Common use of No Compensation Deferrals Clause in Contracts

No Compensation Deferrals. Neither the Plan nor this Award Agreement is intended to provide for a deferral of compensation that would subject the Restricted Stock to taxation prior to the issuance of Shares as a result of U.S. Internal Revenue Code Section 409A (“Section 409A”). Notwithstanding anything to the contrary in the Plan or this Award Agreement, the Company reserves the right to revise this Award Agreement as it deems necessary or advisable, in its sole discretion and without your consent, to comply with Section 409A or to otherwise avoid imposition of any additional tax or income recognition under Section 409A prior to the actual payment of Shares pursuant to this Award. If you are subject to U.S. taxes, all Restricted Stock that you are entitled to at vesting will be issued to you within the period ending no later than the date that is 21/2 months from the end of (i) your tax year that includes the applicable date of vesting, or (ii) the Company’s tax year that includes the applicable date of vesting (which payment schedule is intended to comply with the “short-term deferral” exemption from the application of Section 409A).

Appears in 1 contract

Samples: Restricted Stock Award (Burger King Holdings Inc)

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No Compensation Deferrals. Neither the Plan nor this Award Agreement is intended to provide for a deferral of compensation that would subject the Restricted Stock RSUs to taxation prior to the issuance of Shares as a result of U.S. Internal Revenue Code Section 409A (“Section 409A”). Notwithstanding anything to the contrary in the Plan or this Award Agreement, the Company reserves the right to revise this Award Agreement as it deems necessary or advisable, in its sole discretion and without your consent, to comply with Section 409A or to otherwise avoid imposition of any additional tax or income recognition under Section 409A prior to the actual payment of Shares pursuant to this Award. If you are subject to U.S. taxes, all Restricted Stock RSUs that you are entitled to at vesting will be issued to you within the period ending no later than the date that is 21/2 months from the end of (i) your tax year that includes the applicable date of vesting, or (ii) the Company’s tax year that includes the applicable date of vesting (which payment schedule is intended to comply with the “short-term deferral” exemption from the application of Section 409A).

Appears in 1 contract

Samples: Restricted Stock Unit Award (Burger King Holdings Inc)

No Compensation Deferrals. Neither the Plan nor this Award Agreement is intended to provide for a deferral of compensation that would subject the Restricted Stock RSUs to taxation prior to the issuance of Shares as a result of U.S. Internal Revenue Code Section 409A (“Section 409A”). Notwithstanding anything to the contrary in the Plan or this Award Agreement, the Company reserves the right to revise this Award Agreement as it deems necessary or advisable, in its sole discretion and without your consent, to comply with Section 409A or to otherwise avoid imposition of any additional tax or income recognition under Section 409A prior to the actual payment of Shares pursuant to this Individual Award. If you are subject to U.S. taxes, all Restricted Stock RSUs that you are entitled to at vesting will be issued to you within the period ending no later than the date that is 21/2 months from the end of (i) your tax year that includes the applicable date of vesting, or (ii) the Company’s tax year that includes the applicable date of vesting (which payment schedule is intended to comply with the “short-term deferral” exemption from the application of Section 409A).

Appears in 1 contract

Samples: Restricted Stock Units (Burger King Holdings Inc)

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No Compensation Deferrals. Neither the Plan nor this Award Agreement is intended to provide for a deferral of compensation that would subject the Restricted Stock Performance Shares to taxation prior to the issuance of Shares as a result of U.S. Internal Revenue Code Section 409A (“Section 409A”). Notwithstanding anything to the contrary in the Plan or this Award Agreement, the Company reserves the right to revise this Award Agreement as it deems necessary or advisable, in its sole discretion and without your consent, to comply with Section 409A or to otherwise avoid imposition of any additional tax or income recognition under Section 409A prior to the actual payment of Shares pursuant to this Individual Award. If you are subject to U.S. taxes, all Restricted Stock Performance Shares that you are entitled to at vesting will be issued to you within the period ending no later than the date that is 21/2 months from the end of (i) your tax year that includes the applicable date of vesting, or (ii) the Company’s tax year that includes the applicable date of vesting (which payment schedule is intended to comply with the “short-term deferral” exemption from the application of Section 409A).

Appears in 1 contract

Samples: Performance Award (Burger King Holdings Inc)

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