Section 409A Considerations. Notwithstanding any other provision of the Plan to the contrary, any Award shall contain terms that (i) are designed to avoid application of Section 409A of the Code to the Award or (ii) are designed to avoid adverse tax consequences under Section 409A of the Code should that Code Section apply to the Award.
Appears in 2 contracts
Sources: Merger Agreement (United Refining Energy Corp), Merger Agreement (Chaparral Energy, Inc.)