Common use of IRC 409A Clause in Contracts

IRC 409A. All other provisions of this Agreement notwithstanding, this Agreement shall be construed to avoid any adverse tax consequences to you under Internal Revenue Code Section 409A, and the parties agree to amend this Agreement from time to time as may be necessary to that end, in a manner that best preserves the economic benefits to you. Further, for so long as the Company has a class of stock that is publicly traded on an established securities market or otherwise, then the Company shall from time to time compile a list of “Specified Employees” as defined in, and in accordance with Treasury Reg. § 1.409A-1(i) or any successor regulation. If you are a Specified Employee on the date of the termination of your employment with the Company, then, notwithstanding any other provision herein, no payment shall be made to you pursuant to this Agreement during the period lasting six (6) months from the date of such termination of employment unless the Company determines that there is no reasonable basis for believing that making such payment would cause you to suffer any adverse tax consequences pursuant to Section 409A. If any payment to you is delayed pursuant to the provisions of this paragraph, such delayed payment shall instead be made on the first business day following the expiration of the six (6) month period referred to herein.

IRC 409A. All other provisions of this Agreement notwithstanding, this Agreement shall be construed to avoid any adverse tax consequences to you under Internal Revenue Code Section 409A, and the parties agree to amend this Agreement from time to time as may be necessary to that end, in a manner that best preserves the economic benefits to you. Further, for so long as the Company AMI has a class of stock that is publicly traded on an established securities market or otherwise, then the Company AMI shall from time to time compile a list of “Specified Employees” as defined in, and in accordance with pursuant to, Prop. Treasury Reg. § 1.409A-1(i) or any successor regulation. If you are a Specified Employee on the date of the termination of your employment with the CompanyAMI, then, notwithstanding any other provision herein, no payment shall be made to you pursuant to this Agreement Section 5(b)(x) above during the period lasting six (6) months from the date of such termination of employment unless the Company AMI determines that there is no reasonable basis for believing that making such payment would cause you to suffer any adverse tax consequences pursuant to Section 409A. If any payment to you is delayed pursuant to the provisions of this paragraph, such delayed payment shall instead be made on the first business day following the expiration of the six (6) month period referred to herein.

IRC 409A. All other provisions of this Agreement notwithstanding, this Agreement shall be construed to avoid any adverse tax consequences to you under Internal Revenue Code Section 409A, and the parties agree to amend this Agreement from time to time as may be necessary to that end, in a manner that best preserves the economic benefits to you. Further, for so long as the Company AMI has a class of stock that is publicly traded on an established securities market or otherwise, then the Company AMI shall from time to time compile a list of “Specified Employees” as defined in, and in accordance with pursuant to, Prop. Treasury Reg. § 1.409A-1(i) or any successor regulation. If you are a Specified Employee on the date of the termination of your employment with the CompanyAMI, then, notwithstanding any other provision herein, no payment shall be made to you pursuant to this Agreement Section 5(b) or 5(c) above during the period lasting six (6) months from the date of such termination of employment unless the Company AMI determines that there is no reasonable basis for believing that making such payment would cause you to suffer any adverse tax consequences pursuant to Section 409A. If any payment to you is delayed pursuant to the provisions of this paragraph, such delayed payment shall instead be made on the first business day following the expiration of the six (6) month period referred to herein.

IRC 409A. All other provisions of this Agreement notwithstanding, this Agreement shall be construed to avoid any adverse tax consequences to you under Internal Revenue Code Section 409A, and the parties agree to amend this Agreement from time to time as may be necessary to that end, in a manner that best preserves the economic benefits to you. Further, for so long as the Company AMI has a class of stock that is publicly traded on an established securities market or otherwise, then the Company AMI shall from time to time compile a list of “Specified Employees” as defined in, and in accordance with pursuant to, Prop. Treasury Reg. § 1.409A-1(i) or any successor regulation. If you are a Specified Employee on the date of the termination of your employment with the CompanyAMI, then, notwithstanding any other provision herein, no payment shall be made to you pursuant to this Agreement Section 5(b)(x) above during the period lasting six (6) months from the date of such termination of employment unless the Company AMI determines that there is no reasonable basis for believing that making such payment would cause you to suffer any adverse tax consequences pursuant to Section 409A. If any payment to you is delayed pursuant to the provisions of this paragraph, such delayed payment shall instead be made on the first business day following the expiration of the six (6) month period referred to herein.