Common use of IRC Section 409A Clause in Contracts

IRC Section 409A. Notwithstanding anything in this Agreement to the contrary, it is the intention of the parties that this agreement comply with Section 409A of the Code, and all regulations or other guidance issued thereunder, and this agreement and the payments of any benefits hereunder will be operated and administered accordingly. However, neither the Company nor the Committee shall have any liability to any person in the event Section 409A of the Code applies to this award or any payments hereunder in a transaction that result in adverse tax consequences to the Award holder or any beneficiaries or transferees.

Appears in 6 contracts

Samples: Restricted Stock Unit Agreement (Abovenet Inc), Restricted Stock Unit Agreement (Abovenet Inc), Restricted Stock Unit Agreement (Abovenet Inc)

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IRC Section 409A. Notwithstanding anything in this Agreement to the contrary, it is the intention of the parties that this agreement comply with Section 409A of the Internal Revenue Code of 1986, as amended (the “Code”), and all regulations or other guidance issued thereunder, and this agreement and the payments of any benefits hereunder will be operated and administered accordingly. However, neither the Company nor the Committee shall have any liability to any person in the event Code Section 409A of the Code applies to this award or any payments hereunder in a transaction that result in adverse tax consequences to the Award award holder or any beneficiaries or transferees.

Appears in 2 contracts

Samples: Restricted Stock Units Agreement (Virtus Investment Partners, Inc.), Performance Share Units Agreement (Virtus Investment Partners, Inc.)

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IRC Section 409A. Notwithstanding anything in this Agreement to the contrary, it is the intention of the parties that this agreement comply with Section 409A of the Internal Revenue Code of 1986, as amended (the “Code”), and all regulations or other guidance issued thereunder, and this agreement and the payments of any benefits hereunder will be operated and administered accordingly. However, neither the Company nor the Committee shall have any liability to any person in the event Code Section 409A of the Code applies to this award or any payments hereunder in a transaction that result results in adverse tax consequences to the Award award holder or any beneficiaries or transferees.

Appears in 1 contract

Samples: Restricted Stock Units Agreement (SBM Financial, Inc.)

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