Examples of US Code Section 409A in a sentence
The term of any such Option should not be extended beyond its expiry date except as otherwise permitted under United States Treasury Regulation Section 1.409A- 1(b)(5)(v)(C) and only to the extent such extension would not cause the Option to become subject to U.S. Code Section 409A.
Options granted to U.S. Taxpayers are intended to be exempt from U.S. Code Section 409A and will be interpreted accordingly.
The Plan and each Award Agreement under the Plan with respect to a U.S. Code Section 409A Award will be construed and interpreted in accordance with such intent, except as otherwise determined in the sole discretion of the Board.
Each Code Section 409A Award will be granted, paid, settled or deferred in such manner that will meet the requirements of U.S. Code Section 409A.
The Award Agreements shall preclude the exercise of discretion by the Company, the Board, the Committee and the Participant to change the time or form of Settlement if the exercise of such discretion would cause the Participant to become subject to additional U.S federal income taxes under U.S. Code Section 409A with respect to the Award.
The Plan will be construed, administered, and governed in a manner that effects such intent, and the Corporation will not take any action that would be inconsistent with such intent and will make payments in such time and manner as the Corporation determines would minimize or reduce the risk of adverse taxation under US Code Section 409A.
For greater clarity, these forfeiture provisions are intended to avoid adverse tax consequences under US Code Section 409A and/or under paragraph 6801(d) of the regulations under the Income Tax Act (Canada), that may result because of the different requirements as to the time of distribution of Deferred Share Units (and thus the time of taxation) with respect to a US Taxpayer’s separation from service (under US tax law) and his retirement or loss of office (under Canadian tax law).
Notwithstanding the provisions of Section 14 of the Plan, no amendment in respect of an Award to a U.S. Taxpayer shall be made without the consent of such U.S. Taxpayer if the result of such amendment would be to cause the Award to violate the requirements of U.S. Code Section 409A.
The Invitation or the Award Agreements shall preclude the exercise of discretion by the Company, the Board, the Committee and the Participant to change the time or form of Payout or settlement if the exercise of such discretion would cause the Award or RSU to become subject to additional U.S federal income taxes under U.S. Code Section 409A.
Each Optionee is solely responsible and liable for the satisfaction of all taxes and penalties that may be imposed on or for the account of such Optionee in connection with the Plan (including any taxes and penalties under U.S. Code Section 409A), and neither the Corporation nor any part of the Corporate Group shall have any obligation to indemnify or otherwise hold such Optionee or beneficiary or the Optionee’s estate harmless from any or all such taxes or penalties.