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 amount in the Director’s income as a result of the failure of the Agreement to comply with the requirements of Section 409A of the Code, to the extent such tax liability can be covered by the amount the Company has accrued with respect to the Company’s obligations hereunder, a distribution shall be made as soon as is administratively practicable following the discovery of such failure.

Distributions Upon Income Inclusion Under Section 409A of the Code. Upon the inclusion of any amount in into the Director’s income as a result of the failure of the Agreement 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 amount the Company has accrued with respect to the Company’s obligations hereunder, a distribution shall be made as soon as is administratively practicable following the discovery of such the plan failure.

Distributions Upon Income Inclusion Under Section 409A of the Code. Upon the inclusion of any amount in into the Director’s income as a result of the failure of the Agreement 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 amount Director’s vested Accrual Balance without further to comply with the Company has accrued with respect to requirements of Section 409a of the Company’s obligations hereunderCode, a distribution shall be made as soon as is administratively practicable following the discovery of such the plan failure.

Distributions Upon Income Inclusion Under Section 409A of the Code. Upon the inclusion of any amount in the DirectorExecutive’s income as a result of the failure of the Agreement to comply with the requirements of Section 409A of the Code, to the extent such tax liability can be covered by the amount the Company has accrued with respect to the Company’s obligations hereunder, a distribution shall be made as soon as is administratively practicable following the discovery of such failure.

Distributions Upon Income Inclusion Under Section 409A of the Code. Upon the inclusion of any amount in the Director’s income as a result of the failure of the this Agreement to comply with the requirements of Section 409A of the Code, to the extent such tax liability can be covered by the amount the Company has accrued with respect to the Company’s obligations hereunder, a distribution shall be made as soon as is administratively practicable following the discovery of such failure.

Distributions Upon Income Inclusion Under Section 409A of the Code. Upon the inclusion of any amount in into the Director’s income as a result of the failure of the Agreement 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 amount the Company has accrued with respect to the CompanyDirector’s obligations hereunderaccrual balance, a distribution shall be made as soon as is administratively practicable following the discovery of such the plan failure.

Distributions Upon Income Inclusion Under Section 409A of the Code. Upon the inclusion of any amount in as taxable income to the Director’s income Director as a result of the failure of the Agreement this non-qualified deferred compensation agreement to comply with the requirements of Section 409A of the Code, to the extent such tax liability can be covered by the amount the Company has then accrued with respect to the Company’s obligations hereunderDirector Plan accured benefit, a distribution shall be made to the Director as soon as is administratively practicable following the discovery of the plan failure in an amount sufficient for the Director to pay such failuretax liability.