Common use of Reimbursement and In-Kind Benefits Clause in Contracts

Reimbursement and In-Kind Benefits. To the extent this Agreement provides for reimbursements of expenses incurred by the Employee or in-kind benefits the provision of which are not exempt from the requirements of Section 409A of the Code, the following terms apply: (i) the reimbursement of expenses or provision of in-kind benefits will be made or provided only during the Employment Term or Renewal Term, as applicable, or other period of time specifically provided herein; (ii) the amount of expenses eligible for reimbursement, or in-kind benefits provided, during a calendar year will not affect the expenses eligible for reimbursement, or in-kind benefits to be provided, in any other calendar year; (iii) all reimbursements will be made in accordance with Employer’s normal reimbursement practices upon Employee’s request, but in any event no later than the last day of the calendar year immediately following the calendar year in which the expense was incurred; and (iv) the right to reimbursement or the in-kind benefit will not be subject to liquidation or exchange for another benefit.

Appears in 2 contracts

Samples: Employment Agreement (Florida Bank Group, Inc.), Employment Agreement (Florida Bank Group, Inc.)

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Reimbursement and In-Kind Benefits. To Notwithstanding anything to the contrary in this Agreement, to the extent this Agreement provides for reimbursements of expenses incurred by the Employee or in-kind benefits the provision of which are not exempt from the requirements of Section 409A of the Code, the following terms applyapply with respect to such reimbursements or benefits: (i1) the reimbursement of expenses or provision of in-kind benefits will be made or provided only during the Employment Term or Renewal Term, as applicable, or other period of time specifically provided herein; (ii2) the amount of expenses eligible for reimbursement, or in-kind benefits provided, during a calendar year will not affect the expenses eligible for reimbursement, or in-kind benefits to be provided, in any other calendar year; (iii3) all reimbursements will be made upon the Employee’s request in accordance with Employerthe Company’s normal reimbursement practices upon Employee’s request, policies but in any event no later than the last day of the calendar year immediately following the calendar year in which the expense was incurred; and (iv4) the right to the reimbursement or the in-kind benefit will not be subject to liquidation or exchange for another benefit.

Appears in 1 contract

Samples: Management Change in Control Severance Agreement (Walter Energy, Inc.)

Reimbursement and In-Kind Benefits. To the extent this Agreement provides for reimbursements of expenses incurred by the Employee Executive or in-kind benefits the provision of which are not exempt from the requirements of Section 409A of the Internal Revenue Code of 1986, as amended (the “Code”), the following terms apply: apply with respect to such reimbursements or benefits; (i) the reimbursement of expenses or provision of in-kind benefits will be made or provided only during the Employment Term or Renewal Term, as applicable, or other period of time specifically provided herein; (ii) the amount of expenses eligible for reimbursement, or in-kind benefits provided, during a calendar year will not affect the expenses eligible for reimbursement, or in-kind benefits to be provided, in any other calendar year; (iii) all reimbursements will be made in accordance with Employerpromptly upon Executive’s normal reimbursement practices upon Employee’s request, but in any event request and no later than the last day of the calendar year immediately following the calendar year in which the expense was incurred; and (iv) the right to reimbursement or the in-kind benefit will not be subject to liquidation or exchange for another benefit.

Appears in 1 contract

Samples: Executive Employment Agreement (Elandia International Inc.)

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Reimbursement and In-Kind Benefits. To the extent this Agreement provides for reimbursements of expenses incurred by the Employee Executive or in-kind benefits the provision of which are not exempt from the requirements of Section 409A of the Internal Revenue Code of 1986, as amended (the “Code”), the following terms applyapply with respect to such reimbursements or benefits: (i) the reimbursement of expenses or provision of in-kind benefits will be made or provided only during the Employment Term or Renewal Term, as applicable, or other period of time specifically provided herein; (ii) the amount of expenses eligible for reimbursement, or in-kind benefits provided, during a calendar year will not affect the expenses eligible for reimbursement, or in-kind benefits to be provided, in any other calendar year; (iii) all reimbursements will be made in accordance with Employerpromptly upon Executive’s normal reimbursement practices upon Employee’s request, but in any event request and no later than the last day of the calendar year immediately following the calendar year in which the expense was incurred; and (iv) the right to reimbursement or the in-kind benefit will not be subject to liquidation or exchange for another benefit.

Appears in 1 contract

Samples: Executive Employment Agreement (Elandia International Inc.)

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