC Section 409A and the related rules, regulations and notices shall be void and without effect. To the extent that any paragraph, term, or provision of the Director Compensation Benefits Agreement is not specifically amended herein, or in any other amendment thereto, said paragraph, term, or provision shall remain in full force and effect as set forth in said Agreement.

Internal Revenue Code Section 409A Compliance. Notwithstanding any provision existing in this Agreement or any amendment thereto, it is the intent of the Bank and the Director that any payment or benefit provided pursuant to this Agreement shall be made and paid in a manner, at a time and in a form which complies with the applicable requirements of IRC Section 409A, in order to avoid any unfavorable tax consequences resulting from any such failure to comply. Furthermore, for the purposes of this Agreement, IRC Section 409A shall be read to include any related or relevant IRS Notices (including but not limited to Notice 2006-79, 2007-78) and any future guidance or clarification of such statutesthe currently proposed regulations. In accordance with the current restrictions on payouts of deferred compensation, and with respect to any plan amendment or election in 20082006, such amendment or election may not act as to accelerate any payments or cause any payment to be made in 2008 2006 that would not otherwise be payable in 20082006. Furthermore, and in accordance with IRS Notice 20072006-7879, this restriction also applies to payments following a separation from service, and similarly applies to elections/amendments and payments made and to be made in 200782007. In the event of any modification or amendment in 2008 2006 (or 2007) regarding a payment to be made in 20082006 (or 2007), such payment shall not be made or commence until January 1, 20092007 (or January 1, 2008, as applicable). The parties reserve the right to amend this agreement as necessary in order to comply with IRC Section 409A. Furthermore, this Agreement shall be administered in compliance with IRC Section 409A and the related rules, regulations and notices. Any section of this Agreement which violates IRC Section 409A and the related rules, regulations and notices shall be void and without effect. To the extent that any paragraph, term, or provision of the Director Compensation Benefits Agreement is not specifically amended herein, or in any other amendment thereto, said paragraph, term, or provision shall remain in full force and effect as set forth in said Agreement.