Common use of Application of Section 409A Clause in Contracts

Application of Section 409A. The Company makes no representation or warranty and shall have no liability to the Executive or any other person if any provisions of this Agreement are determined to constitute deferred compensation subject to Section 409A of the Code but do not satisfy an exemption from, or the conditions of, such section.

Appears in 6 contracts

Samples: Executive Employment Contract (PMC Commercial Trust /Tx), Executive Employment Contract (PMC Commercial Trust /Tx), Executive Employment Contract (PMC Commercial Trust /Tx)

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Application of Section 409A. The Company makes no representation or warranty and shall have no liability to the Executive or any other person if any provisions of this Restated Agreement are determined to constitute deferred compensation subject to Section 409A of the Code but do not satisfy an exemption from, or the conditions of, such section.

Appears in 2 contracts

Samples: Executive Employment Contract (PMC Commercial Trust /Tx), Executive Employment Contract (PMC Commercial Trust /Tx)

Application of Section 409A. The Company makes no representation or warranty and shall have no liability to the Executive Employee or any other person if any provisions of this Agreement are determined to constitute deferred compensation subject to Section 409A of the Code but do not satisfy an exemption from, or the conditions of, such section.

Appears in 1 contract

Samples: Executive Severance Agreement (Southwestern Energy Co)

Application of Section 409A. The Company makes no representation or warranty and shall have no liability to the Executive or any other person if any provisions of this Agreement are determined to constitute deferred compensation subject to Section 409A of the Code but do not satisfy an exemption from, or the conditions of, such section.” This Agreement may be executed in two or more counterparts.

Appears in 1 contract

Samples: Executive Severance Agreement (Southwestern Energy Co)

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Application of Section 409A. The Company makes no representation or warranty and shall have no liability to the Executive or any other person if any provisions of this Employment Agreement are determined to constitute deferred compensation subject to Section 409A of the Code but do not satisfy an exemption from, or the conditions of, such section.” This Amendment may be executed in two or more counterparts.

Appears in 1 contract

Samples: Executive Employment Contract (PMC Commercial Trust /Tx)

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