Certain Definitions and Additional Terms Sample Clauses

Certain Definitions and Additional Terms. As used herein, the following terms shall have the meanings assigned below:

Certain Definitions and Additional Terms. As used herein, the following capitalized terms shall have the meanings assigned below: (i) Incentive Plan as in effect on the Effective Date; provided, however, that in any circumstance in which the foregoing definition would be operative and with respect to which the tax under Section 409A of the Code would apply or be imposed, but where such tax would not apply or be imposed if the meaning of the term “Change in Control” met the requirements of Section 409A(a)(2)(A)(v) of the Code, then the term “Change in Control” herein shall mean, but only for the transaction so affected, a “change in control event” within the meaning of Treasury regulation section 1.409A–3(i)(5);