Common use of Amendments to this Agreement to Comply with Section 409A Clause in Contracts

Amendments to this Agreement to Comply with Section 409A. This provision is intended to comply with the requirements of Section 409A so that none of the severance payments and benefits to be provided hereunder will be subject to the additional tax imposed under Section 409A, and any ambiguities herein will be interpreted to so comply. The Company and the Employee agree to work together in good faith to consider amendments to this Agreement and to take such reasonable actions, which are necessary, appropriate or desirable to avoid imposition of any additional tax or income recognition prior to actual payment to the Employee under Section 409A.

Appears in 5 contracts

Samples: Change of Control Severance Agreement (Polycom Inc), Change of Control Severance Agreement (Polycom Inc), Change of Control Severance Agreement (Polycom Inc)

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Amendments to this Agreement to Comply with Section 409A. This provision is intended to comply with the requirements of Section 409A so that none of the severance payments and benefits to be provided hereunder will be subject to the additional tax imposed under Section 409A, and any ambiguities herein will be interpreted to so comply. The Company and the Employee you agree to work together in good faith to consider amendments to this Agreement and to take such reasonable actions, which are necessary, appropriate or desirable to avoid imposition of any additional tax or income recognition prior to actual payment to the Employee you under Section 409A.

Appears in 4 contracts

Samples: Severance Agreement (Polycom Inc), Severance Agreement (Polycom Inc), Severance Agreement (Polycom Inc)

Amendments to this Agreement to Comply with Section 409A. This provision It is intended the intent of this Agreement to comply with the requirements of Section 409A so that none of the severance payments and benefits to be provided hereunder will be subject to the additional tax imposed under Section 409A, and any ambiguities herein will be interpreted to so comply. The Company Executive and the Employee Company agree to work together in good faith to consider amendments to this Agreement and to take such reasonable actions, actions which are necessary, appropriate or desirable to avoid imposition of any additional tax or income recognition under Section 409A prior to actual payment to the Employee under Section 409A.Executive.

Appears in 3 contracts

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

Amendments to this Agreement to Comply with Section 409A. This provision is intended to comply with the requirements of Section 409A so that none of the severance payments and benefits to be provided hereunder will be subject to the additional tax imposed under Section 409A, and any ambiguities herein will be interpreted to so comply. The Company and the Employee agree to work together in good faith to consider amendments to this Agreement and to take such reasonable actions, actions which are necessary, appropriate or desirable to avoid imposition of any additional tax or income recognition prior to actual payment to the Employee under Section 409A.

Appears in 3 contracts

Samples: Change of Control Severance Agreement (Polycom Inc), Change of Control Severance Agreement (Polycom Inc), Change of Control Severance Agreement (Polycom Inc)

Amendments to this Agreement to Comply with Section 409A. This provision is intended to comply with the requirements of Section 409A so that none of the severance payments and benefits to be provided hereunder will be subject to the additional tax imposed under Section 409A, and any ambiguities herein will be interpreted to so comply. The Company and the Employee you agree to work together in good faith to consider amendments to this Agreement and to take such reasonable actions, actions which are necessary, appropriate or desirable to avoid imposition of any additional tax or income recognition prior to actual payment to the Employee you under Section 409A.

Appears in 1 contract

Samples: Severance Agreement (Polycom Inc)

Amendments to this Agreement to Comply with Section 409A. This provision is intended to comply with the requirements of Section 409A so that none of the severance payments and benefits to be provided hereunder will be subject to the additional tax imposed under Section 409A, and any ambiguities herein will be interpreted to so comply. The Company and the Employee Executive agree to work together in good faith to consider amendments to this Agreement and to take such reasonable actions, actions which are necessary, appropriate or desirable to avoid imposition of any additional tax or income recognition prior to actual payment to the Employee under Section 409A.

Appears in 1 contract

Samples: Management Retention Agreement (Epicor Software Corp)

Amendments to this Agreement to Comply with Section 409A. This provision It is intended the intent of this Agreement to comply with the requirements of Section 409A so that none of the severance payments and benefits to be provided hereunder will be subject to the additional tax imposed under Section 409A, and any ambiguities herein will be interpreted to so comply. The Company Executive and the Employee Company agree to work together in good faith to consider amendments to this Agreement and to take such reasonable actions, actions which are necessary, appropriate or desirable to avoid imposition of any additional tax or income recognition under Section 409A prior to actual payment to the Employee under Section 409A.Executive.

Appears in 1 contract

Samples: Employment Agreement (Atmel Corp)

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Amendments to this Agreement to Comply with Section 409A. This provision It is intended the intent of this Agreement to comply with the requirements of Section 409A so that none of the severance payments and benefits to be provided hereunder will be subject to the additional tax imposed under Section 409A, and any ambiguities herein will be interpreted to so comply. The Company Executive and the Employee Company agree to work together in good faith to consider amendments to this Agreement and to take such reasonable actions, which actions that are necessary, appropriate or desirable to avoid imposition of any additional tax or income recognition under Section 409A prior to actual payment to the Employee under Section 409A.Executive.

Appears in 1 contract

Samples: Employment Agreement (Atmel Corp)

Amendments to this Agreement to Comply with Section 409A. This provision is intended to comply with the requirements of Section 409A so that none of the severance payments and benefits to be provided hereunder will be subject to the additional tax imposed under Section 409A, and any ambiguities herein will be interpreted to so comply. The Company and the Employee Executive agree to work together in good faith to consider amendments to this Agreement and to take such reasonable actions, actions which are necessary, appropriate or desirable to avoid imposition of any additional tax or income recognition prior to actual payment to the Employee Executive under Section 409A.

Appears in 1 contract

Samples: Management Retention Agreement (Epicor Software Corp)

Amendments to this Agreement to Comply with Section 409A. This provision It is intended the intent of this Agreement to comply with the requirements of Section 409A so that none of the severance payments and benefits to be provided hereunder will be subject to the additional tax imposed under Section 409A, and any ambiguities herein will be interpreted to so comply. The Company Employee and the Employee Company agree to work together in good faith to consider amendments to this Agreement and to take such reasonable actions, actions which are necessary, appropriate or desirable to avoid imposition of any additional tax or income recognition under Section 409A prior to actual payment to the Employee under Section 409A.Employee.

Appears in 1 contract

Samples: Change of Control and Severance Agreement (TigerLogic CORP)

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