Common use of Section 409A Compliance Clause in Contracts

Section 409A Compliance. This Agreement is intended to comply with Section 409A of the Code (to the extent applicable) and, to the extent it would not adversely impact the Company, the Company agrees to interpret, apply and administer this Agreement in the least restrictive manner necessary to comply with such requirements and without resulting in any diminution in the value of payments or benefits to the Executive.

Appears in 16 contracts

Samples: Employment Agreement (Edgen Group Inc.), Employment Agreement (Edgen Group Inc.), Employment Agreement (MRC Global Inc.)

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Section 409A Compliance. This Agreement is intended to comply with Section 409A of the Code (to the extent applicable) and, to the extent it would not adversely impact the Company, the Company agrees to interpret, apply and administer this Agreement in the least restrictive manner necessary to comply with such requirements and without resulting in any diminution in the value of payments or benefits to the Executive.

Appears in 13 contracts

Samples: Employment Agreement (Medianet Group Technologies Inc), Employment Agreement (Liberator Medical Holdings, Inc.), Employment Agreement (Liberator Medical Holdings, Inc.)

Section 409A Compliance. This Agreement is intended to comply with Section 409A of the Code (to the extent applicable) and, to the extent it would not adversely impact the CompanyEmployer, the Company Employer agrees to interpret, apply and administer this Agreement in the least restrictive manner necessary to comply with such requirements and without resulting in any diminution in the value of payments or benefits to the ExecutiveEmployee.

Appears in 7 contracts

Samples: Employment Agreement (High Plains Gas, Inc.), Employment Agreement (High Plains Gas, Inc.), Employment Agreement (High Plains Gas, Inc.)

Section 409A Compliance. This Agreement is intended to comply with Section 409A of the Code (to the extent applicable) and, to the extent it would not adversely impact the Company, the Company agrees to interpret, apply and administer this Agreement in accordance with such intention and in the least restrictive manner necessary to comply with such requirements (to the extent applicable) and without resulting in any diminution in the value of payments or benefits to Executive or Executive incurring any tax under Section 409A of the Executive.Code. [Signature Page Follows]

Appears in 7 contracts

Samples: Employment Agreement (Amedisys Inc), Employment Agreement (Amedisys Inc), Employment Agreement (Amedisys Inc)

Section 409A Compliance. (i) This Agreement is intended to comply with with, or otherwise be exempt from, Code Section 409A of the Code (409A. The Company shall undertake to the extent applicable) andadminister, to the extent it would not adversely impact the Company, the Company agrees to interpret, apply and administer construe this Agreement in the least restrictive a manner necessary to comply with such requirements and without resulting in any diminution that does not result in the value of payments or benefits imposition to the Executive.Executive of additional taxes or interest under Code Section 409A.

Appears in 5 contracts

Samples: Employment Agreement (Bancplus Corp), Employment Agreement (Bancplus Corp), Executive Employment Agreement (Molson Coors Brewing Co)

Section 409A Compliance. This Agreement is intended to comply with the provisions of Section 409A of the Code (to and the extent applicable) and, to regulations and guidance promulgated thereunder. Without limiting the extent it would not adversely impact generality of the Companyforegoing, the Company and the Executive each agrees to interpret, apply and administer this Agreement in the least restrictive manner necessary to comply with such requirements and without resulting in any diminution in the value of payments or benefits to the Executive.as follows:

Appears in 4 contracts

Samples: Change in Control Agreement (Element Solutions Inc), Change in Control Agreement (Platform Specialty Products Corp), Change in Control Agreement (Platform Specialty Products Corp)

Section 409A Compliance. This Employment Agreement is intended to comply with Section 409A of the Code (to the extent applicable) and, to the extent it would not adversely impact the Company, the Company agrees to interpret, apply and administer this Employment Agreement in the least restrictive manner necessary to comply with such requirements and without resulting in any diminution in the value of payments or benefits to the Executive.

Appears in 3 contracts

Samples: Employment Agreement (McJunkin Red Man Holding Corp), Employment Agreement (McJunkin Red Man Holding Corp), Employment Agreement (McJunkin Red Man Holding Corp)

Section 409A Compliance. This Agreement is intended to comply with Section 409A of the Code (to the extent applicable) and, to the extent it would not adversely impact the Company, the Company agrees to interpret, apply and administer this Agreement in the least restrictive manner necessary to comply with such requirements and without resulting in any diminution in the value of payments or benefits to the Executive.

Appears in 3 contracts

Samples: Employment Agreement (Amedisys Inc), Employment Agreement (Amedisys Inc), Employment Agreement (Amedisys Inc)

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Section 409A Compliance. This Agreement is intended to comply with Section 409A of the Code (to the extent applicable) and, to the extent it would not adversely impact the Company, the Company agrees to interpret, apply and administer this Agreement in the least restrictive manner necessary to comply with such requirements and without resulting in any diminution in the value of payments or benefits to the ExecutiveEmployee.

Appears in 2 contracts

Samples: Shares Surrender Agreement, Release and Waiver (McJunkin Red Man Holding Corp), Shares Surrender Agreement, Release and Waiver (McJunkin Red Man Holding Corp)

Section 409A Compliance. a. This Agreement is intended to comply with Section 409A of the Code (to the extent applicable) and, to the extent it would not adversely impact the Company, the Company agrees to interpret, apply and administer this Agreement in the least restrictive a manner necessary to comply with such requirements and without resulting in any diminution in the value of payments or benefits to the Executive.Employee. Notwithstanding any other provisions of this Agreement, the Company does not guarantee that payments will be exempt or comply with Section 409A of the Code, nor will the

Appears in 2 contracts

Samples: Amended and Restated Agreement (Shuffle Master Inc), Amended and Restated Agreement (Shuffle Master Inc)

Section 409A Compliance. To the extent applicable, it is intended that this Agreement comply with the provisions of Section 409A of the Code. This Agreement is intended shall be administered in a manner consistent with this intent, and any provision that would cause the Agreement to fail to satisfy Section 409A of the Code shall have no force and effect until amended to comply with Section 409A of the Code (which amendment may be retroactive to the extent applicable) and, to permitted by Section 409A of the extent it would not adversely impact the Company, Code and may be made by the Company agrees to interpret, apply and administer this Agreement in the least restrictive manner necessary to comply with such requirements and without resulting in any diminution in the value of payments or benefits to the Executiveyour consent).

Appears in 1 contract

Samples: Employment Agreement (International Textile Group Inc)

Section 409A Compliance. This Agreement is intended to comply with Section 409A of the Code (to the extent applicable) and, to the extent it would not adversely impact the Company, the Company agrees to interpret, apply and administer this Agreement in accordance with such intention and in the least restrictive manner necessary to comply with such requirements (to the extent applicable) and without resulting in any diminution in the value of payments or benefits to Executive or Executive incurring any tax under Section 409A of the ExecutiveCode.

Appears in 1 contract

Samples: Employment Agreement (Amedisys Inc)

Section 409A Compliance. This Agreement is intended to comply with Section 409A of the Code (to the extent applicable) and, to the extent it would not adversely impact the Company, the Company agrees to interpret, apply and administer this Agreement in accordance with such intention and in the least restrictive manner necessary to comply with such requirements (to the extent applicable) and without resulting in any diminution in the value of payments or benefits to Employee or Employee incurring any tax under Section 409A of the Executive.Code. [Signature Page Follows]

Appears in 1 contract

Samples: Employment Agreement (Amedisys Inc)

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