Common use of Section 409A Amendment Clause in Contracts

Section 409A Amendment. The Award is intended to be exempt from Code Section 409A and this Award Agreement shall be administered and interpreted in accordance with such intent. The Committee reserves the right (including the right to delegate such right) to unilaterally amend this Award Agreement without the consent of the Participant in order to maintain an exclusion from the application of, or to maintain compliance with, Code Section 409A; and the Participant hereby acknowledges and consents to such rights of the Committee.

Appears in 54 contracts

Sources: Time Based Restricted Stock Unit Award Agreement (Alerus Financial Corp), Performance Based Restricted Stock Unit Award Agreement (Alerus Financial Corp), Restricted Stock Unit Award Agreement (Midland States Bancorp, Inc.)

Section 409A Amendment. The Award Option is intended to be exempt from Code Section 409A and this Award Agreement shall be administered and interpreted in accordance with such intent. The Committee reserves the right (including the right to delegate such right) to unilaterally amend this Award Agreement without the consent of the Participant in order to maintain an exclusion from the application of, or to maintain compliance with, Code Section 409A; and the Participant hereby acknowledges and consents to such rights of the Committee.

Appears in 27 contracts

Sources: Incentive Stock Option Award Agreement (Midland States Bancorp, Inc.), Nonqualified Stock Option Award Agreement (Landmark Bancorp Inc), Incentive Stock Option Award Agreement (Landmark Bancorp Inc)

Section 409A Amendment. The Award is intended to be exempt from Code Section 409A and this Award Agreement shall be administered and interpreted in accordance with such intent. The Committee reserves the right (including the right to delegate such right) to unilaterally amend this Award Agreement without the consent of the Participant in order to maintain an exclusion from the application of, or to maintain compliance with, Code Section 409A; and the Participant hereby acknowledges and consents to such rights of the Committee.

Appears in 14 contracts

Sources: Performance Based Restricted Stock Unit Award Agreement (Heritage Financial Corp /Wa/), Restricted Stock Unit Award Agreement (Trinity Capital Corp), Restricted Stock Unit Award Agreement (Trinity Capital Corp)

Section 409A Amendment. The Award Option is intended to be exempt from Code Section 409A and this Award Agreement shall be administered and interpreted in accordance with such intent. The Committee reserves the right (including the right to delegate such right) to unilaterally amend this Award Agreement without the consent of the Participant in order to maintain an exclusion from the application of, or to maintain compliance with, Code Section 409A; and the Participant hereby acknowledges and consents to such rights of the Committee.

Appears in 5 contracts

Sources: Incentive Stock Option Award Agreement (Heritage Financial Corp /Wa/), Nonqualified Stock Option Award Agreement (Heritage Financial Corp /Wa/), Nonqualified Stock Option Award Agreement (Landmark Bancorp Inc)

Section 409A Amendment. The Award is intended to be exempt from comply with Code Section 409A and this Award Agreement shall be administered and interpreted in accordance with such intent. The Committee reserves the right (including the right to delegate such right) to unilaterally amend this Award Agreement without the consent of the Participant in order to maintain compliance with, or to maintain an exclusion from the application of, or to maintain compliance with, Code Section 409A; and the Participant hereby acknowledges and consents to such rights of the Committee.

Appears in 3 contracts

Sources: Deferred Restricted Stock Unit Award Agreement (County Bancorp, Inc.), Restricted Stock Unit Award Agreement (County Bancorp, Inc.), Deferred Restricted Stock Unit Award Agreement (County Bancorp, Inc.)

Section 409A Amendment. The Award is intended to be exempt from Code Section 409A and this Award Agreement shall be administered and interpreted in accordance with such intent. The Committee reserves the right (including the right to delegate such right) to unilaterally amend this Award Agreement without the consent of the Participant in order to maintain an exclusion from the application of, or to maintain compliance with, Code Section 409A; and the Participant hereby acknowledges and consents to such rights of the Committee.

Appears in 3 contracts

Sources: Restricted Stock Unit Award Agreement (Heartland Financial Usa Inc), Restricted Stock Unit Award Agreement (Heartland Financial Usa Inc), Director Restricted Stock Unit Award Agreement (Heartland Financial Usa Inc)

Section 409A Amendment. The This Award is intended to be exempt from Code Section 409A and this Award Agreement shall be administered and interpreted in accordance with such intent. The Committee reserves the right (including the right to delegate such right) to unilaterally amend this Award Agreement without the consent of the Participant in order to maintain an exclusion from the application of, or to maintain compliance with, Code Section 409A; and the Participant hereby acknowledges and consents to such rights of the Committee.

Appears in 3 contracts

Sources: Employee Performance Unit Award Agreement (First Community Financial Partners, Inc.), Performance Based Restricted Stock Unit Award Agreement (Heartland Financial Usa Inc), Restricted Stock Unit Award Agreement (Heartland Financial Usa Inc)

Section 409A Amendment. The Award is intended to be exempt from from, or otherwise is compliant with, Code Section 409A and this Award Agreement shall be administered and interpreted in accordance with such intent. The Committee reserves the right (including the right to delegate such right) to unilaterally amend this Award Agreement without the consent of the Participant in order to maintain an exclusion from the application of, or to maintain compliance with, Code Section 409A; and the Participant hereby acknowledges and consents to such rights of the Committee.

Appears in 3 contracts

Sources: Restricted Stock Unit Award Agreement (Bridgewater Bancshares Inc), Performance Based Restricted Stock Unit Award Agreement (MidWestOne Financial Group, Inc.), Performance Based Restricted Stock Unit Award Agreement (MidWestOne Financial Group, Inc.)

Section 409A Amendment. The This Award is intended to be exempt from comply with Code Section 409A and this Award Agreement shall be administered and interpreted in accordance with such intent. The Committee reserves the right (including the right to delegate such right) to unilaterally amend this Award Agreement without the consent of the Participant in order to maintain an exclusion from the application of, or to maintain compliance with, with Code Section 409A; and the Participant hereby acknowledges Participant's receipt of this Award constitutes the Participant's acknowledgement of and consents consent to such rights of the Committee.

Appears in 2 contracts

Sources: Performance Based Restricted Stock Unit Agreement (Heartland Financial Usa Inc), Restricted Stock Unit Agreement (Heartland Financial Usa Inc)

Section 409A Amendment. The Award is intended to be exempt from Code Section 409A 409A, and this Award Agreement shall be administered and interpreted in accordance with such intent. The Committee reserves the right (including the right to delegate such right) to unilaterally amend this Award Agreement without the consent of the Participant in order to maintain an exclusion from the application of, or to maintain compliance with, Code Section 409A; and the Participant hereby acknowledges and consents to such rights of the Committee.

Appears in 2 contracts

Sources: Restricted Stock Unit Award Agreement (Landmark Bancorp Inc), Restricted Stock Unit Award Agreement (Heritage Financial Corp /Wa/)

Section 409A Amendment. The Award is intended to be exempt from from, or otherwise is compliant with, Code Section 409A and this Award Agreement shall be administered and interpreted in accordance with such intent. The Committee reserves the right (including the right to delegate such right) to unilaterally amend this Award Agreement without the consent of the Participant in order to maintain an exclusion from the application of, or to maintain compliance with, Code Section 409A; and the Participant hereby acknowledges and consents to such rights of the Committee.. Each installment of RSUs shall be considered a separate payment for purposes of Code Section 409A.

Appears in 2 contracts

Sources: Restricted Stock Unit Award Agreement (MidWestOne Financial Group, Inc.), Restricted Stock Unit Award Agreement (MidWestOne Financial Group, Inc.)

Section 409A Amendment. The Award is intended to be exempt from comply with Code Section 409A and this Award Agreement shall be administered and interpreted in accordance with such intent. The Committee reserves the right (including the right to delegate such right) to unilaterally amend this Award Agreement without the consent of the Participant in order to maintain an exclusion from the application of, or to maintain compliance with, Code Section 409A; and the Participant hereby acknowledges and consents to such rights of the Committee.

Appears in 1 contract

Sources: Performance Share Award Agreement (Quality Distribution Inc)

Section 409A Amendment. The Award is intended to be exempt from Code Section 409A and this Award Agreement shall be administered and interpreted in accordance with such intent. The Committee reserves the right (including including, but not limited to, the right to delegate such right) to unilaterally amend this Award Agreement without the consent of the Participant in order to maintain an exclusion from the application of, or to maintain compliance with, Code Section 409A; and the Participant hereby acknowledges and consents to such rights of the Committee.

Appears in 1 contract

Sources: Restricted Stock Unit Award Agreement (First Community Financial Partners, Inc.)

Section 409A Amendment. The Award is intended to be exempt from Code Section 409A 409A, and this Award Agreement shall be administered and interpreted in accordance with such intent. The Committee reserves the right (including the right to delegate such right) to unilaterally amend this Award Agreement without the consent of the Participant in order to maintain an exclusion from the application of, or to maintain compliance with, Code Section 409A; , and the Participant hereby acknowledges and consents to such rights of the Committee.

Appears in 1 contract

Sources: Restricted Stock Award Agreement (Landmark Bancorp Inc)