Common use of Internal Revenue Code Section 409A Compliance Clause in Contracts

Internal Revenue Code Section 409A Compliance. Except with respect to amounts paid pursuant to a schedule in a plan or arrangement outside of this Agreement, it is intended that amounts payable under this Section 7 not be considered non-qualified deferred compensation subject to Code Section 409A. Bxxxxxxx is a Specified Employee under Code Section 409A, therefore, to the extent such amounts are considered non-qualified deferred compensation payable upon a separation from service under Code Section 409A, payment of those amounts so deferred under Code Section 409A may not be made until at least six (6) months following Bxxxxxxx’x separation from service of the Company (or, if earlier, the date of death of Bxxxxxxx).

Appears in 1 contract

Samples: Employment Agreement (Petroleum Development Corp)

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Internal Revenue Code Section 409A Compliance. Except with respect to amounts paid pursuant to a schedule in a plan or arrangement outside of this Agreement, it is intended that amounts payable under this Section 7 not be considered non-qualified deferred compensation subject to Code Section 409A. Bxxxxxxx Xxxxx is a Specified Employee under Code Section 409A, therefore, to the extent such amounts are considered non-qualified deferred compensation payable upon a separation from service under Code Section 409A, payment of those amounts so deferred under Code Section 409A may not be made until at least six (6) months following Bxxxxxxx’x Xxxxx’x separation from service of the Company (or, if earlier, the date of death of BxxxxxxxXxxxx).

Appears in 1 contract

Samples: Employment Agreement (PDC Energy, Inc.)

Internal Revenue Code Section 409A Compliance. Except with respect to amounts paid pursuant to a schedule in a plan or arrangement outside of this Agreement, it is intended that amounts payable under this Section 7 not be considered non-qualified deferred compensation subject to Code Section 409A. Bxxxxxxx Lxxxx is a Specified Employee under Code Section 409A, therefore, to the extent such amounts are considered non-qualified deferred compensation payable upon a separation from service under Code Section 409A, payment of those amounts so deferred under Code Section 409A may not be made until at least six (6) months following Bxxxxxxx’x Lxxxx’x separation from service of the Company (or, if earlier, the date of death of BxxxxxxxLxxxx).

Appears in 1 contract

Samples: Employment Agreement (Petroleum Development Corp)

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Internal Revenue Code Section 409A Compliance. Except with respect to amounts paid pursuant to a schedule in a plan or arrangement outside of this Agreement, it is intended that amounts payable under this Section 7 not be considered non-qualified deferred compensation subject to Code Section 409A. Bxxxxxxx Sxxxxxx is a Specified Employee under Code Section 409A, therefore, to the extent such amounts are considered non-qualified deferred compensation payable upon a separation from service under Code Section 409A, payment of those amounts so deferred under Code Section 409A may not be made until at least six (6) months following Bxxxxxxx’x Sxxxxxx’x separation from service of the Company (or, if earlier, the date of death of BxxxxxxxSxxxxxx).

Appears in 1 contract

Samples: Employment Agreement (Petroleum Development Corp)

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