Common use of Acknowledgement of 409A Issues Clause in Contracts

Acknowledgement of 409A Issues. Notwithstanding anything herein to the contrary, each Participant (i) acknowledges that this Agreement and the underlying transactions, as currently structured, may be considered to be a deferral of compensation under section 409A of the Internal Revenue Code (“section 409A”) and (ii) agrees that CWEI may, in its own discretion and upon its own initiative and without any action by or consent of the Participants, if existing or future guidance from the Internal Revenue Service or other interpretative authority indicates that such action is necessary or advisable, modify this Agreement and/or restructure the transactions contemplated by this Agreement in any manner CWEI determines is appropriate under the circumstances in an effort to avoid any adverse tax consequences for the Participants and/or CWEI that may otherwise be imposed by section 409A and the Treasury Regulations thereunder, and the Participants hereby consent to any such action that may be taken by CWEI and expressly ratify this Agreement as it may be so amended.

Acknowledgement of 409A Issues. Notwithstanding anything herein to the contrary, each Participant (i) acknowledges that this Agreement and the underlying transactions, as currently structured, may be considered to be a deferral of compensation under section 409A of the Internal Revenue Code (“"section 409A”") and (ii) agrees that CWEI may, in its own discretion and upon its own initiative and without any action by or consent of the Participants, if existing or future guidance from the Internal Revenue Service or other interpretative authority indicates that such action is necessary or advisable, modify this Agreement and/or restructure the transactions contemplated by this Agreement in any manner CWEI determines is appropriate under the circumstances in an effort to avoid any adverse tax consequences for the Participants and/or CWEI that may otherwise be imposed by section 409A and the Treasury Regulations thereunder, and the Participants hereby consent to any such action that may be taken by CWEI and expressly ratify this Agreement as it may be so amended.

Acknowledgement of 409A Issues. Notwithstanding anything herein to the contrary, each Participant (i) acknowledges that this Agreement and the underlying transactions, as currently structured, may be considered to be a deferral of compensation under section 409A of the Internal Revenue Code (“section 409A”) and (ii) agrees that CWEI may, in its own discretion and upon its own initiative and without any action by or consent of the Participants, if existing or future guidance from the Internal Revenue Service or other interpretative authority indicates that such action is necessary or advisable, modify this Agreement and/or restructure the transactions contemplated by this Agreement in any manner CWEI determines is appropriate under the circumstances in an effort to avoid any adverse tax consequences for the Participants and/or CWEI that may otherwise be imposed by section 409A and the Treasury Regulations thereunder, and the Participants hereby consent to any such action that may be taken by CWEI and expressly ratify this Agreement as it may be so amended.. Participation Agreement - East Texas Bossier - Sunny#.DOC

Acknowledgement of 409A Issues. Notwithstanding anything herein to the contrary, each Participant (i) acknowledges that this Agreement and the underlying transactions, as currently structured, may be considered to be a deferral of compensation under section 409A of the Internal Revenue Code (“section 409A”) and (ii) agrees that CWEI may, in its own discretion and upon its own initiative and without any action by or consent of the Participants, if existing or future guidance from the Internal Revenue Service or other interpretative authority indicates that such action is necessary or advisable, modify this Agreement and/or restructure the transactions contemplated by this Agreement in any manner CWEI determines is appropriate under the circumstances in an effort to avoid any adverse tax consequences for the Participants and/or CWEI that may otherwise be imposed by section 409A and the Treasury Regulations thereunder, and the Participants hereby consent to any such action that may be taken by CWEI and expressly ratify this Agreement as it may be so amended.. S LA VI Participation Agreement.doc

Acknowledgement of 409A Issues. Notwithstanding anything herein to the contrary, each Participant (i) acknowledges that this Agreement and the underlying transactions, as currently structured, may be considered to be a deferral of compensation under section 409A of the Internal Revenue Code (“section 409A”) and (ii) agrees that CWEI may, in its own discretion and upon its own initiative and without any action by or consent of the Participants, if existing or future guidance from the Internal Revenue Service or other interpretative authority indicates that such action is necessary or advisable, modify this Agreement and/or restructure the transactions contemplated by this Agreement in any manner CWEI determines is appropriate under the circumstances in an effort to avoid any adverse tax consequences for the Participants and/or CWEI that may otherwise be imposed by section 409A and the Treasury Regulations thereunder, and the Participants hereby consent to any such action that may be taken by CWEI and expressly ratify this Agreement as it may be so amended.. N LA Bossier III Participation Agreement.doc

Acknowledgement of 409A Issues. Notwithstanding anything herein to the contrary, each Participant (i) acknowledges that this Agreement and the underlying transactions, as currently structured, may be considered to be a deferral of compensation under section 409A of the Internal Revenue Code (“"section 409A”") and (ii) agrees that CWEI the Company may, in its own discretion and upon its own initiative and without any action by or consent of the Participants, if existing or future guidance from the Internal Revenue Service or other interpretative authority indicates that such action is necessary or advisable, modify this Agreement and/or restructure the transactions contemplated by this Agreement in any manner CWEI the Company determines is appropriate under the circumstances in an effort to avoid any adverse tax consequences for the Participants and/or CWEI the Company that may otherwise be imposed by section 409A and the Treasury Regulations thereunder, and the Participants hereby consent to any such action that may be taken by CWEI the Company and expressly ratify this Agreement as it may be so amended.. [Signature Pages Follow]

Acknowledgement of 409A Issues. Notwithstanding anything herein to the contrary, each Participant (i) acknowledges that this Agreement and the underlying transactions, as currently structured, may be considered to be a deferral of compensation under section 409A of the Internal Revenue Code (“section 409A”) and (ii) agrees that CWEI may, in its own discretion and upon its own initiative and without any action by or consent of the Participants, if existing or future guidance from the Internal Revenue Service or other interpretative authority indicates that such action is necessary or advisable, modify this Agreement and/or restructure the transactions contemplated by this Agreement in any manner CWEI determines is appropriate under the circumstances in an effort to avoid any adverse tax consequences for the Participants and/or CWEI that may otherwise be imposed by section 409A and the Treasury Regulations thereunder, and the Participants hereby consent to any such action that may be taken by CWEI and expressly ratify this Agreement as it may be so amended.. Xxxxxxxx Co Area Participation Agreement.doc

Acknowledgement of 409A Issues. Notwithstanding anything herein to the contrary, each Participant (i) acknowledges that this Agreement and the underlying transactions, as currently structured, may be considered to be a deferral of compensation under section 409A of the Internal Revenue Code (“section 409A”) and (ii) agrees that CWEI may, in its own discretion and upon its own initiative and without any action by or consent of the Participants, if existing or future guidance from the Internal Revenue Service or other interpretative authority indicates that such action is necessary or advisable, modify this Agreement and/or restructure the transactions contemplated by this Agreement in any manner CWEI determines is appropriate under the circumstances in an effort to avoid any adverse tax consequences for the Participants and/or CWEI that may otherwise be imposed by section 409A and the Treasury Regulations thereunder, and the Participants hereby consent to any such action that may be taken by CWEI and expressly ratify this Agreement as it may be so amended.. H:\DOCS\26639\60\SacBasI\PRTAGR08.DOC

Acknowledgement of 409A Issues. Notwithstanding anything herein to the contrary, each Participant (i) acknowledges that this Agreement and the underlying transactions, as currently structured, may be considered to be a deferral of compensation under section 409A of the Internal Revenue Code (“section 409A”) and (ii) agrees that CWEI may, in its own discretion and upon its own initiative and without any action by or consent of the Participants, if existing or future guidance from the Internal Revenue Service or other interpretative authority indicates that such action is necessary or advisable, modify this Agreement and/or restructure the transactions contemplated by this Agreement in any manner CWEI determines is appropriate under the circumstances in an effort to avoid any adverse tax consequences for the Participants and/or CWEI that may otherwise be imposed by section 409A and the Treasury Regulations thereunder, and the Participants hereby consent to any such action that may be taken by CWEI and expressly ratify this Agreement as it may be so amended.. Xxxxxxx Area Participation Agreement.doc

Acknowledgement of 409A Issues. Notwithstanding anything herein to the contrary, each Participant (i) acknowledges that this Agreement and the underlying transactions, as currently structured, may be considered to be a deferral of compensation under section 409A of the Internal Revenue Code (“section 409A”) and (ii) agrees that CWEI may, in its own discretion and upon its own initiative and without any action by or consent of the Participants, if existing or future guidance from the Internal Revenue Service or other interpretative authority indicates that such action is necessary or advisable, modify this Agreement and/or restructure the transactions contemplated by this Agreement in any manner CWEI determines is appropriate under the circumstances in an effort to avoid any adverse tax consequences for the Participants and/or CWEI that may otherwise be imposed by section 409A and the Treasury Regulations thereunder, and the Participants hereby consent to any such action that may be taken by CWEI and expressly ratify this Agreement as it may be so amended.. N LA Hosston-CV III Participation Agreement.doc