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, and any provision that would cause the Agreement or the Plan to fail to satisfy Section 409A of the Code shall have no force and effect until amended to comply with Section 409A of the Code (which amendment may be retroactive to the extent permitted by Section 409A of the Code and may be made by the Corporation without the consent of the Grantee).
Appears in 15 contracts
Samples: Restricted Share Unit Award Agreement (Aci Worldwide, Inc.), Performance Share Award Agreement (Aci Worldwide, Inc.), Restricted Share Unit Award Agreement (Aci Worldwide, Inc.)
Compliance with Section 409A of the Code. To the extent applicable, it is intended that this Option 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 GranteeOptionee. This Option Agreement and the Plan shall be administered in a manner consistent with this intent, and any provision that would cause the Option Agreement or the Plan to fail to satisfy Section 409A of the Code shall have no force and effect until amended to comply with Section 409A of the Code (which amendment may be retroactive to the extent permitted by Section 409A of the Code and may be made by the Corporation without the consent of the GranteeOptionee).
Appears in 14 contracts
Samples: Stock Option Agreement (Aci Worldwide, Inc.), Stock Option Agreement (Aci Worldwide, Inc.), Supplemental Stock Option Agreement (Aci Worldwide, Inc.)
Compliance with Section 409A of the Code. (i) To the extent applicable, it is intended that this the 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 GranteeHolder. This The Agreement and the Plan shall be administered in a manner consistent with this intent, and any provision that would cause the Agreement or the Plan to fail to satisfy Section 409A of the Code shall have no force and effect until amended to comply with Section 409A of the Code (which amendment may be retroactive to the extent permitted by Section 409A of the Code and may be made by the Corporation Company without the consent of the GranteeHolder).
Appears in 10 contracts
Samples: Restricted Stock Unit Award Agreement (Owens Corning), Award Agreement (Owens Corning), Award Agreement (Owens Corning)
Compliance with Section 409A of the Code. (a) To the extent applicable, it is intended that this the 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 GranteeEmployee. This The Agreement and the Plan shall be administered in a manner consistent with this intent, and any provision that would cause the Agreement or the Plan to fail to satisfy Section 409A of the Code shall have no force and effect until amended to comply with Section 409A of the Code (which amendment may be retroactive to the extent permitted by Section 409A of the Code and may be made by the Corporation without the consent of the GranteeEmployee).
Appears in 4 contracts
Samples: Restricted Unit Award Agreement Terms and Conditions (Harris Corp /De/), Incentive Plan Performance Unit Award Agreement Terms and Conditions (Harris Corp /De/), Restricted Stock Unit Award Agreement (Harris Corp /De/)
Compliance with Section 409A of the Code. (i) To the extent applicable, it is intended that this Agreement and the Plan comply with with, or are 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 the GranteeHolder. This Agreement and the Plan shall be administered in a manner consistent with this intent, and any provision that would cause the this Agreement or the Plan to fail to satisfy Section 409A of the Code shall have no force and effect until amended to comply with Section 409A of the Code (which amendment may be retroactive to the extent permitted by Section 409A of the Code and may be made by the Corporation Company without the consent of the GranteeHolder).
Appears in 4 contracts
Samples: Restricted Stock Unit Award Agreement (Owens Corning), Restricted Stock Unit Award Agreement (Owens Corning), Restricted Stock Unit Award Agreement (Owens Corning)
Compliance with Section 409A of the Code. To the extent applicable, it is intended that this Option 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 GranteeOptionee. This Option Agreement and the Plan shall be administered in a manner consistent with this intent, and any provision that would cause the Option Agreement or the Plan to fail to satisfy Section 409A of the Code shall have no force and effect until amended to comply with Section 409A of the Code (which amendment may be retroactive to the extent permitted by Section 409A of the Code and may be made by the Corporation without the consent of the GranteeOptionee).
Appears in 3 contracts
Samples: Nonqualified Stock Option Agreement (Aci Worldwide, Inc.), Nonqualified Stock Option Agreement (Aci Worldwide, Inc.), Supplemental Nonqualied Stock Option 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 the Granteeyou. This Agreement and the Plan shall be administered in a manner consistent with this intent, and any provision that would cause the this Agreement or the Plan to fail to satisfy Section 409A of the Code shall have no force and effect until amended to comply with Section 409A of the Code (which amendment may be retroactive to the extent permitted by Section 409A of the Code and may be made by the Corporation PolyOne without the consent of the Granteeyour consent).
Appears in 2 contracts
Samples: Polyone Corp, Polyone 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 GranteeOptionee. This Agreement and the Plan shall be administered in a manner consistent with this intent, and any provision that would cause the Agreement or the Plan to fail to satisfy Section 409A of the Code shall have no force and effect until amended to comply with Section 409A of the Code (which amendment may be retroactive to the extent permitted by Section 409A of the Code and may be made by the Corporation Company without the consent of the GranteeOptionee).
Appears in 2 contracts
Samples: Stock Option Agreement (Orchard Enterprises, Inc.), Stock Option Agreement (Transaction Systems Architects 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 GranteeOptionee. This Agreement and the The Plan shall be administered in a manner consistent with this intent, and any provision that would cause the Agreement or the Plan to fail to satisfy Section 409A of the Code shall have no force and effect until amended to comply with Section 409A of the Code (which amendment may be retroactive to the extent permitted by Section 409A of the Code and may be made by the Corporation Company without the consent of any Optionee). The Option shall be subject to the Grantee)foregoing provisions.
Appears in 1 contract
Samples: Employee Stock Option Agreement (National Commerce Corp)
Compliance with Section 409A of the Code. To x.Xx the extent applicable, it is intended that this the 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 GranteeHolder. This The Agreement and the Plan shall be administered in a manner consistent with this intent, and any provision that would cause the Agreement or the Plan to fail to satisfy Section 409A of the Code shall have no force and effect until amended to comply with Section 409A of the Code (which amendment may be retroactive to the extent permitted by Section 409A of the Code and may be made by the Corporation Company without the consent of the GranteeHolder).
Appears in 1 contract
Samples: Award Agreement (Owens Corning)
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 United States Internal Revenue Code, so that the income inclusion provisions of Section 409A(a)(1) of the Code do not apply to the GranteeOptionee. This Agreement and the Plan shall be administered in a manner consistent with this intent, and any provision that would cause the Agreement or the Plan to fail to satisfy Section 409A of the Code shall have no force and effect until amended to comply with Section 409A of the Code (which amendment may be retroactive to the extent permitted by Section 409A of the Code and may be made by the Corporation Company without the consent of the GranteeOptionee).
Appears in 1 contract
Samples: Non Qualified Stock Option Agreement (Oxford Investment Holdings 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 Internal Revenue Code (the βCodeβ), 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, and any provision that would cause the Agreement or the Plan to fail to satisfy Section 409A of the Code shall have no force and effect until amended to comply with Section 409A of the Code (which amendment may be retroactive to the extent permitted by Section 409A of the Code and may be made by the Corporation Company without the consent of the Grantee).
Appears in 1 contract
Samples: Restricted Share Unit Agreement (Harman International Industries Inc /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) of the Code do not apply to the GranteeParticipant. This Agreement and Section 14.2 and the other provisions of the Plan shall be administered in a manner consistent with this intent, and any provision that would cause the this Agreement or the Plan to fail to satisfy Section 409A of the Code shall have no force and or effect until amended to comply with Section 409A of the Code (which amendment may be retroactive to the extent permitted by Section 409A of the Code and may be made by the Corporation without the consent of Participant). Corporation has no duty or obligation to minimize the Grantee).tax consequences
Appears in 1 contract
Samples: Performance Shares Award Agreement (Louisiana-Pacific Corp)