Common use of Overall Compliance Clause in Contracts

Overall Compliance. To the extent any provision of this Agreement or any omission from the Agreement would (absent this Section 19(b)) cause amounts to be includable in income under Code section 409A(a)(1), the Agreement shall be deemed amended to the extent necessary to comply with the requirements of Code section 409A; provided, however, that this Section 19(b) shall not apply and shall not be construed to amend any provision of the Agreement to the extent this Section 19(b) or any amendment required thereby would itself cause any amounts to be includable in income under Code section 409A(a)(1).

Overall Compliance. To the extent any provision of this Agreement or any omission from the Agreement would (absent this Section 19(b18(d)) cause amounts to be includable in income under Code section Section 409A(a)(1), the Agreement shall be deemed amended to the extent necessary to comply with the requirements of Code section Section 409A; provided, however, that this Section 19(b18(d) shall not apply and shall not be construed to amend any provision of the Agreement to the extent this Section 19(b18(d) or any amendment required thereby would itself cause any amounts to be includable in income under Code section Section 409A(a)(1).

Overall Compliance. To the extent any provision of this Agreement or any omission from the Agreement would (absent this Section 19(b)18(b) cause amounts to be includable in income under Code section 409A(a)(1), the Agreement shall be deemed amended to the extent necessary to comply with the requirements of Code section 409A; provided, however, that this Section 19(b18(b) shall not apply and shall not be construed to amend any provision of the Agreement to the extent this Section 19(b18(b) or any amendment required thereby would itself cause any amounts to be includable in income under Code section 409A(a)(1).