Application of Exemptions. For purposes of section 409A of the Code, each “payment” (as defined by section 409A of the Code) made under this Agreement shall be considered a “separate payment.” In addition, for purposes of section 409A of the Code, each such payment shall be deemed exempt from section 409A of the Code to the fullest extent possible under the “short-term deferral” exemption of Treasury Regulation § 1.409A-1(b)(4), as well as any other applicable exemptions.
Appears in 12 contracts
Samples: Employment Agreement (Biogen Inc.), Employment Agreement (Vitae Pharmaceuticals, Inc), Employment Agreement (Vitae Pharmaceuticals, Inc)
