Common use of Application of Exemptions Clause in Contracts

Application of Exemptions. For purposes of Code Section 409A, each “payment” (as defined by Code Section 409A) made under this Agreement will be considered a “separate payment.” In addition, for purposes of Code Section 409A, each such payment will be deemed exempt from Code Section 409A to the fullest extent possible under (i) the “short-term deferral” exemption of Treasury Regulation § 1.409A-1((b)(4), and (ii) with respect to any additional amounts paid no later than the second (2nd) calendar year following the calendar year containing your Termination Date, the “involuntary separation” pay exemption of Treasury Regulation § 1.409A-1(b)(9)(iii), which are hereby incorporated by reference.

Appears in 19 contracts

Samples: Employment Agreement (Tyson Foods Inc), Employment Agreement (Tyson Foods Inc), Employment Agreement (Tyson Foods Inc)

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Application of Exemptions. For purposes of Code Section 409A409A of the Code, each “payment” (as defined by Code Section 409A409A of the Code) made under this Agreement will shall be considered a “separate payment.” In addition, for purposes of Code Section 409A409A of the Code, each such payment will shall be deemed exempt from Code Section 409A of the Code to the fullest full extent possible under (i) the “short-term deferral” exemption of Treasury Regulation § 1.409A-1((b)(4), ) and (ii) with respect to any additional amounts paid no later than the second (2nd) calendar year following the calendar year containing your the Executive’s Termination Date, ) the “involuntary separationtwo-years/two-timesseparation pay exemption of Treasury Regulation § 1.409A-1(b)(9)(iii), which are hereby incorporated by reference.

Appears in 3 contracts

Samples: Employment Agreement (Foster Wheeler Ag), Employment Agreement (Foster Wheeler Ag), Employment Agreement (Foster Wheeler Ag)

Application of Exemptions. For purposes of Code Section 409A, each “payment” (as defined by Code Section 409A) made under this Agreement will be considered a “separate payment.” In addition, for purposes of Code Section 409A, each such payment will be deemed exempt from Code Section 409A to the fullest extent possible under (i) the “short-term deferral” exemption of Treasury Regulation § 1.409A-1((b)(41.409A-1 ((b)(4), and (ii) with respect to any additional amounts paid no later than the second (2nd) calendar year following the calendar year containing your Termination Date, the “involuntary separation” pay exemption of Treasury Regulation § 1.409A-1(b)(9)(iii1.409A-l(b)(9)(iii), which are hereby incorporated by reference.

Appears in 3 contracts

Samples: Employment Agreement (Tyson Foods, Inc.), Employment Agreement (Tyson Foods Inc), Employment Agreement (Tyson Foods Inc)

Application of Exemptions. For purposes of Code Section 409A, each “payment” (as defined by Code Section 409A) made under this Agreement will be considered a “separate payment.” In addition, for purposes of Code Section 409A, each such payment will be deemed exempt from Code Section 409A to the fullest extent possible under (i) the “short-term deferral” exemption of Treasury Regulation § 1.409A-1((b)(41.409A-1(b)(4), and (ii) with respect to any additional amounts paid no later than the second (2nd) calendar year following the calendar year containing your Termination Date, the “involuntary separation” pay exemption of Treasury Regulation § 1.409A-1(b)(9)(iii1.409A-l(b)(9)(iii), which are hereby incorporated by reference.

Appears in 3 contracts

Samples: Employment Agreement (Tyson Foods, Inc.), General Release Agreement (Tyson Foods, Inc.), Employment Agreement (Tyson Foods, Inc.)

Application of Exemptions. For purposes of Code Section 409A, each “payment” (as defined by Code Section 409A) made under this Agreement will be considered a “separate payment.” In addition, for purposes of Code Section 409A, each such payment will be deemed exempt from Code Section 409A to the fullest extent possible under (i) the “short-term deferral” exemption of Treasury Regulation § 1.409A-1((b)(41.409A-1(b)(4), and (ii) with respect to any additional amounts paid no later than the second (2nd) calendar year following the calendar year containing your Termination Date, the “involuntary separation” pay exemption of Treasury Regulation § 1.409A-1(b)(9)(iii), which are hereby incorporated by reference.

Appears in 2 contracts

Samples: Employment Agreement (Tyson Foods Inc), Employment Agreement (Tyson Foods Inc)

Application of Exemptions. For purposes of Code Section 409A, each “payment” (as defined by Code Section 409A) made under this Agreement will be considered a “separate payment.” In addition, for purposes of Code Section 409A, each such payment will be deemed exempt from Code Section 409A to the fullest extent possible under (i) the “short-term deferral” exemption of Treasury Regulation § 1.409A-1((b)(4), and (ii) with respect to any additional amounts paid no later than the second (2nd) calendar Exhibit 10.5 year following the calendar year containing your Termination Date, the “involuntary separation” pay exemption of Treasury Regulation § 1.409A-1(b)(9)(iii), which are hereby incorporated by reference.

Appears in 1 contract

Samples: Employment Agreement (Tyson Foods Inc)

Application of Exemptions. For purposes of Code Section 409A, each "payment" (as defined by Code Section 409A) made under this Agreement will be considered a "separate payment." In addition, for purposes of Code Section 409A, each such payment will be deemed exempt from Code Section 409A to the fullest extent possible under (i) the "short-term deferral" exemption of Treasury Regulation § 1.409A-1((b)(41.409A-l((b)(4), and (ii) with respect to any additional amounts paid no later than the second (2nd) calendar year following the calendar year containing your Termination Date, the "involuntary separation" pay exemption of Treasury Regulation § 1.409A-1(b)(9)(iiiRegulation§ 1.409A-l(b)(9)(iii), which are hereby incorporated by reference.

Appears in 1 contract

Samples: Employment Agreement (Tyson Foods Inc)

Application of Exemptions. For purposes of Code Section 409A, each “payment” (as defined by Code Section 409A) made under this Agreement will be considered a “separate payment.” In addition, for purposes of Code Section 409A, each such payment will be deemed exempt from Code Section 409A to the fullest extent possible under (i) the “short-term deferral” exemption of Treasury Regulation § 1.409A-1((b)(41.409A-1 ((b)(4), and (ii) with respect to any additional amounts paid no later than the second (2nd) calendar year following the calendar year containing your Termination Date, the “involuntary separation” pay exemption of Treasury Regulation § 1.409A-1(b)(9)(iii1.409A–l(b)(9)(iii), which are hereby incorporated by reference.

Appears in 1 contract

Samples: Employment Agreement (Tyson Foods Inc)

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Application of Exemptions. For purposes of Code Section 409A, each “payment” (as defined by Code Section 409A) made under this Agreement will be considered a “separate payment.” In Exhibit 10.3 addition, for purposes of Code Section 409A, each such payment will be deemed exempt from Code Section 409A to the fullest extent possible under (i) the “short-term deferral” exemption of Treasury Regulation § 1.409A-1((b)(4), and (ii) with respect to any additional amounts paid no later than the second (2nd) calendar year following the calendar year containing your Termination Date, the “involuntary separation” pay exemption of Treasury Regulation § 1.409A-1(b)(9)(iii), which are hereby incorporated by reference.

Appears in 1 contract

Samples: Employment Agreement (Tyson Foods Inc)

Application of Exemptions. For purposes of Code Section 409A, each “payment” (as defined by Code Section 409A) made under this Agreement will be considered a “separate payment.” In addition, for purposes of Code Section 409A, each such payment will be deemed exempt from Code Section 409A to the fullest extent possible under (i) the “short-term deferral” exemption of Treasury Regulation § 1.409A-1((b)(41.409A-1 (b)(4), and (ii) with respect to any additional amounts paid no later than the second (2nd) calendar year following the calendar year containing your Termination Date, the “involuntary separation” pay exemption of Treasury Regulation § 1.409A-1(b)(9)(iii1.409A-l (b)(9)(iii), which are hereby incorporated by reference.

Appears in 1 contract

Samples: Employment Agreement (Tyson Foods Inc)

Application of Exemptions. For purposes of Code Section 409A, each “payment” (as defined by Code Section 409A) made under this Agreement will be considered a “separate payment.” In Exhibit 10.2 addition, for purposes of Code Section 409A, each such payment will be deemed exempt from Code Section 409A to the fullest extent possible under (i) the “short-term deferral” exemption of Treasury Regulation § 1.409A-1((b)(4), and (ii) with respect to any additional amounts paid no later than the second (2nd) calendar year following the calendar year containing your Termination Date, the “involuntary separation” pay exemption of Treasury Regulation § 1.409A-1(b)(9)(iii), which are hereby incorporated by reference.

Appears in 1 contract

Samples: Employment Agreement (Tyson Foods Inc)

Application of Exemptions. For purposes of Code Section 409A, each "payment" (as defined by Code Section 409A) made under this Agreement will be considered a "separate payment." In addition, for purposes of Code Section 409A, each such payment will be deemed exempt from Code Section 409A to the fullest extent possible under (i) the "short-term deferral" exemption of Treasury Regulation § 1.409A-1((b)(4l.409A-1((b)(4), and (ii) with respect to any additional amounts paid no later than the second (2nd) calendar year following the calendar year containing your Termination Date, the "involuntary separation" pay exemption of Treasury Regulation § 1.409A-1(b)(9)(iii1.409A-l (b)(9)(iii), which are hereby incorporated by reference.

Appears in 1 contract

Samples: Employment Agreement (Tyson Foods Inc)

Application of Exemptions. For purposes of Code Section 409A, each “payment” (as defined by Code Section 409A) made under this Agreement will be considered a “separate payment.” In Exhibit 10.4 addition, for purposes of Code Section 409A, each such payment will be deemed exempt from Code Section 409A to the fullest extent possible under (i) the “short-term deferral” exemption of Treasury Regulation § 1.409A-1((b)(4), and (ii) with respect to any additional amounts paid no later than the second (2nd) calendar year following the calendar year containing your Termination Date, the “involuntary separation” pay exemption of Treasury Regulation § 1.409A-1(b)(9)(iii), which are hereby incorporated by reference.

Appears in 1 contract

Samples: Employment Agreement (Tyson Foods Inc)

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