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

Compliance with Section 409A of the Code. Notwithstanding anything herein to the contrary, any payments to be made in accordance with this Agreement shall not be made prior to the date that is 185 calendar days from the date of termination of employment of the Executive if it is determined by CFF in good faith that such payments are subject to the limitations set forth at Section 409A of the Code and regulations promulgated thereunder, and payments made in advance of such date would result in the requirement that Executive pay additional interest and taxes in accordance with Section 409A(a)(1)(B) of the Code.

Appears in 9 contracts

Samples: Change of Control Agreement (Capitol Federal Financial, Inc.), Change of Control Agreement (Capitol Federal Financial, Inc.), Change of Control Agreement (Capitol Federal Financial, Inc.)

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Compliance with Section 409A of the Code. Notwithstanding anything herein to the contrary, any payments to be made in accordance with this Agreement shall not be made prior to the date that is 185 calendar days from the date of termination of employment of the Executive if it is determined by CFF SFBC in good faith that such payments are subject to the limitations set forth at in Section 409A of the Code and regulations promulgated thereunder, and payments made in advance of such date would result in the requirement that Executive pay additional interest and taxes in accordance with Section 409A(a)(1)(B) of the Code.

Appears in 5 contracts

Samples: Change of Control Agreement (Sound Financial Bancorp, Inc.), Change of Control Agreement (Sound Financial Bancorp, Inc.), Change of Control Agreement (Sound Financial Bancorp, Inc.)

Compliance with Section 409A of the Code. Notwithstanding anything herein to the contrary, any payments to be made in accordance with this Agreement shall not be made prior to the date that is 185 calendar days from the date of termination of employment of the Executive if it is determined by CFF Holding Company in good faith that such payments are subject to the limitations set forth at Section 409A of the Code and regulations promulgated thereunder, and payments made in advance of such date would result in the requirement that Executive pay additional interest and taxes in accordance with Section 409A(a)(1)(B) of the Code.

Appears in 4 contracts

Samples: Change of Control Agreement (Sunshine Financial Inc), Change of Control Agreement (Sunshine Financial Inc), Change of Control Agreement (Sunshine Financial Inc)

Compliance with Section 409A of the Code. Notwithstanding anything herein to the contrary, any payments to be made in accordance with this Agreement shall not be made prior to the date that is 185 calendar days from the date of termination of employment of the Executive if it is determined by CFF the Bank in good faith that such payments are subject to the limitations set forth at Section 409A of the Code and regulations promulgated thereunder, and payments made in advance of such date would result in the requirement that Executive pay additional interest and taxes in accordance with Section 409A(a)(1)(B) of 409A(a)(1)(B)of the Code.

Appears in 3 contracts

Samples: Change of Control Agreement (FS Bancorp, Inc.), Change of Control Agreement (FS Bancorp, Inc.), Change of Control Agreement (1st Security Bancorp Inc)

Compliance with Section 409A of the Code. Notwithstanding Not withstanding anything herein to the contrary, any payments to be made in accordance with this Sections 6 or 9 of the Agreement shall not be made prior to the date that is 185 183 calendar days from the date of termination of employment of the Executive if it is determined by CFF the Savings Bank or the Parent in good faith that such payments to be made to such Executive are subject to the limitations set forth at Section 409A of the Code and regulations promulgated thereunder, and payments made in advance of such date would result in the requirement that for the Executive to pay additional interest and taxes to be imposed in accordance with Section 409A(a)(1)(B) of the Code. 20.

Appears in 3 contracts

Samples: Employment Agreement (American Bancorp of New Jersey Inc), Employment Agreement (American Bancorp of New Jersey Inc), Employment Agreement (American Bancorp of New Jersey Inc)

Compliance with Section 409A of the Code. Notwithstanding anything herein to the contrary, any payments to be made in accordance with this Agreement shall not be made prior to the date that is 185 calendar days from the date of termination of employment of the Executive if it is determined by CFF SFBC in good faith that such payments are subject to the limitations set forth at Section 409A of the Code and regulations promulgated thereunder, and payments made in advance of such date would result in the requirement that Executive pay additional interest and taxes in accordance with Section 409A(a)(1)(B) of the Code.

Appears in 2 contracts

Samples: Change of Control Agreement (Sound Financial Bancorp, Inc.), Change of Control Agreement (Sound Financial Bancorp, Inc.)

Compliance with Section 409A of the Code. Notwithstanding anything herein to the contrary, any payments to be made in accordance with this Agreement shall not be made prior to the date that is 185 calendar days from the date of termination of employment of the Executive if it is determined by CFF CFC in good faith that such payments are subject to the limitations set forth at Section 409A of the Code and regulations promulgated thereunder, and payments made in advance of such date would result in the requirement that Executive pay additional interest and taxes in accordance with Section 409A(a)(1)(B) of the Code.

Appears in 2 contracts

Samples: Change of Control Agreement (Community Financial Corp /Va/), Change of Control Agreement (Community Financial Corp /Va/)

Compliance with Section 409A of the Code. Notwithstanding anything herein to the contrary, any payments to be made in accordance with this Agreement shall not be made prior to the date that is 185 calendar days from the date of termination of employment of the Executive if it is determined by CFF CFC in good faith that such payments are subject to the limitations set forth at Section 409A of the Code and regulations promulgated thereunder, and payments made in advance of such date would result in the requirement that Executive pay additional interest and taxes in accordance with Section 409A(a)(1)(B) of 409A(a)(1)(B)of the Code.. 4NEXT PAGE

Appears in 1 contract

Samples: Change of Control Agreement (Community Financial Corp /Va/)

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Compliance with Section 409A of the Code. Notwithstanding anything herein to the contrary, any payments to be made in accordance with this Agreement shall not be made prior to the date that is 185 calendar days from the date of termination of employment of the Executive if it is determined by CFF CFC in good faith that such payments are subject to the limitations set forth at Section 409A of the Code and regulations promulgated thereunder, and payments made in advance of such date would result in the requirement that Executive pay additional interest and taxes in accordance with Section 409A(a)(1)(B) of 409A(a)(1)(B)of the Code.. 5NEXT PAGE

Appears in 1 contract

Samples: Change of Control Agreement (Community Financial Corp /Va/)

Compliance with Section 409A of the Code. Notwithstanding anything herein to the contrary, any payments to be made in accordance with this Agreement shall not be made prior to the date that is 185 calendar days from the date of termination of employment of the Executive if it is determined by CFF CFC in good faith that such payments are subject to the limitations set forth at Section 409A of the Code and regulations promulgated thereunder, and payments made in advance of such date would result in the requirement that Executive pay additional interest and taxes in accordance with Section 409A(a)(1)(B) of 409A(a)(1)(B)of the Code.

Appears in 1 contract

Samples: Change of Control Agreement (Community Financial Corp /Va/)

Compliance with Section 409A of the Code. Notwithstanding anything herein to the contrary, any payments to be made in accordance with this Agreement shall not be made prior to the date that is 185 calendar days from the date of termination of employment of the Executive if it is determined by CFF SFBC in good faith that such payments are subject to the limitations set forth at in Section 409A of the Code and regulations promulgated thereunder, and payments made in advance of such date would result in the requirement that Executive pay additional interest and taxes in accordance with Section 409A(a)(1)(B) of the Code.

Appears in 1 contract

Samples: Change in Control Agreement (Sound Financial Bancorp, Inc.)

Compliance with Section 409A of the Code. Notwithstanding anything herein to the contrary, any payments to be made in accordance with this Agreement shall not be made prior to the date that is 185 183 calendar days from the date of termination of employment of the Executive if it is determined by CFF CCB in good faith that such payments are subject to the limitations set forth at Section 409A of the Code and regulations promulgated thereunder, and payments made in advance of such date would result in the requirement that Executive pay additional interest and taxes in accordance with Section 409A(a)(1)(B) of 409A(a)(1)(B)of the Code.

Appears in 1 contract

Samples: Change of Control Agreement (Century Commercial Bancorp Inc)

Compliance with Section 409A of the Code. Notwithstanding anything herein to the contrary, any payments to be made in accordance with this Agreement shall not be made prior to the date that is 185 calendar days from the date of termination of employment of the Executive if it is determined by CFF the Bank in good faith that such payments are subject to the limitations set forth at Section 409A of the Code and regulations promulgated thereunder, and payments made in advance of such date would result in the requirement that Executive pay additional interest and taxes in accordance with Section 409A(a)(1)(B) of the Code.

Appears in 1 contract

Samples: Change of Control Agreement (FS Bancorp, Inc.)

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