Section 409A definition
Examples of Section 409A in a sentence
For the avoidance of doubt, to the extent any payments or benefits covered by this Section 19 constitute “nonqualified deferred compensation” subject to Section 409A of the Code, any reduction contemplated under this Section 19 will be effected in a manner intended to comply with Section 409A of the Code.
The intent of the parties is that payments and benefits under this Agreement comply with Code Section 409A and the regulations and guidance promulgated thereunder (collectively "Code Section 409A") and, accordingly, to the maximum extent permitted, this Agreement shall be interpreted to be in compliance therewith.
To the extent that any provision hereof is modified in order to comply with Code Section 409A, such modification shall be made in good faith and shall, to the maximum extent reasonably possible, maintain the original intent and economic benefit to the Executive and the Company of the applicable provision without violating the provisions of Code Section 409A.
For purposes of Section 409A of the Code, each payment in a series of payments will be deemed a separate payment.
To the extent any payment made in accordance with this Section 3.9(a)(vii) in the time periods provided herein would trigger a Tax or penalty under Section 409A of the Code, such payments shall be made on the earliest date that payment would not trigger such Tax or penalty.