Common use of Nonqualified Deferred Compensation Plans Clause in Contracts

Nonqualified Deferred Compensation Plans. Each Company Employee Plan, Employee Agreement or other contract, plan, program, agreement, or arrangement maintained by the Company that is a “nonqualified deferred compensation plan” (within the meaning of Section 409A(d)(1) of the Code) complies in form with and has been operated in good faith compliance since January 1, 2005 and in compliance since January 1, 2009, in each case, with Section 409A of the Code and the then applicable guidance issued by the IRS thereunder.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Ligand Pharmaceuticals Inc), Agreement and Plan of Merger (Usa Technologies Inc)

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Nonqualified Deferred Compensation Plans. Each Company Employee Plan, Employee Agreement Plan or other contract, plan, program, agreement, or arrangement maintained by the Company that is a “nonqualified deferred compensation plan” (within the meaning of Section 409A(d)(1) of the Code) complies in form with and has been operated in good faith compliance since January 1, 2005 and in compliance since January 1, 2009, in each case, with Section 409A of the Code and the then applicable guidance issued by the IRS thereunder.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Aratana Therapeutics, Inc.)

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Nonqualified Deferred Compensation Plans. Each Company Employee Plan, Employee Agreement Plan or other contract, plan, program, agreement, or arrangement maintained by the Company that is a “nonqualified deferred compensation plan” (within the meaning of Section 409A(d)(1) of the Code) complies in form with and has been operated in good faith compliance since January 1, 2005 and in compliance since January 1, 2009, in each case, with Section 409A of the Code and the then applicable guidance issued by the IRS thereunder.

Appears in 1 contract

Samples: Stock Purchase Agreement (Nabriva Therapeutics PLC)

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