Common use of Modifications; Extensions Clause in Contracts

Modifications; Extensions. (a) Notwithstanding any term or provision of this Employee Option Agreement (including any term or provision of the Plan incorporated herein by reference), (i) no Modification shall be made in respect to the Option if such Modification would result in the Option constituting a deferral of compensation, and (ii) no Extension shall be made in respect to the Option if such Extension would result in the Option having an additional deferral feature from the Grant Date, in each case within the meaning of applicable Treasury Regulations under Code section 409A.

Appears in 4 contracts

Samples: Employee Option Agreement (Hexcel Corp /De/), Employee Option Agreement (Hexcel Corp /De/), Employee Option Agreement (Hexcel Corp /De/)

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Modifications; Extensions. (a) Notwithstanding any term or provision of this Employee Option Agreement (including any term or provision of the Plan incorporated herein by reference), (i) no Modification shall be made in respect to the Option if such Modification would result in the Option constituting a deferral of compensation, and (ii) no Extension shall be made in respect to the Option if such Extension would result in the Option having an additional deferral feature from the Grant Date, in each case within the meaning of applicable Treasury Regulations under Code section 409A.

Appears in 2 contracts

Samples: Revised Employee Option Agreement (Hexcel Corp /De/), Employee Option Agreement (Hexcel Corp /De/)

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Modifications; Extensions. (a) Notwithstanding any term or provision of this Employee Option Agreement (including any term or provision of the Plan incorporated herein in this Agreement by reference), (i) no Modification shall be made in respect to the Option if such Modification would result in the Option constituting a deferral of compensation, and (ii) no Extension shall be made in respect to the Option if such Extension would result in the Option having an additional deferral feature from the Grant Date, in each case within the meaning of applicable Treasury Regulations under Code section 409A.

Appears in 1 contract

Samples: Employee Option Agreement (Hexcel Corp /De/)

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