Common use of 409A Clause in Contracts

409A. Notwithstanding any other provisions of this Agreement or the Plan, this RSU shall not be deferred, accelerated, extended, paid out or modified in a manner that would result in the imposition of an additional tax under Section 409A of the Code upon the Participant. In the event it is reasonably determined by the Committee that, as a result of Section 409A of the Code, the transfer of Class A Shares under this Agreement may not be made at the time contemplated hereunder without causing the Participant to be subject to taxation under Section 409A of the Code (including due to the Participant's status as a "specified employee" within the meaning of Section 409A of the Code), the Company will make such payment on the first day that would not result in the Participant incurring any tax liability under Section 409A of the Code.

Appears in 12 contracts

Samples: Restricted Share Unit Agreement (Hovnanian Enterprises Inc), Restricted Share Unit Agreement (Hovnanian Enterprises Inc), Restricted Share Unit Agreement (Hovnanian Enterprises Inc)

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409A. Notwithstanding any other provisions of this Agreement or the Plan, the PSUs covered by this RSU Agreement shall not be deferred, accelerated, extended, paid out or modified in a manner that would result in the imposition of an additional tax under Section 409A of the Code upon the Participant. In the event it is reasonably determined by the Committee that, as a result of Section 409A of the Code, the transfer of Class A Shares under this Agreement may not be made at the time contemplated hereunder without causing the Participant to be subject to taxation under Section 409A of the Code (including due to the Participant's status as a "specified employee" within the meaning of Section 409A of the Code), the Company will make such payment on the first day that would not result in the Participant incurring any tax liability under Section 409A of the Code.

Appears in 10 contracts

Samples: Performance Share Unit Agreement (Hovnanian Enterprises Inc), Performance Share Unit Agreement (Hovnanian Enterprises Inc), Performance Share Unit Agreement (Hovnanian Enterprises Inc)

409A. Notwithstanding any other provisions of this Agreement or the Plan, this RSU shall not be deferred, accelerated, extended, paid out or modified in a manner that would result in the imposition of an additional tax under Section 409A of the Code upon the Participant. In the event it is reasonably determined by the Committee that, as a result of Section 409A of the Code, the transfer of Class A Shares under this Agreement may not be made at the time contemplated hereunder without causing the Participant to be subject to taxation under Section 409A of the Code (including due to the Participant's ’s status as a "specified employee" within the meaning of Section 409A of the Code), the Company will make such payment on the first day that would not result in the Participant incurring any tax liability under Section 409A of the Code.

Appears in 7 contracts

Samples: Restricted Share Unit Agreement, Restricted Share Unit Agreement, Restricted Share Unit Agreement (Hovnanian Enterprises Inc)

409A. Notwithstanding any other provisions of this Agreement or the Plan, the PSUs covered by this RSU Agreement shall not be deferred, accelerated, extended, paid out or modified in a manner that would result in the imposition of an additional tax under Section 409A of the Code upon the Participant. In the event it is reasonably determined by the Committee that, as a result of Section 409A of the Code, the transfer of Class A B Shares under this Agreement may not be made at the time contemplated hereunder without causing the Participant to be subject to taxation under Section 409A of the Code (including due to the Participant's status as a "specified employee" within the meaning of Section 409A of the Code), the Company will make such payment on the first day that would not result in the Participant incurring any tax liability under Section 409A of the Code.

Appears in 7 contracts

Samples: Performance Share Unit Agreement (Hovnanian Enterprises Inc), Performance Share Unit Agreement (Hovnanian Enterprises Inc), Performance Share Unit Agreement (Hovnanian Enterprises Inc)

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409A. Notwithstanding any other provisions of this Agreement or the Plan, this RSU shall not be deferred, accelerated, extended, paid out or modified in a manner that would result in the imposition of an additional tax under Section 409A of the Code upon the Participant. In the event it is reasonably determined by the Committee that, as a result of Section 409A of the Code, the transfer of Class A B Shares under this Agreement may not be made at the time contemplated hereunder without causing the Participant to be subject to taxation under Section 409A of the Code (including due to the Participant's status as a "specified employee" within the meaning of Section 409A of the Code), the Company will make such payment on the first day that would not result in the Participant incurring any tax liability under Section 409A of the Code.

Appears in 1 contract

Samples: Restricted Share Unit Agreement (Hovnanian Enterprises Inc)

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