Common use of Section 409A Amendment Clause in Contracts

Section 409A Amendment. The Committee reserves the right (including the right to delegate such right) to unilaterally amend this Agreement without the consent of the Participant in order to maintain an exclusion from the application of, or to maintain compliance with, Code Section 409A. Participant’s acceptance of this Award constitutes acknowledgement and consent to such rights of the Committee.

Appears in 10 contracts

Samples: Stock Appreciation Rights Award Agreement (Countrywide Financial Corp), Restricted Stock Award Agreement (BankFinancial CORP), Restricted Stock Unit Award Agreement (Countrywide Financial Corp)

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Section 409A Amendment. The Committee reserves the right (including the right to delegate such right) to unilaterally amend this Award Agreement without the consent of the Participant Grantee in order to maintain an exclusion from the application of, or to maintain compliance with, Code Section 409A. Participant409A of the Code. Any such amendment shall maintain, to the extent practicable, the original intent of the applicable provision. The Grantee’s acceptance of this Award constitutes the Grantee’s acknowledgement of and consent to such rights of the CommitteeCompany.

Appears in 8 contracts

Samples: Ltip Unit Award Agreement (First Industrial Lp), Performance Based Stock Unit Award Agreement (First Industrial Lp), Ltip Unit Award Agreement (First Industrial Lp)

Section 409A Amendment. The Committee reserves the right (including the right to delegate such right) to unilaterally amend this Agreement without the consent of the Participant Grantee in order to maintain an exclusion from the application of, or to maintain compliance with, Code Section 409A. ParticipantAny such amendment shall maintain, to the extent practicable, the original intent of the applicable provision. Grantee’s acceptance of this Award Agreement constitutes acknowledgement and consent to such rights of the CommitteeCompany.

Appears in 3 contracts

Samples: Service Based Bonus Agreement (First Industrial Realty Trust Inc), Service Based Bonus Agreement (First Industrial Realty Trust Inc), Service Based Bonus Agreement (First Industrial Realty Trust Inc)

Section 409A Amendment. The Committee reserves the right (including the right to delegate such right) to unilaterally amend this Agreement the Option Terms without the consent of the Participant in order to maintain an exclusion from the application of, or to maintain compliance with, with Code Section 409A. The Participant’s acceptance of this Award the Option constitutes acknowledgement and consent to such rights of the Committee.

Appears in 3 contracts

Samples: Employment Agreement (Medgenics, Inc.), Employment Agreement (Medgenics, Inc.), Employment Agreement (Medgenics, Inc.)

Section 409A Amendment. The Committee reserves the right (including the right to delegate such right) to unilaterally amend this Agreement without the consent of the Participant in order to maintain an exclusion from the application of, or to maintain compliance with, Code Section 409A. Participant’s 's acceptance of this Award constitutes acknowledgement and consent to such rights of the Committee.

Appears in 2 contracts

Samples: Countrywide Financial Corp, Countrywide Financial Corp

Section 409A Amendment. The Committee reserves the right (including the right to delegate such right) to unilaterally amend this Agreement without the consent of the Participant in order to maintain an exclusion from the application of, or to maintain compliance with, Code Section 409A. Participant’s acceptance of this Award award constitutes acknowledgement and consent to such rights of the Committee.

Appears in 2 contracts

Samples: Restricted Stock Unit Agreement (Heartland Financial Usa Inc), Restricted Stock Unit Agreement (Heartland Financial Usa Inc)

Section 409A Amendment. The Committee reserves the right (including the right to delegate such right) to unilaterally amend this Agreement without the consent of the Participant in order to maintain an exclusion from the application of, or to maintain compliance with, with Code Section 409A. Participant’s acceptance of this Award constitutes acknowledgement and consent to such rights of the Committee.

Appears in 1 contract

Samples: Non Qualified Stock Option Agreement (Modigene Inc.)

Section 409A Amendment. The Committee reserves the right (including the right to delegate such right) to unilaterally amend this Award Agreement without the consent of the Participant in order to maintain an exclusion from the application of, or to maintain compliance with, Code Section 409A. Participant’s acceptance of this Award constitutes acknowledgement and consent to such rights of the Committee.

Appears in 1 contract

Samples: Restricted Stock Award Agreement (Mediware Information Systems Inc)

Section 409A Amendment. The Committee reserves the right (including the right to delegate such right) to unilaterally amend this Option Agreement without the consent of the Participant in order to maintain an exclusion from the application of, or to maintain compliance with, Code Section 409A. Participant’s acceptance of this Award Option award constitutes acknowledgement and consent to such rights of the Committee.

Appears in 1 contract

Samples: Mediware Information Systems Inc

Section 409A Amendment. The Committee reserves the right (including the right to delegate such right) to unilaterally amend this Award Agreement without the consent of the Participant Grantee in order to maintain an exclusion from the application of, or to maintain compliance with, Code Section 409A. ParticipantAny such amendment shall maintain, to the extent practicable, the original intent of the applicable provision. Grantee’s acceptance of this Award Agreement constitutes acknowledgement and consent to such rights of the CommitteeCompany.

Appears in 1 contract

Samples: Restricted Stock Unit Award Agreement (First Industrial Realty Trust Inc)

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Section 409A Amendment. The Committee reserves the right (including the right to delegate such right) to unilaterally amend this Agreement without the consent of the Participant Grantee in order to maintain an exclusion from the application of, or to maintain compliance with, Code Section 409A. Participant’s acceptance of this Award constitutes acknowledgement and consent to such rights of the Committee.Code

Appears in 1 contract

Samples: Service Based Bonus Agreement (First Industrial Realty Trust Inc)

Section 409A Amendment. The Committee reserves the right (including the right to delegate such right) to unilaterally amend this Award Agreement without the consent of the Participant in order to maintain an exclusion from the application of, or to maintain compliance with, Code Section 409A. Any such amendment shall maintain, to the extent practicable, the original intent of the applicable provision. Participant’s acceptance of this Award Agreement constitutes acknowledgement and consent to such rights of the CommitteeCompany.

Appears in 1 contract

Samples: Restricted Stock Unit Award Agreement (Old Second Bancorp Inc)

Section 409A Amendment. The Committee reserves the right (including the right to delegate such right) to unilaterally amend this Award Agreement without the consent of the Participant in order to maintain an exclusion from the application of, or to maintain compliance with, Code Section 409A. Participant’s acceptance of this Award Option award constitutes acknowledgement and consent to such rights of the Committee.

Appears in 1 contract

Samples: Restricted Stock Unit Award Agreement (Mediware Information Systems Inc)

Section 409A Amendment. The Committee reserves the right (including the right to delegate such right) to unilaterally amend this Agreement without the consent of the Participant in order to maintain an exclusion from the application ofits exemption from, or to maintain compliance with, Code Section 409A. Participant’s acceptance of this Award constitutes acknowledgement and consent to such rights of the Committee.

Appears in 1 contract

Samples: Stock Appreciation Rights Agreement (Trinity Capital Corp)

Section 409A Amendment. The Committee reserves the right (including the right to delegate such right) to unilaterally amend this Agreement Award without the consent of the Participant in order to maintain an exclusion from the application of, or to maintain compliance with, Code Section 409A. Participant’s acceptance of this Award Agreement constitutes acknowledgement and consent to such rights of the Committee.

Appears in 1 contract

Samples: Restricted Stock Award Agreement (Old Second Bancorp Inc)

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