Common use of Code Section 409A Compliance Clause in Contracts

Code Section 409A Compliance. If any provision of this Agreement would result in the imposition of an excise tax under Section 409A of the Code and related regulations and Treasury pronouncements (“Section 409A”), that provision will be reformed to avoid imposition of the excise tax and no action taken to comply with Section 409A shall be deemed to impair a benefit under this Agreement.

Appears in 13 contracts

Samples: Non Qualified Stock Option Agreement (Liberty Interactive Corp), Non Qualified Stock Option Agreement (Liberty Media Corp), Non Qualified Stock Option Agreement (Liberty Media Corp)

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Code Section 409A Compliance. If any provision of this Agreement would result in the imposition of an excise tax under Section 409A of the Code and related regulations and Treasury pronouncements ("Section 409A"), that provision will be reformed to avoid imposition of the excise tax and no action taken to comply with Section 409A shall be deemed to impair a benefit under this Agreement.

Appears in 9 contracts

Samples: Stock Appreciation Rights Agreement (Liberty Media Corp), Non Qualified Stock Option Agreement (Liberty Media Corp), Non Qualified Stock Option Agreement (Liberty Media Corp)

Code Section 409A Compliance. If any provision of this Agreement would result in the imposition of an excise additional tax under Section 409A of the Code and related regulations and Treasury pronouncements (“Section 409A”), that provision will be reformed to avoid imposition of the excise additional tax and no action taken to comply with Section 409A shall be deemed to impair a benefit under this Agreement.

Appears in 8 contracts

Samples: Performance Unit Agreement (Oceaneering International Inc), Performance Unit Agreement (Oceaneering International Inc), Performance Unit Agreement (Oceaneering International Inc)

Code Section 409A Compliance. If any provision of this Agreement would result in the imposition of an excise tax under Section 409A of the Code and related regulations and Treasury pronouncements (“Section 409A”), that provision will be reformed to avoid imposition of the excise tax and no action taken to comply with Section 409A (or to provide that the Restricted Shares are exempt from Section 409A) shall be deemed to impair a benefit under this Agreement.

Appears in 6 contracts

Samples: Restricted Stock Award Agreement (Ascent Capital Group, Inc.), Restricted Stock Award Agreement (Ascent Capital Group, Inc.), Restricted Stock Award Agreement (Ascent Capital Group, Inc.)

Code Section 409A Compliance. If any provision of this Agreement would result in the imposition of an excise tax under Section 409A of the Code and or the related regulations and Treasury pronouncements (“Section 409A”), that provision will be reformed to avoid imposition of the excise tax and no action taken to comply with Section 409A shall be deemed to impair a benefit under this Agreement.

Appears in 4 contracts

Samples: Nonqualified Stock Option Agreement (Liberty Interactive Corp), Nonqualified Stock Option Agreement (Liberty Media Corp), Restricted Stock Award Agreement (Liberty Interactive Corp)

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Code Section 409A Compliance. If any provision of this Agreement would result in the imposition of an excise tax under Section 409A of the Code and related regulations and Treasury pronouncements (“Section 409A”), that provision will be reformed to avoid imposition of the excise tax and no action taken to comply with Section 409A shall will be deemed to impair a benefit under this Agreement.

Appears in 3 contracts

Samples: Restricted Stock Award Agreement (Northern Technologies International Corp), Restricted Stock Award Agreement (Northern Technologies International Corp), Restricted Stock Award Agreement (Fargo Electronics Inc)

Code Section 409A Compliance. If any provision of this Agreement would result in the imposition of an excise tax under Section 409A of the Code and related regulations and Treasury pronouncements (“Section 409A”), that provision will be reformed to avoid imposition of the excise tax and no action taken to comply with Section 409A (or to provide that the ASCMA Options are exempt from Section 409A) shall be deemed to impair a benefit under this Agreement.

Appears in 3 contracts

Samples: Non Qualified Stock Option Agreement (Ascent Capital Group, Inc.), Non Qualified Stock Option Agreement (Ascent Capital Group, Inc.), Non Qualified Stock Option Agreement (Ascent Capital Group, Inc.)

Code Section 409A Compliance. If any provision of this Agreement would result in the imposition of an excise tax under Section 409A of the Code and related regulations and Treasury pronouncements (“Section 409A”), that provision will be reformed to avoid imposition of the excise tax and no action taken to comply with Section 409A (or to provide that the Restricted Stock Units are exempt from Section 409A) shall be deemed to impair a benefit under this Agreement.

Appears in 2 contracts

Samples: Performance Based Restricted Stock Units Award Agreement, Performance Based Restricted Stock Units Award Agreement (Ascent Capital Group, Inc.)

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