Common use of Section 409A Amendments Clause in Contracts

Section 409A Amendments. The Company agrees to cooperate with the Participant to amend this Agreement to the extent either the Company or the Participant deems necessary to avoid imposition of any additional tax or income recognition prior to actual payment to the Participant under Code Section 409A and any temporary or final Treasury Regulations and Internal Revenue Service guidance thereunder, but only to the extent such amendment would not have an adverse effect on the Company and would not provide the Participant with any additional rights, in each case as determined by the Company in its sole discretion.

Appears in 5 contracts

Samples: Restricted Stock Award Agreement (YouChange Holdings Corp), Stock Award Agreement (Synaptics Inc), Smith & Wesson Holding Corp

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Section 409A Amendments. The Company agrees to cooperate with the Participant to amend this Agreement to the extent either the Company or the Participant deems necessary to avoid imposition of any additional tax or income recognition prior to actual payment to the Participant under Code Section 409A and any temporary or final Treasury Regulations and Internal Revenue Service guidance thereunder, but only to the extent such amendment would not have an adverse effect on the Company and would not provide the Participant with any additional rights, in each case as determined by the Company in its sole discretion.

Appears in 3 contracts

Samples: Stock Award Agreement (Synaptics Inc), Stock Award Agreement (Synaptics Inc), Restricted Stock Unit Award Agreement (Smith & Wesson Holding Corp)

Section 409A Amendments. The Company agrees to cooperate with the Participant to amend this Agreement to the extent either the Company or the Participant deems necessary to avoid imposition of any additional tax or income recognition prior to actual payment to the Participant under Code Section 409A and any temporary or final Treasury Regulations and Internal Revenue Service guidance thereunder, but only to the extent such amendment would not have an adverse effect on the Company and would not provide the Participant with any additional rights, in each case as determined by the Company Company, in its sole discretion.

Appears in 2 contracts

Samples: Incentive Plan (Ixys Corp /De/), Restricted Stock Unit Award Agreement (Ixys Corp /De/)

Section 409A Amendments. The Company agrees to cooperate with the Participant Employee to amend this Agreement to the extent either the Company or the Participant Employee deems necessary to avoid imposition of any additional tax or income recognition prior to actual payment to the Participant Employee under Code Section 409A and any temporary or final Treasury Regulations and Internal Revenue Service guidance thereunder, but only to the extent such amendment would not have an adverse effect on the Company and would not provide the Participant Employee with any additional rights, in each case as determined by the Company Company, in its sole discretion.

Appears in 2 contracts

Samples: Cancellation Agreement (Directed Electronics, Inc.), Key Employee Sale Bonus Cancellation Agreement (Directed Electronics, Inc.)

Section 409A Amendments. The Company agrees to cooperate with the Participant to amend this Agreement to the extent either the Company or the Participant deems necessary to avoid imposition of any additional tax or income recognition prior to actual payment to the Participant under Code Section 409A of the Code and any temporary or final Treasury Regulations and Internal Revenue Service guidance thereunder, but only to the extent such amendment would not have an adverse effect on the Company and would not provide the Participant with any additional rights, in each case as determined by the Company Company, in its sole discretion.

Appears in 1 contract

Samples: Incentive Stock Plan (Marinemax Inc)

Section 409A Amendments. The Company agrees to cooperate with the Participant to amend this Agreement to the extent either the Company or the Participant deems necessary to avoid imposition of any additional tax or income recognition prior to actual payment to the Participant under Code Section 409A and any temporary or final Treasury Regulations and Internal Revenue Service guidance thereunderthereunder of any additional tax or income recognition prior to actual delivery of the shares of Common Stock to the Participant, but only to the extent such amendment would not have an adverse effect on the Company and would not provide or the Participant with any additional rightsParticipant, in each case as determined by the Company Company, in its sole discretion.

Appears in 1 contract

Samples: CNL Hotels & Resorts, Inc.

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Section 409A Amendments. The Company agrees to cooperate with the Participant to amend this Agreement to the extent either the Company or the Participant deems necessary to avoid the imposition of any additional tax or income recognition prior to actual payment to the Participant under Code Section 409A and any temporary or final Treasury Regulations and Internal Revenue Service guidance thereunder, but only to the extent such amendment would not have an adverse effect on the Company and would not provide the Participant with any additional rights, in each case as determined by the Company Company, in its sole discretion.

Appears in 1 contract

Samples: Restricted Stock Award Agreement (Image Entertainment Inc)

Section 409A Amendments. The Company agrees to cooperate with the Participant to amend this Agreement to the extent either the Company or the Participant deems necessary to avoid imposition of any additional tax or income recognition prior to actual payment to the Participant under Code Section 409A and any temporary or final Treasury Regulations and Internal Revenue Service guidance thereunder, but only to the extent such amendment would not have an adverse effect on the Company and would not provide the Participant with any additional rights, in each case as determined by the Company Company, in its sole discretion.

Appears in 1 contract

Samples: Restricted Stock Award Agreement (Image Entertainment Inc)

Section 409A Amendments. The Company agrees to cooperate with the Participant to amend this Agreement to the extent either the Company or the Participant deems necessary to avoid imposition of any additional tax or income recognition prior to actual payment to the Participant under Code Section 409A and any temporary or final Treasury Regulations and Internal Revenue Service guidance thereunder, but only to the extent such amendment would not have an adverse effect on the Company and would not provide the Participant with any additional rights, in each case as determined by the Company in its sole discretion.

Appears in 1 contract

Samples: Restricted Stock Unit Agreement (Main Street Restaurant Group, Inc.)

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