Deferred Compensation Omnibus Provision. (a) The intent of the parties is that payments and benefits under this Agreement comply with Section 409A of the Code and, accordingly, to the maximum extent permitted, this Agreement shall be interpreted to be in compliance therewith. To the extent that any provision hereof is modified in order to comply with Section 409A of the Code, such modification shall be made in good faith and shall, to the maximum extent reasonably possible, maintain the original intent and economic benefit to Executive and the Company of the applicable provision without violating the provisions of Section 409A of the Code. For purposes of Section 409A of the Code, each installment payment provided under this Agreement shall be treated as a separate payment. In no event whatsoever shall the Company be liable for any additional tax, interest or penalty that may be imposed on Executive by Section 409A of the Code.
Appears in 6 contracts
Samples: Employment Agreement (Aveanna Healthcare Holdings, Inc.), Employment Agreement (Aveanna Healthcare Holdings, Inc.), Release Agreement (Aveanna Healthcare Holdings, Inc.)
