Common use of Avoidance of Additional Taxes Clause in Contracts

Avoidance of Additional Taxes. Notwithstanding any other provision hereof, if the payment of any amounts by the Company hereunder would fail to meet the requirements of Section 409A(a)(1) of the Internal Revenue Code of 1986, as amended, no payment of such amounts hereunder shall be made until six months after the Executive’s termination of employment, at which time the Executive shall be paid a lump sum equal to what would otherwise have been paid during such six-month period, and thereafter payment of the unpaid balance, if any, shall continue on what would otherwise have been the original payment schedule for such unpaid balance.

Avoidance of Additional Taxes. Notwithstanding any other provision hereof, if the payment of any amounts by the Company hereunder would fail to meet the requirements of Section 409A(a)(1) of the Internal Revenue Code of 1986, as amended, no payment of such amounts hereunder shall be made until six months after the Executive’s 's termination of employment, at which time the Executive shall be paid a lump sum equal to what would otherwise have been paid during such six-month period, and thereafter payment of the unpaid balance, if any, shall continue on what would otherwise have been the original payment schedule for such unpaid balance.