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

Compliance with Section 409A of the Code. To the extent applicable, it is intended that this Agreement and the Plan comply with the provisions of Section 409A of the Code. This Agreement and the Plan shall be administered in a manner consistent with this intent, and any provision that would cause this Agreement or the Plan to fail to satisfy Section 409A of the Code shall have no force or effect until amended to comply with Section 409A of the Code (which amendment may be retroactive to the extent permitted by Section 409A of the Code and may be made by the Company without the consent of the Grantee).

Appears in 34 contracts

Samples: Performance Share Units Agreement (ENVIRI Corp), Restricted Stock Units Agreement (Harsco Corp), Performance Share Units Agreement (Harsco Corp)

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Compliance with Section 409A of the Code. To the extent applicable, it is intended that this Agreement and the Plan comply with the provisions of Section 409A of the Code. This Agreement and the Plan shall be administered in a manner consistent with this intent, and any provision that would cause this Agreement or the Plan to fail to satisfy Section 409A of the Code shall have no force or effect until amended to comply with Section 409A of the Code (which amendment may be retroactive to the extent permitted by Section 409A of the Code and may be made by the Company Corporation without the consent of the GranteeParticipant).

Appears in 21 contracts

Samples: Restricted Stock Unit Award Agreement (Louisiana-Pacific Corp), Restricted Stock Unit Award Agreement (Louisiana-Pacific Corp), Restricted Stock Unit Award Agreement (Louisiana-Pacific Corp)

Compliance with Section 409A of the Code. To the extent applicable, it is intended that this Agreement and the Plan comply with the provisions of Section 409A of the Code. This Agreement and the Plan shall be administered in a manner consistent with this intent, and any provision that would cause this Agreement or the Plan to fail to satisfy Section 409A of the Code shall have no force or effect until amended to comply with Section 409A of the Code (which amendment may be retroactive to the extent permitted by Section 409A of the Code and may be made by the Company without the consent of the Grantee). Any reference in this Agreement to Section 409A of the Code will also include any proposed, temporary or final regulations, or any other guidance, promulgated with respect to such Section by the U.S. Department of the Treasury or the Internal Revenue Service.

Appears in 15 contracts

Samples: Separation Agreement (Vinebrook Homes Trust, Inc.), Separation Agreement (NexPoint Residential Trust, Inc.), Separation Agreement (NexPoint Real Estate Finance, Inc.)

Compliance with Section 409A of the Code. To the extent applicable, it is intended that this Agreement and the Plan comply with or be exempt from the provisions of Section 409A of the Code. This Agreement and the Plan shall be administered in a manner consistent with this intent, and any provision that would cause this Agreement or the Plan to fail to satisfy Section 409A of the Code shall have no force or effect until amended to comply with or be exempt from Section 409A of the Code (which amendment may be retroactive to the extent permitted by Section 409A of the Code and may be made by the Company without the consent of the GranteeParticipant).

Appears in 5 contracts

Samples: Restricted Stock Unit Award Agreement (Lennox International Inc), Long Term Incentive Award Agreement (Lennox International Inc), Long Term Incentive Award Agreement (Lennox International Inc)

Compliance with Section 409A of the Code. To the extent applicable, it is intended that this Agreement and the Plan comply with the provisions of Section 409A of the Code. This Agreement and the Plan shall be administered in a manner consistent with this intent, and any provision that would cause this the Agreement or the Plan to fail to satisfy Section 409A of the Code shall have no force or and effect until amended to comply with Section 409A of the Code (which amendment may be retroactive to the extent permitted by Section 409A of the Code and may be made by the Company without the consent of the Grantee).

Appears in 4 contracts

Samples: Performance Units Agreement (Ns Group Inc), Deferred Shares Agreement (Timken Co), Performance Unit Agreement (Timken Co)

Compliance with Section 409A of the Code. To the extent applicable, it is intended that this Agreement and the Plan comply with the provisions of Section 409A of the Code. This Agreement and the Plan shall be administered in a manner consistent with this intent, and any provision that would cause this the Agreement or the Plan to fail to satisfy Section 409A of the Code shall have no force or and effect until amended to comply with Section 409A of the Code (which amendment may be retroactive to the extent permitted by Section 409A of the Code and may be made by the Company without the consent of the Grantee).

Appears in 4 contracts

Samples: Deferred Shares Agreement (TimkenSteel Corp), Deferred Shares Agreement (TimkenSteel Corp), Deferred Shares Agreement (Timken Co)

Compliance with Section 409A of the Code. To the extent applicable, it is intended that this Agreement and the Plan comply with or be exempt from the provisions of Section 409A of the Code. This Agreement and the Plan shall be administered in a manner consistent with this intent, and any provision that would cause this Agreement or the Plan to fail to satisfy Section 409A of the Code shall have no force or effect until amended to comply with Section 409A of the Code (which amendment may be retroactive to the extent permitted by Section 409A of the Code and may be made by the Company without the consent of the Grantee).

Appears in 3 contracts

Samples: Employee Restricted Stock Award (Shiloh Industries Inc), Director Restricted Stock Award (Shiloh Industries Inc), Restricted Stock Unit Agreement (Shiloh Industries Inc)

Compliance with Section 409A of the Code. To the extent applicable, it is intended that this Agreement and the Plan comply with or be exempt from the provisions of Section 409A of the Code. This Agreement and the Plan shall be administered in a manner consistent with this intent, and any provision that would cause this Agreement or the Plan to fail to satisfy Section 409A of the Code shall have no force or effect until amended to comply with or be exempt from Section 409A of the Code (which amendment may be retroactive to the extent permitted by Section 409A of the Code and may be made by the Company without the consent of the GranteeParticipant).

Appears in 2 contracts

Samples: Restricted Stock Unit Agreement (Graftech International LTD), Restricted Stock Unit Agreement (Graftech International LTD)

Compliance with Section 409A of the Code. To the extent applicable, it is intended that this Agreement and the Plan comply with the provisions of Section 409A of the Code. This Agreement and the Plan shall be administered in a manner consistent with this intent, and any provision that would cause this Agreement or the Plan to fail to satisfy Section 409A of the Code shall have no force or effect until amended to comply with Section 409A of the Code (which amendment may be retroactive to the extent permitted by Section 409A of the Code and may be made by the Company Corporation without the consent of the GranteeDirector).

Appears in 2 contracts

Samples: Restricted Stock Unit Award Agreement (Louisiana-Pacific Corp), Restricted Stock Unit Award Agreement (Louisiana-Pacific Corp)

Compliance with Section 409A of the Code. To the extent applicable, it is intended that this Agreement and the Plan comply with the provisions of Section 409A of the Code. This Agreement and the Plan shall be administered in a manner consistent with this intent, and any provision that would cause this the Agreement or the Plan to fail to satisfy Section 409A of the Code shall have no force or and effect until amended to comply with Section 409A of the Code (which amendment may be retroactive to the extent permitted by Section 409A of the Code and and, notwithstanding Section 13 hereof, may be made by the Company without the consent of the GranteeOptionee).

Appears in 2 contracts

Samples: Incentive Stock Option Award Agreement (Azz Inc), Incentive Stock Option Agreement (National Interstate CORP)

Compliance with Section 409A of the Code. To the extent applicable, it is intended that this Agreement and the Plan comply with the provisions of Section 409A of the Internal Revenue Code of 1986, as amended (the β€œCode”). This Agreement and the Plan shall be administered in a manner consistent with this intent, and any provision that would cause this the Agreement or the Plan to fail to satisfy Section 409A of the Code shall have no force or and effect until amended to comply with Section 409A of the Code (which amendment may be retroactive to the extent permitted by Section 409A of the Code and may be made by the Company without the consent of the Grantee).

Appears in 1 contract

Samples: Performance Units Agreement (Ns Group Inc)

Compliance with Section 409A of the Code. To the extent applicable, it is intended that this Agreement and the Plan comply with the provisions of Section 409A of the Code. This Agreement and the Plan shall be administered in a manner consistent with this intent, and any provision that would cause this the Agreement or the Plan to fail to satisfy Section 409A of the Code shall have no force or and effect until amended to comply with Section 409A of the Code (which amendment may be retroactive to the extent permitted by Section 409A of the Code and may be made by the Company without the consent of the Grantee).

Appears in 1 contract

Samples: Deferred Shares Agreement (TimkenSteel Corp)

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Compliance with Section 409A of the Code. To the extent applicable, it is intended that this Agreement and the Plan comply with the provisions of Section 409A of the Code. This Agreement and the Plan shall be administered in a manner consistent with this intent, and any provision that would cause this Agreement or the Plan to fail to satisfy Section 409A of the Code shall have no force or effect until amended to comply with Section 409A of the Code (which amendment may be retroactive to the extent permitted by Section 409A of the Code and may be made by the Company without the consent of the GranteeParticipant).

Appears in 1 contract

Samples: Stock Awards Agreement (Stepan Co)

Compliance with Section 409A of the Code. To the extent applicable, it is intended that this Agreement and the Plan comply with the provisions of Section 409A of the Code. This Agreement and the Plan shall be administered in a manner consistent with this intent, and any provision that would cause this the Agreement or the Plan to fail to satisfy Section 409A of the Code shall have no force or and effect until amended to comply with Section 409A of the Code (which amendment may be retroactive to the extent permitted by Section 409A of the Code and may be made by the Company Corporation without the consent of the Grantee).

Appears in 1 contract

Samples: Restricted Shares Agreement (Lamson & Sessions Co)

Compliance with Section 409A of the Code. To the extent applicable, it is intended that this Agreement and the Plan comply with the provisions of Section 409A of the Code. This Agreement and the Plan shall be administered in a manner consistent with this intent, and any provision that would cause this the Agreement or the Plan to fail to satisfy Section 409A of the Code shall have no force or and effect until amended to comply with Section 409A of the Code (which amendment may be retroactive to the extent permitted by Section 409A of the Code and and, notwithstanding Section 11 hereof, may be made by the Company without the consent of the GranteeOptionee).

Appears in 1 contract

Samples: Nonqualified Stock Option Award Agreement (Azz Inc)

Compliance with Section 409A of the Code. To the extent applicable, it is intended that this Agreement and the Plan comply with the provisions of Section 409A of the Code. This Agreement and the Plan shall be administered in a manner consistent with this intent, and any provision that would cause this the Agreement or the Plan to fail to satisfy Section 409A of the Code shall have no force or and effect until amended to comply with Section 409A of the Code (which amendment may be retroactive to the extent permitted by Section 409A of the Code and may be made by the Company Corporation without the consent of the GranteeParticipant).

Appears in 1 contract

Samples: Performance Shares Agreement (Central Hudson Gas & Electric Corp)

Compliance with Section 409A of the Code. To the extent applicable, it is intended that this Agreement and the Plan comply with or be exempt from the provisions of Section 409A of the Code. This Agreement and the Plan shall be administered in a manner consistent with this intent, and any provision that would cause this Agreement or the Plan to fail to satisfy Section 409A of the Code shall have no force or effect until amended to comply with or be exempt from Section 409A of the Code (which amendment may be retroactive to the extent permitted by Section 409A of the Code and may be made by the Company without the consent of the Grantee).

Appears in 1 contract

Samples: Employee Cash Incentive Award (Shiloh Industries Inc)

Compliance with Section 409A of the Code. To the extent applicable, it is intended that this Agreement and the Plan comply with the provisions of Section 409A of the Code. This Agreement and the Plan shall be administered in a manner consistent with this intent, and any provision that would cause this the Agreement or the Plan to fail to satisfy Section 409A of the Code shall have no force or and effect until amended to comply with Section 409A of the Code (which amendment may be retroactive to the extent permitted by Section 409A of the Code and and, notwithstanding Section 12 hereof, may be made by the Company without the consent of the GranteeOptionee).

Appears in 1 contract

Samples: Nonqualified Stock Option Agreement (National Interstate CORP)

Compliance with Section 409A of the Code. To the extent applicable, it is intended that this Agreement and the Plan be exempt from or comply with the provisions of Section 409A of the Code. This Agreement and the Plan shall be administered in a manner consistent with this intent, and any provision that would cause this Agreement or the Plan to fail to satisfy Section 409A of the Code shall have no force or effect until amended to comply with Section 409A of the Code (which amendment may be retroactive to the extent permitted by Section 409A of the Code and may be made by the Company without the consent of the Grantee).

Appears in 1 contract

Samples: Restricted Stock Units Agreement (Horizon Global Corp)

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