Common use of Compliance with Section 409A of the Code Clause in Contracts

Compliance with Section 409A of the Code. To the extent applicable, it is intended that this Agreement and the Plan comply with the provisions of Section 409A of the Code, so that the income inclusion provisions of Section 409A(a)(1) do not apply to Grantee. This Agreement and the Plan shall be administered in a manner consistent with this intent.

Appears in 14 contracts

Samples: Restricted Stock Unit Agreement (Axiall Corp/De/), Restricted Stock Unit Agreement (Axiall Corp/De/), Restricted Stock Unit Agreement (Axiall Corp/De/)

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Compliance with Section 409A of the Code. To the extent applicable, it is intended that this Agreement and the Plan comply with the provisions of Section 409A of the Code, so that the income inclusion provisions of Section 409A(a)(1) do not apply to the Grantee. This Agreement and the Plan shall be administered in a manner consistent with this intent.

Appears in 11 contracts

Samples: Equity and Performance Incentive Plan (Flowers Foods Inc), 2001 Equity and Performance Incentive Plan (Flowers Foods Inc), 2001 Equity and Performance Incentive Plan (Flowers Foods Inc)

Compliance with Section 409A of the Code. To the extent applicable, it is intended that this Agreement and the Plan comply with the provisions of Section 409A of the Code, so that the income inclusion provisions of Section 409A(a)(1) of the Code do not apply to the Grantee. This Agreement and the Plan shall be administered in a manner consistent with this intent.

Appears in 11 contracts

Samples: Restricted Share Award Agreement, Restricted Share Award Agreement (Aci Worldwide, Inc.), Restricted Share Award Agreement (Aci Worldwide, Inc.)

Compliance with Section 409A of the Code. (a) To the extent applicable, it is intended that this Agreement and the Plan comply with the provisions of Section 409A of the Code, so that the income inclusion provisions of Section 409A(a)(1) of the Code do not apply to Granteeyou. This Agreement and the Plan shall be administered in a manner consistent with this intent.

Appears in 9 contracts

Samples: Polyone Corp, Polyone Corp, Polyone Corp

Compliance with Section 409A of the Code. To the extent applicable, it is intended that this Agreement and the Plan be exempt from or comply with the provisions of Section 409A of the Code, so that the income inclusion provisions of Section 409A(a)(1) of the Code do not apply to Granteeyou. This Agreement and the Plan shall will be administered in a manner consistent with this intent.

Appears in 9 contracts

Samples: Incorporated Restricted Stock Unit Award Agreement (Dana Inc), Performance Share Award Agreement (Dana Inc), Performance Share Award Agreement (Gentex Corp)

Compliance with Section 409A of the Code. (a) To the extent applicable, it is intended that this Agreement (including the Schedules attached hereto) and the Plan comply with the provisions of Section 409A of the Code, so that the income inclusion provisions of Section 409A(a)(1) of the Code do not apply to Granteeyou. This Agreement and the Plan shall be administered in a manner consistent with this intent.

Appears in 8 contracts

Samples: Letter Agreement (Avient Corp), Letter Agreement (Avient Corp), Letter Agreement (Avient Corp)

Compliance with Section 409A of the Code. To the extent applicable, it is intended that this Agreement and the Plan comply with with, or be exempt from, the provisions of Section 409A of the Code, so that the income inclusion provisions of Section 409A(a)(1) do not apply to Grantee. This Agreement and the Plan shall be administered in a manner consistent with this intent.

Appears in 6 contracts

Samples: Restricted Stock Unit Agreement (Axiall Corp/De/), Performance Restricted Stock Unit Agreement (Axiall Corp/De/), Restricted Stock Unit Agreement (Axiall Corp/De/)

Compliance with Section 409A of the Code. To the extent applicable, it is intended that this Agreement and the Plan comply with the provisions of Section 409A of the Code, so that the income inclusion provisions of Section 409A(a)(1) do not apply to Granteeyou. This Agreement and the Plan shall be administered in a manner consistent with this intent.

Appears in 5 contracts

Samples: Stock Option Agreement (Dendreon Corp), Incentive Stock Option Agreement (Dendreon Corp), Stock Option Agreement (Dendreon Corp)

Compliance with Section 409A of the Code. To the extent applicable, it is intended that this Agreement and the Plan comply with the provisions of Section 409A of the Code, so that the income inclusion provisions of Section 409A(a)(1) of the Code do not apply to the Grantee. This Agreement and the Plan shall be administered in a manner consistent with this intent.

Appears in 5 contracts

Samples: Ltip Performance Shares Agreement (Aci Worldwide, Inc.), Supplemental Ltip Performance Shares Agreement (Aci Worldwide, Inc.), Ltip Performance Shares Agreement (Aci Worldwide, Inc.)

Compliance with Section 409A of the Code. To the extent applicable, it is intended that this Agreement and the Plan comply with the provisions of Section 409A of the Code, so that the income inclusion provisions of Section 409A(a)(1) do not apply to Granteethe Optionee. This Agreement and the Plan shall be administered in a manner consistent with this intent.

Appears in 3 contracts

Samples: Stock Option Agreement (Flowers Foods Inc), Nonqualified Stock Option Agreement (Flowers Foods Inc), Stock Option Agreement (Flowers Foods Inc)

Compliance with Section 409A of the Code. To the extent applicable, it is intended that this Agreement and the Plan comply with the provisions of Section 409A of the Code, so that the income inclusion provisions of Section 409A(a)(1) do not apply to the Grantee. This Agreement and in conjunction with the terms of the Plan shall be administered in a manner consistent with this intent.

Appears in 3 contracts

Samples: Omnibus Equity and Incentive Compensation Plan (Flowers Foods Inc), 2016 Performance Stock Agreement (Flowers Foods Inc), Equity and Incentive Compensation Plan (Flowers Foods Inc)

Compliance with Section 409A of the Code. To the extent applicable, it is intended that this Agreement and the Plan comply with the provisions of Section 409A of the Code, so that the income inclusion provisions of Section 409A(a)(1) do not apply to GranteeParticipant. This Agreement and the Plan shall be administered in a manner consistent with this intent.

Appears in 3 contracts

Samples: Restricted) Stock Award Agreement (Dendreon Corp), Restricted Stock Agreement (Dendreon Corp), Dendreon Corporation Restricted Stock Agreement (Dendreon Corp)

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Compliance with Section 409A of the Code. To the extent applicable, it is intended that this Agreement and the Plan comply with the provisions of Section 409A of the Code, so that the income inclusion provisions of Section 409A(a)(1) do not apply to GranteeOptionee. This Agreement and the Plan shall be administered in a manner consistent with this intent.

Appears in 2 contracts

Samples: Incentive Plan Nonqualified Stock Option Agreement (Liquidmetal Technologies Inc), Equity Incentive Plan Incentive Stock Option Agreement (Liquidmetal Technologies Inc)

Compliance with Section 409A of the Code. To the extent applicable, it is intended that this Agreement and the Plan comply with the provisions of Section 409A of the Code, so that the income inclusion provisions of Section 409A(a)(1) of the Code do not apply to Grantee. This Agreement and the Plan shall be administered in a manner consistent with this intent.to

Appears in 1 contract

Samples: Performance Shares Award Agreement (Louisiana-Pacific Corp)

Compliance with Section 409A of the Code. To the extent applicable, it is intended that this Agreement and the Plan comply with the provisions of Section 409A of the Code, so that the income inclusion provisions of Section 409A(a)(1) of the Code do not apply to the Grantee. This Agreement and the Plan shall be administered in a manner consistent with this intent.. References to

Appears in 1 contract

Samples: Performance Shares Agreement (Dayton Power & Light Co)

Compliance with Section 409A of the Code. To the extent applicable, it is intended that this Agreement and the Plan comply with the provisions of Section 409A of the Code, so that the income inclusion provisions of Section 409A(a)(1) of the Code do not apply to Granteethe Director. This Agreement and the Plan shall be administered in a manner consistent with this intent.. Reference to Section 409A of the Code is to Section 409A of the Internal Revenue Code of 1986, as amended, and will also include any regulations or any other formal guidance 4

Appears in 1 contract

Samples: MATERION Corp

Compliance with Section 409A of the Code. To the extent applicable, it is intended that this Agreement and the Plan comply with with, or be exempt from, the provisions of Section 409A of the Code, so that the income inclusion provisions of Section 409A(a)(1) of the Code do not apply to Granteethe Participant. This Agreement and the Plan shall be administered in a manner consistent with this intent.

Appears in 1 contract

Samples: Outside Director Restricted Stock Unit Agreement (Lordstown Motors Corp.)

Compliance with Section 409A of the Code. To the extent applicable, it is intended that this Agreement and the Plan comply with the provisions of Section 409A of the Code, so that the income inclusion provisions of Section 409A(a)(1) do not apply to the Grantee. This Agreement and the Plan shall be administered and construed in a manner consistent with this intent.

Appears in 1 contract

Samples: Restricted Stock Agreement (Flowers Foods Inc)

Compliance with Section 409A of the Code. To the extent applicable, it is intended that the Option granted under this Agreement and the Plan comply with be a “stock right” exempt from the provisions of Section 409A of the Code, so that the income inclusion provisions of Section 409A(a)(1) of the Code do not apply to Granteeyou. This Agreement and the Plan shall will be administered in a manner consistent with this intent.

Appears in 1 contract

Samples: Nonqualified Stock Option Agreement (Dana Holding Corp)

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