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

Compliance with Section 409A of the Code. This Agreement is intended to comply with, or otherwise be exempt from Section 409A of the Code, and any regulations and Treasury guidance promulgated thereunder and all ambiguities shall be interpreted in a manner consistent with such intent.

Appears in 18 contracts

Samples: Employment Agreement (Campus Crest Communities, Inc.), Employment Agreement (Campus Crest Communities, Inc.), Employment Agreement (Campus Crest Communities, Inc.)

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Compliance with Section 409A of the Code. This Agreement To the extent applicable, it is intended to that this Agreement comply with, or otherwise be exempt from with the provisions of Section 409A of the Code, and any regulations and Treasury guidance promulgated thereunder and all ambiguities shall . This Agreement will be interpreted administered in a manner consistent with this intent. References to Section 409A of the Code will include any proposed, temporary or final regulation, or any other formal guidance, promulgated with respect to such intentsection by the U.S. Department of Treasury or the Internal Revenue Service.

Appears in 9 contracts

Samples: Ceo Retention Award Agreement (Libbey Inc), Executive Employment Agreement (Libbey Inc), Executive Employment Agreement (Libbey Inc)

Compliance with Section 409A of the Code. This Agreement It is intended to that all applicable provisions of this Agreement comply with, or otherwise be exempt from with the requirements of Section 409A of the Code, and any regulations and Treasury guidance promulgated thereunder and all ambiguities this Agreement shall be interpreted and operated in a manner consistent accordance with such intentrequirements, where applicable.

Appears in 8 contracts

Samples: Employment Agreement (Infocrossing Inc), Employment Agreement (Infocrossing Inc), Employment Agreement (Infocrossing Inc)

Compliance with Section 409A of the Code. This Agreement is intended to comply with, or otherwise with the provisions of Section 409A of the Code and shall be exempt from interpreted to be consistent with Section 409A of the Code, and any regulations and Treasury guidance promulgated thereunder and all ambiguities shall be interpreted in a manner consistent with such intent.

Appears in 7 contracts

Samples: Severance Agreement (Bryn Mawr Bank Corp), Severance Agreement (Bryn Mawr Bank Corp), Severance Agreement (Bryn Mawr Bank Corp)

Compliance with Section 409A of the Code. a. This Agreement is intended to comply with, or otherwise shall at all times be exempt from Section 409A of the Code, and any regulations and Treasury guidance promulgated thereunder and all ambiguities shall be interpreted construed in a manner consistent to comply with such intent.Code Section 409A, including, if applicable, compliance with any exemptions from Code Section 409A.

Appears in 5 contracts

Samples: Restricted Stock Unit Agreement (Alliance One International, Inc.), Restricted Stock Unit Agreement (Alliance One International, Inc.), Performance Based Stock Unit Award Agreement (Alliance One International, Inc.)

Compliance with Section 409A of the Code. This Agreement is intended to comply withwith Section 409A of the Code and shall be construed and interpreted in accordance with such intent. Any provision of this Agreement that would fail to satisfy Section 409A of the Code shall be amended to comply with Section 409A of the Code on a timely basis, or otherwise which may be exempt from made on a retroactive basis, in accordance with regulations and other guidance issued under Section 409A of the Code, and any regulations and Treasury guidance promulgated thereunder and all ambiguities shall be interpreted in a manner consistent with such intent.

Appears in 4 contracts

Samples: Restricted Stock Unit Agreement (Valmont Industries Inc), Restricted Stock Unit Agreement (Valmont Industries Inc), Restricted Stock Unit Agreement (Valmont Industries Inc)

Compliance with Section 409A of the Code. This Amended Agreement is intended to comply with, or otherwise be exempt from Section 409A of the Code, and any regulations and Treasury guidance promulgated thereunder and all ambiguities shall be interpreted in a manner consistent with such intent.

Appears in 4 contracts

Samples: Employment Agreement (Campus Crest Communities, Inc.), Employment Agreement (Campus Crest Communities, Inc.), Employment Agreement (Campus Crest Communities, Inc.)

Compliance with Section 409A of the Code. This Agreement It is intended to that this Agreement will comply with, or otherwise be exempt from with Section 409A of the Code, Code (and any regulations and Treasury guidance promulgated thereunder guidelines issued thereunder) to the extent the Agreement is subject thereto, and all ambiguities the Agreement shall be interpreted in a manner on the basis consistent with such intent.

Appears in 4 contracts

Samples: Change of Control Severance Agreement (Xoma LTD /De/), Change of Control Severance Agreement (Xoma LTD /De/), Employment Agreement (Xoma LTD /De/)

Compliance with Section 409A of the Code. This Agreement is intended to comply with, or otherwise be exempt from with the requirements of Section 409A of the Code, and any regulations and Treasury guidance promulgated thereunder and all ambiguities shall be administered and interpreted in a manner consistent accordance with its requirements. If any provision of the Agreement conflicts with the requirements of Section 409A of the Code, the requirements of Section 409A shall supersede any such intentprovisions.

Appears in 3 contracts

Samples: Supplemental Deferred Compensation Agreement (M&t Bank Corp), Supplemental Deferred Compensation Agreement (M&t Bank Corp), Supplemental Deferred Compensation Agreement (M&t Bank Corp)

Compliance with Section 409A of the Code. This Agreement is intended to comply with, or otherwise be exempt from with Section 409A of the Code. Notwithstanding any provision of this Agreement to the contrary, and any regulations and Treasury guidance promulgated thereunder and all ambiguities this Agreement shall be interpreted interpreted, operated and administered in a manner consistent with such this intent.

Appears in 3 contracts

Samples: Employment Agreement (Investors Title Co), Employment Agreement (Investors Title Co), Employment Agreement (Investors Title Co)

Compliance with Section 409A of the Code. This Agreement is intended to comply with, or otherwise will be exempt from Section 409A of the Code, and any regulations and Treasury guidance promulgated thereunder and all ambiguities shall be interpreted administered in a manner consistent with such intentall applicable requirements of the Act, Section 409A of the Code and the Regulations or other guidance thereunder and any provision in the Agreement that is inconsistent with Section 409A of the Code shall be void and without effect.

Appears in 3 contracts

Samples: Change in Control Severance Agreement (Parker Hannifin Corp), Change in Control Severance Agreement (Parker Hannifin Corp), Change in Control Severance Agreement (Parker Hannifin Corp)

Compliance with Section 409A of the Code. This Agreement is intended to comply with, or otherwise shall be exempt from interpreted and administered in compliance with the requirements of Section 409A of the Code, Code and any regulations and Treasury guidance promulgated thereunder and all ambiguities shall be interpreted in a manner consistent with such intentthereunder, including the final regulations.

Appears in 3 contracts

Samples: Change of Control Agreement (Marshall & Ilsley Corp), Change of Control Agreement (Marshall & Ilsley Corp), Change of Control Agreement (Marshall & Ilsley Corp)

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Compliance with Section 409A of the Code. This Agreement It is intended to that this Agreement comply with, with or otherwise be exempt from the provisions of Section 409A of the Code, and any regulations and Treasury guidance promulgated thereunder and all ambiguities . This Agreement shall be interpreted 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 other formal guidance promulgated with respect to such intentSection by the U.S. Department of the Treasury or the Internal Revenue Service.

Appears in 2 contracts

Samples: Nonqualified Stock Option Agreement for Employees (Lamb Weston Holdings, Inc.), Nonqualified Stock Option Agreement for Employees (Lamb Weston Holdings, Inc.)

Compliance with Section 409A of the Code. This Agreement is intended to comply with, or otherwise be exempt from with Section 409A of the Code, Code and any regulations and Treasury guidance promulgated thereunder and all ambiguities shall be construed and interpreted in a manner consistent accordance with such intent.

Appears in 1 contract

Samples: Performance Share Agreement (Reynolds American Inc)

Compliance with Section 409A of the Code. This Agreement is intended to comply with, or otherwise be exempt from with Section 409A of the Code, and any regulations and Treasury guidance promulgated thereunder and all ambiguities shall be construed and interpreted in a manner consistent accordance with such intent.

Appears in 1 contract

Samples: Performance Share Agreement (Reynolds American Inc)

Compliance with Section 409A of the Code. This Agreement is intended to comply with, or otherwise be exempt from with the requirements of Section 409A of the Code, Code and any the final regulations and Treasury guidance promulgated issued thereunder and all ambiguities shall be construed and interpreted in a manner consistent with accordance therewith in order to avoid the imposition of additional tax under such intentsection.

Appears in 1 contract

Samples: Employment Agreement (Pulse Electronics Corp)

Compliance with Section 409A of the Code. a. This Agreement is intended shall at all times be construed in a manner to comply with, or otherwise be exempt from with Section 409A of the CodeInternal Revenue Code ("Code Section 409A"), and including, if applicable, compliance with any regulations and Treasury guidance promulgated thereunder and all ambiguities shall be interpreted in a manner consistent with such intent.exemptions from Code Section 409A.

Appears in 1 contract

Samples: Restricted Stock Unit Award Agreement (Pyxus International, Inc.)

Compliance with Section 409A of the Code. This Agreement is intended to comply with, with Section 409A of the Code or otherwise an exemption thereunder and shall be exempt from construed and interpreted in a manner that is consistent with the requirements for avoiding additional taxes or penalties under Section 409A of the Code. In addition, and any regulations and Treasury guidance promulgated thereunder and all ambiguities shall be interpreted in a manner consistent with such intent.notwithstanding anything to the

Appears in 1 contract

Samples: Director Restricted Stock Agreement (Gorman Rupp Co)

Compliance with Section 409A of the Code. This Agreement is intended to comply with, or otherwise be exempt from with Section 409A of the Code, and to the extent applicable. Notwithstanding any regulations and Treasury guidance promulgated thereunder and all ambiguities provisions herein to the contrary, this Agreement shall be interpreted in a manner interpreted, operated, and administered consistent with such this intent.

Appears in 1 contract

Samples: Restricted Stock Unit (Snyder's-Lance, Inc.)

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