Examples of Section 409A in a sentence
Further, in the event that this Agreement or the Award issued pursuant thereto shall be deemed not to comply with Code Section 409A, then neither the Company, the Administrator or its or their designees or agents shall be liable to the Participant or other person for actions, decisions or determinations made in good faith.
The Administrator shall have unilateral authority to amend this Agreement (without Participant consent) to the extent necessary to comply with Applicable Law or changes to Applicable Law (including but in no way limited to Code Section 409A and federal securities laws), and the Participant hereby consents to any such amendments to this Agreement.
In addition, (i) in the event that Code Section 409A requires that any special terms, provisions or conditions be included in any Award, then such terms, provisions and conditions shall, to the extent practicable, be deemed to be made a part of such Award; and (ii) terms used in this Agreement shall be construed in accordance with Code Section 409A if and to the extent required.
Deferrals of Shares or any other benefit distributable pursuant to the terms hereof in a manner that would cause Code Section 409A to apply shall not be permitted unless such deferrals are in compliance with Code Section 409A.
For purposes of Section 409A, each installment payment provided under this Agreement shall be treated as a separate payment.