Common use of Application of Section 409A Clause in Contracts

Application of Section 409A. (a) It is intended that all of the severance payments payable under this Agreement satisfy, to the greatest extent possible, the exemptions from the application of Section 409A of the Code and the regulations and other guidance thereunder and any state law of similar effect (collectively, “Section 409A”) provided under Treasury Regulations Sections 1.409A-1(b)(4) and 1.409A-1(b)(9), and this Agreement will be construed in a manner that complies with Section 409A. If not so exempt, this Agreement (and any definitions hereunder) will be construed in a manner that complies with Section 409A, and incorporates by reference all required definitions and payment terms.

Appears in 28 contracts

Samples: Executive Employment Agreement (Liquidia Corp), Executive Employment Agreement (Liquidia Corp), Executive Employment Agreement (Liquidia Corp)

AutoNDA by SimpleDocs

Application of Section 409A. (a) It is intended that all of the severance payments payable under this Agreement satisfy, to the greatest extent possible, the exemptions from the application of Section 409A of the Code and the regulations and other guidance thereunder and any state law of similar effect (collectively, “Section 409A”) provided under Treasury Regulations Sections 1.409A-1(b)(41.409A- 1 (b)(4) and 1.409A-1(b)(9), and this Agreement will be construed in a manner that complies with Section 409A. If not so exempt, this Agreement (and any definitions hereunder) will be construed in a manner that complies with Section 409A, and incorporates by reference all required definitions and payment terms.

Appears in 17 contracts

Samples: Executive Employment Agreement (PDS Biotechnology Corp), Executive Employment Agreement (PDS Biotechnology Corp), Executive Employment Agreement (PDS Biotechnology Corp)

Application of Section 409A. (a) It is intended that all of the severance payments payable under this Agreement satisfy, to the greatest extent possible, the exemptions from the application of Section 409A of the Code and the regulations and other guidance thereunder and any state law of similar effect (collectively, "Section 409A'') provided under Treasury Regulations Sections 1.409A-1(b)(4l .409A-l(b)(4) and 1.409A-1(b)(91.409A-l(b)(9), and this Agreement will be construed in a manner that complies with Section 409A. If not so exempt, this Agreement (and any definitions hereunder) will be construed in a manner that complies with Section 409A, and incorporates by reference all required definitions and payment terms.and

Appears in 1 contract

Samples: Executive Employment Agreement (Senseonics Holdings, Inc.)

Application of Section 409A. (a) It is intended that all of the severance payments payable under this Agreement satisfy, to the greatest extent possible, the exemptions from the application of Section 409A of the Code and the regulations and other guidance thereunder and any state law of similar effect (collectively, “Section 409A”) provided under Treasury Regulations Sections 1.409A-1(b)(4) and 1.409A-1(b)(9), and this Agreement will be construed in a manner that complies with Section 409A. If not so exempt, this Agreement (and any definitions hereunder) will be construed in a manner that complies with Section 409A, and incorporates by reference all required definitions and payment terms.. No severance payments will be made under this Agreement unless Executive’s termination of employment constitutes a

Appears in 1 contract

Samples: Executive Employment Agreement (Oncobiologics, Inc.)

AutoNDA by SimpleDocs

Application of Section 409A. (a) It is intended that all of the any payments (including severance payments payments) payable under this Agreement satisfy, to the greatest extent possible, the exemptions from the application of Section 409A of the Code and the regulations and other guidance thereunder and any state law of similar effect (collectively, “Section 409A”) provided under Treasury Regulations Sections 1.409A-1(b)(4) and 1.409A-1(b)(9), and this Agreement will be construed in a manner that complies with Section 409A. . If not so exempt, this Agreement (and any definitions hereunder) will be construed in a manner that complies with Section 409A, 409A and incorporates by reference all required definitions and payment terms.

Appears in 1 contract

Samples: Executive Employment Agreement (Liquidia Corp)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!