Compliance with Code §409A. For avoidance of doubt, and anything else contained herein to the contrary notwithstanding, if the Company determines in good faith that the settlement of Units pursuant to this Agreement constitutes deferred compensation subject to §409A of the Internal Revenue Code and the regulations and other guidance issued pursuant thereto (“§409A”) then the following shall apply:
Appears in 3 contracts
Samples: Award Agreement (Foster Wheeler LTD), Restricted Stock Unit Agreement (Foster Wheeler LTD), Stock Unit Award Agreement (Foster Wheeler LTD)
Compliance with Code §409A. For avoidance of doubt, and anything else contained herein to the contrary notwithstanding, if the Company determines in good faith that the settlement of Units pursuant to this Agreement constitutes deferred compensation subject to §409A of the Internal Revenue Code and the regulations and other guidance issued pursuant thereto (“§409A”) then then, effective as of January 1, 2005, the following shall apply:
Appears in 1 contract
Samples: Restricted Stock Unit Award Agreement (Foster Wheeler LTD)
