Common use of Blue Penciling Clause in Contracts

Blue Penciling. To the extent that any provision herein or in any plan of nonqualified deferred compensation that this document is a part of contravenes the requirements of Code Section 409A or the regulations thereunder), such provision shall be appropriately modified in accordance with available IRS guidance (including without limitation IRS Notice 2010-6 and related guidance) so that Executive is not subject to the adverse effects of Code Section 409A but will nevertheless retain, to the extent possible, the economic benefit of the provision.

Appears in 15 contracts

Samples: Employment Agreement (Intercept Pharmaceuticals, Inc.), Employment Agreement, Employment Agreement

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Blue Penciling. To the extent that any provision herein or in any plan of nonqualified deferred compensation that this document is a part of contravenes the requirements of Code Section 409A (or the regulations thereunder), such provision shall be appropriately modified in accordance with available IRS guidance (including without limitation IRS Notice 2010-6 and related guidance) so that Executive is not subject to the adverse effects of Code Section 409A but will nevertheless retain, to the extent possible, the economic benefit of the provision.

Appears in 3 contracts

Samples: Employment Agreement (Intercept Pharmaceuticals, Inc.), Employment Agreement (Intercept Pharmaceuticals, Inc.), Employment Agreement (Intercept Pharmaceuticals, Inc.)

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