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

Internal Revenue Code Section 409A Compliance. Except with respect to amounts paid pursuant to a schedule in a plan or arrangement outside of this Agreement, it is intended that amounts payable under this Section 7 not be considered non-qualified deferred compensation subject to Code Section 409A. Xxxxx is a Specified Employee under Code Section 409A, therefore, to the extent such amounts are considered non-qualified deferred compensation payable upon a separation from service under Code Section 409A, payment of those amounts so deferred under Code Section 409A may not be made until at least six (6) months following Xxxxx’x separation from service of the Company (or, if earlier, the date of death of Xxxxx).

Appears in 1 contract

Samples: Employment Agreement (PDC Energy, Inc.)

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Internal Revenue Code Section 409A Compliance. Except with respect to amounts paid pursuant to a schedule in a plan or arrangement outside of this Agreement, it is intended that amounts payable under this Section 7 not be considered non-qualified deferred compensation subject to Code Section 409A. Xxxxx Lxxxx is a Specified Employee under Code Section 409A, therefore, to the extent such amounts are considered non-qualified deferred compensation payable upon a separation from service under Code Section 409A, payment of those amounts so deferred under Code Section 409A may not be made until at least six (6) months following Xxxxx’x Lxxxx’x separation from service of the Company (or, if earlier, the date of death of XxxxxLxxxx).

Appears in 1 contract

Samples: Employment Agreement (Petroleum Development Corp)

Internal Revenue Code Section 409A Compliance. Except with respect to amounts paid pursuant to a schedule in a plan or arrangement outside of this Agreement, it is intended that amounts payable under this Section 7 not be considered non-qualified deferred compensation subject to Code Section 409A. Xxxxx Sxxxxxx is a Specified Employee under Code Section 409A, therefore, to the extent such amounts are considered non-qualified deferred compensation payable upon a separation from service under Code Section 409A, payment of those amounts so deferred under Code Section 409A may not be made until at least six (6) months following Xxxxx’x Sxxxxxx’x separation from service of the Company (or, if earlier, the date of death of XxxxxSxxxxxx).

Appears in 1 contract

Samples: Employment Agreement (Petroleum Development Corp)

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Internal Revenue Code Section 409A Compliance. Except with respect to amounts paid pursuant to a schedule in a plan or arrangement outside of this Agreement, it is intended that amounts payable under this Section 7 not be considered non-qualified deferred compensation subject to Code Section 409A. Xxxxx Bxxxxxxx is a Specified Employee under Code Section 409A, therefore, to the extent such amounts are considered non-qualified deferred compensation payable upon a separation from service under Code Section 409A, payment of those amounts so deferred under Code Section 409A may not be made until at least six (6) months following Xxxxx’x Bxxxxxxx’x separation from service of the Company (or, if earlier, the date of death of XxxxxBxxxxxxx).

Appears in 1 contract

Samples: Employment Agreement (Petroleum Development Corp)

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