Common use of Compliance with Code Section 409A Clause in Contracts

Compliance with Code Section 409A. The Employer and the Executive intend that the Agreement comply with the provisions of Code Section 409A to prevent the inclusion in gross income of any amounts deferred hereunder in a taxable year prior to the year in which amounts are actually paid to the Executive or Beneficiary. This Agreement shall be construed, administered and governed in a manner that affects such intent, and the Administrator shall not take any action that would be inconsistent therewith.

Appears in 85 contracts

Samples: Salary Continuation Agreement (Orrstown Financial Services Inc), Deferred Compensation Agreement (Eagle Bancorp Montana, Inc.), Supplemental Executive Retirement Agreement (Farmers & Merchants Bancshares, Inc.)

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Compliance with Code Section 409A. The Employer and the Executive intend that the Agreement comply with the provisions of Code Section 409A to prevent the inclusion in gross income of any amounts deferred hereunder in a taxable year prior to the year in which amounts are actually paid to the Executive or Beneficiary. This Agreement shall be construed, administered and governed in a manner that affects effects such intent, and the Administrator shall not take any action that would be inconsistent therewith.

Appears in 4 contracts

Samples: Deferred Compensation Agreement (Riverview Financial Corp), Salary Continuation Agreement (First Clover Leaf Financial Corp.), Salary Continuation Agreement (First Clover Leaf Financial Corp.)

Compliance with Code Section 409A. The Employer and the Executive intend that the Agreement comply with the provisions of Code Section 409A to prevent the inclusion in gross income of any amounts deferred hereunder in a taxable year prior to the year in which amounts are actually paid to the Executive or Beneficiary. This Agreement shall be construed, administered and governed in a manner that affects effects such intent, and the Administrator shall not take any action that would be inconsistent therewith.

Appears in 3 contracts

Samples: Supplemental Retirement Benefit Agreement, Supplemental Retirement Benefit Agreement (Midland States Bancorp, Inc.), Supplemental Retirement Benefit Agreement (Midland States Bancorp, Inc.)

Compliance with Code Section 409A. The Employer and the Executive intend that the this Agreement comply with the provisions of Code Section 409A to prevent the inclusion in gross income of any amounts deferred hereunder in a taxable year prior to the year in which amounts are actually paid to the Executive or Beneficiary. This Agreement shall be construed, administered and governed in a manner that affects such intent, and the Administrator shall not take any action that would be inconsistent therewith.

Appears in 3 contracts

Samples: Salary Continuation Agreement (Community West Bancshares /), Salary Continuation Agreement (Community West Bancshares /), Salary Continuation Agreement (Community West Bancshares /)

Compliance with Code Section 409A. The Employer and the Executive intend that the Agreement comply with the provisions of Code Section 409A to prevent the inclusion in gross income of any amounts deferred hereunder in a taxable year prior to the year in which amounts are actually paid to the Executive or Beneficiary. This Agreement shall be construed, administered and governed in a manner that affects such intent, and the Administrator shall not take any action that would be inconsistent therewith. In no event may Executive or Beneficiary, directly or indirectly, designate the calendar year of any payment.

Appears in 1 contract

Samples: Deferred Compensation Agreement (Lakeland Bancorp Inc)

Compliance with Code Section 409A. The Employer and the Executive intend that the Agreement comply with the provisions of Code Section 409A to prevent the inclusion in gross income of any amounts deferred hereunder in a taxable year prior to the year in which amounts are actually paid to the Executive or BeneficiaryExecutive. This Agreement shall be construed, administered and governed in a manner that affects such intent, and the Administrator shall not take any action that would be inconsistent therewith.

Appears in 1 contract

Samples: Salary Continuation Agreement (Valley Commerce Bancorp)

Compliance with Code Section 409A. The Employer Company and the Executive intend that the Agreement comply with the provisions of Code Section 409A to prevent the inclusion in gross income of any amounts deferred hereunder in a taxable year prior to the year in which amounts are actually paid to the Executive or Beneficiary. This Agreement shall be construed, administered and governed in a manner that affects such intent, and the Administrator shall not take any action that would be inconsistent therewith.

Appears in 1 contract

Samples: Supplemental Executive Retirement Agreement (MUNCY COLUMBIA FINANCIAL Corp)

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Compliance with Code Section 409A. The Employer and the Executive intend that the Agreement comply with the provisions of Code Section 409A to prevent the inclusion in gross income of any amounts deferred hereunder in a taxable year prior to the year in which amounts are actually paid to the Executive or Beneficiary. This Agreement shall be construed, administered and governed in In a manner that affects such intent, and the Administrator shall not take any action that would be inconsistent therewith.

Appears in 1 contract

Samples: Supplemental Executive Retirement Plan (CCFNB Bancorp Inc)

Compliance with Code Section 409A. The Employer and the Executive intend that the Agreement comply with the provisions of Code Section 409A to prevent the inclusion in gross income of any amounts deferred hereunder in a taxable year prior to the year in which amounts are actually paid to the Executive or Beneficiary. , This Agreement shall be construed, administered and governed in a manner that affects such intent, and the Administrator shall not take any action that would be inconsistent therewith.,

Appears in 1 contract

Samples: Supplemental Executive Retirement Plan (Riverview Financial Corp)

Compliance with Code Section 409A. The Employer and the Executive intend that the Agreement comply with the provisions of Code Section 409A 4-09A to prevent the inclusion in gross income of any amounts deferred hereunder in a taxable year prior to the year in which amounts are actually paid to the Executive or Beneficiary. This Agreement shall be construed, administered and governed in a manner that affects such intent, and the Administrator shall not take any action that would be inconsistent therewith.

Appears in 1 contract

Samples: Supplemental Executive Retirement Plan (MUNCY COLUMBIA FINANCIAL Corp)

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