Common use of Distributions Upon Income Inclusion Under Section 409A of the Code Clause in Contracts

Distributions Upon Income Inclusion Under Section 409A of the Code. Upon the inclusion of any portion of the benefits payable pursuant to this Agreement into the Executive’s income as a result of the failure of this non-qualified deferred compensation plan to comply with the requirements of Section 409A of the Code, to the extent such tax liability can be covered by the Executive’s vested accrued liability, a distribution shall be made as soon as is administratively practicable following the discovery of the plan failure.

Distributions Upon Income Inclusion Under Section 409A of the Code. Upon the inclusion of any portion of the benefits payable pursuant to this Agreement amount into the Executive’s income as a result of the failure of this non-qualified deferred compensation plan to comply with the requirements of Section 409A of the Code, to the extent such tax liability can be covered by the Executive’s vested accrued liabilityAccrual Balance as shown on Schedule A, a distribution shall be made as soon as is administratively practicable following the discovery of the plan failure.

Distributions Upon Income Inclusion Under Section 409A of the Code. Upon the inclusion of any portion of the benefits payable pursuant to this Agreement amount into the Executive’s income as a result of the failure of this non-qualified deferred compensation plan to comply with the requirements of Section 409A of the Code, to the extent such tax liability can be covered by the Executiveamount the Bank has accrued with respect to the Bank’s vested accrued liabilityobligations hereunder, a distribution shall be made as soon as is administratively practicable following the discovery of the plan failure.

Distributions Upon Income Inclusion Under Section 409A of the Code. Upon the inclusion of any portion of the benefits payable pursuant to this Agreement amount into the Executive’s income as a result of the failure of this non-qualified deferred compensation plan to comply with the requirements of Section 409A of the Code, to the extent such tax liability can be covered by the Executive’s vested amount which the Company has accrued liabilitywith respect to the obligations described in this Article 2, a distribution shall be made as soon as is administratively practicable following the discovery of the plan failure.

Distributions Upon Income Inclusion Under Section 409A of the Code. Upon the inclusion of any portion of the benefits payable pursuant to this Agreement Accrual Balance into the Executive’s income as a result of the failure of this non-qualified deferred compensation plan to comply with the requirements of Section 409A of the Code, to the extent such tax liability can be covered by the Executive’s vested accrued liabilityAccrual Balance, a distribution shall be made as soon as is administratively practicable following the discovery of the plan failure.

Distributions Upon Income Inclusion Under Section 409A of the Code. Upon the inclusion of any portion of the benefits payable pursuant to deferred compensation under this Agreement into the Executive’s taxable income as a result of the failure of this non-qualified deferred compensation plan to comply with the requirements of Section 409A of the Code, to the extent such tax liability can be covered by the accrued liability on the Bank’s books for the Executive’s vested accrued liabilitybenefits under this Agreement, a distribution shall be made as soon as is administratively practicable following the discovery of the plan failure.

Distributions Upon Income Inclusion Under Section 409A of the Code. Upon the inclusion of any portion of the benefits payable pursuant to this Agreement amount into the Executive’s income as a result of the failure of this non-qualified deferred compensation plan to comply with the requirements of Section 409A of the Code, to the extent such tax liability can be covered by the Executive’s vested accrued liabilityAccrual Balance, a distribution shall be made as soon as is administratively practicable following the discovery of the plan failure.

Distributions Upon Income Inclusion Under Section 409A of the Code. Upon the inclusion of any portion of the benefits payable pursuant to this Agreement amount into the Executive’s income as a result of the failure of this non-qualified deferred compensation plan to comply with the requirements of Section 409A of the Code, to the extent such tax liability can be covered by the Executiveamount the Company has accrued with respect to the Company’s vested accrued liabilityobligations hereunder, a distribution shall be made as soon as is administratively practicable following the discovery of the plan failure.

Distributions Upon Income Inclusion Under Section 409A of the Code. Upon the inclusion of any portion of the benefits payable pursuant to this Agreement amount into the Executive’s income as a result of the failure of this non-qualified deferred compensation plan Agreement to comply with the requirements of Section 409A of the Code, to the extent such tax liability can be covered by the Executive’s vested amount which the Bank has accrued liabilitywith respect to the obligations described in this Article 2, a distribution shall be made as soon as is administratively practicable following the discovery of the plan compliance failure.

Distributions Upon Income Inclusion Under Section 409A of the Code. Upon the inclusion of any portion of the benefits payable pursuant to this Agreement Account Value into the Executive’s income as a result of the failure of this non-qualified deferred compensation plan to comply with the requirements of Section 409A of the Code, to the extent such tax liability can be covered by the Executive’s vested accrued liabilityAccount Value, a distribution shall be made as soon as is administratively practicable following the discovery of the plan failure.

Distributions Upon Income Inclusion Under Section 409A of the Code. Upon the inclusion of any portion of the benefits payable pursuant to this Agreement into the Executive’s 's income as a result of the failure of this non-qualified deferred compensation plan to comply with the requirements of Section 409A of the Code, to the extent such tax liability can be covered by the Executive’s vested liability accrued liabilityto satisfy the Bank's obligations to Executive pursuant to this Agreement, a distribution shall be made as soon as is administratively practicable following the discovery of the plan failure.

Distributions Upon Income Inclusion Under Section 409A of the Code. Upon the inclusion of any portion of the benefits payable pursuant to this Agreement amount into the Executive’s 's income as a result of the failure of this non-qualified deferred compensation plan to comply with the requirements of Section 409A of the Code, to the extent such tax liability can be covered by the Executive’s vested accrued liability's accrual balance, a distribution shall be made as soon as is administratively practicable following the discovery of the plan failure.

Distributions Upon Income Inclusion Under Section 409A of the Code. Upon the inclusion of any portion of the benefits payable pursuant to this Agreement Account Value into the Executive’s 's income as a result of the failure of this non-qualified deferred compensation plan to comply with the requirements of Section 409A of the Code, to the extent such tax liability can be covered by the Executive’s 's vested accrued liabilityAccount Value, a distribution shall be made as soon as is administratively practicable following the discovery of the plan failure.

Distributions Upon Income Inclusion Under Section 409A of the Code. Upon the inclusion of any portion of the benefits payable pursuant to this Agreement account value into the Executive’s income as a result of the failure of this non-qualified deferred compensation plan to comply with the requirements of Section 409A of the Code, to the extent such tax liability can be covered by the Executive’s vested accrued liabilityaccount value, a distribution shall be made as soon as is administratively practicable following the discovery of the plan failure.

Distributions Upon Income Inclusion Under Section 409A of the Code. Upon the inclusion of any portion of the benefits payable pursuant to this Agreement Incentive Award Account balance into the Executive’s income as a result of the failure of this non-qualified deferred compensation plan to comply with the requirements of Section 409A of the Code, to the extent such tax liability can be covered by the Executive’s vested accrued liabilityIncentive Award Account balance, a distribution shall be made as soon as is administratively practicable following the discovery of the plan failure.

Distributions Upon Income Inclusion Under Section 409A of the Code. Upon the inclusion of any portion of the benefits payable pursuant to this Agreement amount into the Executive’s income as a result of the failure of this non-qualified deferred compensation plan to comply with the requirements of Section 409A of the Code, to the extent such tax liability can be covered by the Executive’s vested amount which the Bank has accrued liabilityon its books with respect to the obligations described in this Article 2, a distribution shall be made as soon as is administratively practicable following the discovery of the plan failure.

Distributions Upon Income Inclusion Under Section 409A of the Code. Upon the inclusion of any portion of the benefits payable pursuant to this Agreement amount into the Executive’s income as a result of the failure of this non-qualified deferred compensation plan to comply with the requirements of Section 409A of the Code, to the extent such tax liability can be covered by the Executive’s vested accrued liabilityaccrual balance as shown on Schedule A, a distribution shall be made as soon as is administratively practicable following the discovery of the plan failure.

Distributions Upon Income Inclusion Under Section 409A of the Code. Upon the inclusion of any portion of the benefits payable pursuant amount the Company has accrued with respect to this Agreement the Company’s obligations hereunder into the Executive’s income as a result of the failure of this non-qualified deferred compensation plan to comply with the requirements of Section 409A of the Code, to the extent such tax liability can be covered by the Executive’s vested accrued liabilitysuch amount, a distribution shall be made as soon as is administratively practicable following the discovery of the plan failure.

Distributions Upon Income Inclusion Under Section 409A of the Code. Upon the inclusion of any portion of the benefits payable pursuant to this Agreement Accrual Balance into the Executive’s income as a result of the failure of this non-qualified deferred compensation plan to comply with the requirements of Section 409A of the Code, to the extent such tax liability can be covered by the Executive’s vested accrued liabilityAccrual Balance, a distribution shall be made as soon as is administratively practicable following the discovery of the such plan failure.

Distributions Upon Income Inclusion Under Section 409A of the Code. Upon the inclusion of any portion of the benefits payable pursuant to this Agreement amount into the Executive’s 's income as a result of the failure of this non-non qualified deferred compensation plan to comply with the requirements of Section 409A of the Code, to the extent such tax liability can be covered by the Executive’s vested entire amount accrued liabilityby the Company with respect to the Company's obligations hereunder, a distribution shall be made as soon as is administratively practicable following the discovery of the plan failure.

Distributions Upon Income Inclusion Under Section 409A of the Code. Upon the inclusion of any portion of the benefits payable pursuant to this Agreement amount into the Executive’s income as a result of the failure of this non-non- qualified deferred compensation plan to comply with the requirements of Section 409A of the Code, to the extent such tax liability can be covered by the Executive’s vested amount which the Company has accrued liabilitywith respect to the obligations described in this Article 2, a distribution shall be made as soon as is administratively practicable following the discovery of the plan failure.

Distributions Upon Income Inclusion Under Section 409A of the Code. Upon the inclusion of any portion of the benefits payable pursuant to this Agreement amount into the Executive’s income as a result of the failure of this non-qualified deferred compensation plan to comply with the requirements of Section 409A of the Code, to the extent such tax liability can be covered by the Executiveentire amount accrued by the Company with respect to the Company’s vested accrued liabilityobligations hereunder, a distribution shall be made as soon as is administratively practicable following the discovery assertion by the Internal Revenue Service of the plan failure.

Distributions Upon Income Inclusion Under Section 409A of the Code. Upon the inclusion of any portion of the benefits payable pursuant to this Agreement amount into the Executive’s income as a result of the failure of this non-qualified deferred compensation plan to comply with the requirements of Section 409A of the Code, to the extent such tax liability can be covered by the Executiveentire amount accrued by the Bank with respect to the Bank’s vested accrued liabilityobligations hereunder, a distribution shall be made as soon as is administratively practicable following the discovery of the plan failure.

Distributions Upon Income Inclusion Under Section 409A of the Code. Upon the inclusion of any portion of the benefits payable pursuant to this Agreement Accrual Balance into the Executive’s income as a result of the failure of this non-qualified deferred compensation plan to comply with the requirements of Section 409A of the Code, to the extent such tax liability can be covered by the Executiveparticipant’s vested accrued liabilityAccrual Balance, a distribution shall be made as soon as is administratively practicable following the discovery of the plan failure.

Distributions Upon Income Inclusion Under Section 409A of the Code. Upon the inclusion of any portion of the benefits payable pursuant to this Agreement amount into the Executive’s income as a result of the failure of this non-qualified nonqualified deferred compensation plan to comply with the requirements of Section 409A of the Code, to the extent such tax liability can be covered by the Executive’s vested accrued liabilityAccrual Balance, a distribution shall be made as soon as is administratively practicable following the discovery of the plan failure.

Distributions Upon Income Inclusion Under Section 409A of the Code. Upon the inclusion of any portion of the benefits payable pursuant to this Agreement amount into the Executive’s income as a result of the failure of this non-qualified nonqualified deferred compensation plan to comply with the requirements of Section 409A of the Code, to the extent such tax liability can be covered by the Executive’s vested accrued liabilityAccrual Balance, a distribution shall be made as soon as is administratively practicable following the discovery of the plan failure.

Distributions Upon Income Inclusion Under Section 409A of the Code. Upon the inclusion of any portion of the benefits payable pursuant to this Agreement amount into the Executive’s income as a result of the failure of this non-qualified nonqualified deferred compensation plan to comply with the requirements of Section 409A of the Code, to the extent such tax liability can be covered by the Executive’s vested accrued liabilityDeferred Compensation Account balance, a distribution shall be made as soon as is administratively practicable following the discovery of the plan failure.

Distributions Upon Income Inclusion Under Section 409A of the Code. Upon the inclusion of any portion of the benefits payable pursuant to this Agreement amount into the Executive’s income as a result of the failure of this non-qualified deferred compensation plan to comply with the requirements of Section 409A of the Internal Revenue Code of 1986 (the “Code”), as amended, and applicable regulations and guidance thereunder, to the extent such tax liability can be covered by the Executiveamount the Association has accrued with respect to the Association’s vested accrued liabilityobligations hereunder, a distribution shall be made as soon as is administratively practicable following the discovery of the plan failure.

Distributions Upon Income Inclusion Under Section 409A of the Code. Upon the inclusion of any portion of the benefits payable pursuant to this Agreement amount into the Executive’s income as a result of the failure of this non-qualified nonqualified deferred compensation plan to comply with the requirements of Section 409A of the Code, to the extent such tax liability can be covered by the Executiveamount the Bank has accrued with respect to the Bank’s vested accrued liabilityobligations hereunder, a distribution shall be made as soon as is administratively practicable following the discovery of the plan failure.

Distributions Upon Income Inclusion Under Section 409A of the Code. Upon the inclusion of any portion of amount as taxable income to the benefits payable pursuant to this Agreement into the Executive’s income Executive as a result of the failure of this non-qualified deferred compensation plan agreement to comply with the requirements of Section 409A of the Code, to the extent such tax liability can be covered by the Executive’s vested then accrued liabilitybenefit, a distribution shall be made to the Executive as soon as is administratively practicable following the discovery of the plan failurefailure in an amount sufficient for the Executive to pay such tax liability.

Distributions Upon Income Inclusion Under Section 409A of the Code. Upon the inclusion of any portion of the benefits payable pursuant to this Agreement amount into the Executive’s income as a result of the failure of this non-qualified deferred compensation plan to comply with the requirements of Section 409A of the Code, to the extent such tax liability can be covered by the Executive’s vested accrued liabilityAccrual Balance, a distribution shall be made as soon as is administratively practicable following the discovery of the plan failure.

Distributions Upon Income Inclusion Under Section 409A of the Code. Upon the inclusion of any portion of the benefits payable pursuant to this Agreement amount into the Executive’s 's income as a result of the failure of this non-qualified deferred compensation plan to comply with the requirements of Section 409A of the Code, to the extent such tax liability can be covered by the Executive’s vested amount which the Company has accrued liabilitywith respect to the obligations described in this Article 2, a distribution shall be made as soon as is administratively practicable following the discovery of the plan failure.

Distributions Upon Income Inclusion Under Section 409A of the Code. Upon the inclusion of any portion of the benefits payable pursuant to this Agreement into the Executive’s income as a result of the failure of this non-qualified deferred compensation plan to comply with the requirements of Section 409A of the Code, to the extent such tax liability can be covered by the Executive’s vested 1st United Bancorp/1st United Bank Supplemental Executive Retirement Plan Agreement accrued liability, a distribution shall be made as soon as is administratively practicable following the discovery of the plan failure.

Distributions Upon Income Inclusion Under Section 409A of the Code. Upon the inclusion of any portion of the benefits payable pursuant to this Agreement amount into the Executive’s 's income as a result of the failure of this non-qualified deferred compensation plan to comply with the requirements of Section 409A of the Code, to the extent such tax liability can be covered by the Executive’s vested entire amount accrued liabilityby the Company with respect to the Company's obligations hereunder, a distribution shall be made as soon as is administratively practicable following the discovery assertion by the Internal Revenue Service of the plan failure.

Distributions Upon Income Inclusion Under Section 409A of the Code. Upon the inclusion of any portion of amount as taxable income to the benefits payable pursuant to this Agreement into the Executive’s income Executive as a result of the failure of this non-qualified deferred compensation plan agreement to comply with the requirements of Section 409A of the Code, to the extent such tax liability can be covered by the Executive’s vested then accrued liabilityExecutive Incentive Retirement Plan Account balance, a distribution shall be made to the Executive as soon as is administratively practicable following the discovery of the plan failurefailure in an amount sufficient for the Executive to pay such tax liability.

Distributions Upon Income Inclusion Under Section 409A of the Code. Upon the inclusion of any portion of the benefits payable pursuant to this Agreement amount into the Executive’s income as a result of the failure of this non-qualified deferred compensation plan to comply with the requirements of Section 409A of the Code, to the extent such tax liability can be covered by the Executive’s vested accrued liabilityDeferral Account balance, a distribution shall be made as soon as is administratively practicable following the discovery of the plan failure.

Distributions Upon Income Inclusion Under Section 409A of the Code. Upon the inclusion of any portion of the benefits payable pursuant to this Agreement Accrued Benefit into the Executive’s income as a result of the failure of this non-qualified deferred compensation plan to comply with the requirements of Section 409A of the Code, to the extent such tax liability can be covered by the Executive’s vested accrued liabilityAccrued Benefit, a distribution shall be made as soon as is administratively practicable following the discovery of the plan failure.

Distributions Upon Income Inclusion Under Section 409A of the Code. Upon the inclusion of any portion of the benefits payable pursuant to this Agreement amount into the Executive’s income as a result of the failure of this non-qualified deferred compensation plan to comply with the requirements of Section 409A of the Code, to the extent such tax liability can be covered by the Executive’s vested accrued liabilityaccrual balance, a distribution shall be made as soon as is administratively practicable following the discovery of the plan failure.

Distributions Upon Income Inclusion Under Section 409A of the Code. Upon the inclusion of any portion of the benefits payable pursuant to this Agreement amount into the ExecutiveEmployee’s income as a result of the failure of this non-qualified deferred compensation plan arrangement to comply with the requirements of Section 409A of the Code, to the extent such tax liability can be covered by the Executiveamount of the Employee’s vested accrued liabilityAccount, a distribution shall be made as soon as is administratively practicable following the discovery of the plan failure.

Distributions Upon Income Inclusion Under Section 409A of the Code. Upon the inclusion of any portion of the benefits payable pursuant to this Agreement Account Value into the Executive’s income as a result of the failure of this non-qualified deferred compensation plan to comply with the requirements of Section 409A of the Code, to the extent such tax liability can be covered by the Executive’s vested accrued liabilityAccrual Balance, a distribution shall be made as soon as is administratively practicable following the discovery of the plan failure.”

Distributions Upon Income Inclusion Under Section 409A of the Code. Upon the inclusion of any portion of the benefits payable pursuant to this Agreement amount into the Executive’s 's income as a result of the failure of this non-qualified deferred compensation plan to comply with the requirements of Section 409A of the Code, to the extent such tax liability can be covered by the Executive’s 's vested accrued liabilityAccrual Balance, a distribution shall be made as soon as is administratively practicable following the discovery of the plan failure.

Distributions Upon Income Inclusion Under Section 409A of the Code. Upon the inclusion of any portion of the benefits payable pursuant to this Agreement Account Value into the Executive’s income as a result of the failure of this non-qualified deferred compensation plan to comply with the requirements of Section 409A of the Code, to the extent such tax liability can be covered by the Executive’s vested accrued liabilityAccount Value, a distribution shall be made as soon as is administratively practicable following the discovery of the plan failure.

Distributions Upon Income Inclusion Under Section 409A of the Code. Upon the inclusion of any portion of the benefits payable pursuant to this Agreement Stock Appreciation Rights Account into the Executive’s income as a result of the failure of this non-qualified deferred compensation plan to comply with the requirements of Section 409A of the Code, to the extent such tax liability can be covered by the Executive’s vested accrued liabilityStock Appreciation Rights Account, a distribution shall be made as soon as is administratively practicable following the discovery of the plan failure.

Distributions Upon Income Inclusion Under Section 409A of the Code. Upon the inclusion of any portion of the benefits payable pursuant to this Agreement amount into the Executive’s income as a result of the failure of this non-qualified deferred compensation plan to comply with the requirements of Section 409A of the Code, to the extent such tax liability can be covered by the Executive’s vested accrued liabilityAccrual Balance as shown on Schedule A, a distribution shall be made as soon as is administratively practicable following the discovery of the plan failure.