Section 409A Compliance. Each Company Employee Plan that is subject to Section 409A of the Code has been operated in compliance with such section and all applicable regulatory guidance (including, without limitation, proposed regulations, notices, rulings, and final regulations).
Appears in 16 contracts
Samples: Merger Agreement (SPAR Group, Inc.), Merger Agreement (SPAR Group, Inc.), Arrangement Agreement and Plan of Merger (Yerbae Brands Corp.)
Section 409A Compliance. Each Company Employee Plan that is subject to Section 409A of the Code has been operated in documentary and operational compliance with such Code section and all applicable regulatory and administrative guidance (including, without limitation, proposed regulationsTreasury Regulations, notices, rulings, and final regulations).
Appears in 4 contracts
Samples: Merger Agreement (Cerecor Inc.), Merger Agreement (Aevi Genomic Medicine, Inc.), Merger Agreement (Cerecor Inc.)
Section 409A Compliance. Each Company Target Employee Plan that is subject to Section 409A of the Code has been operated in compliance with such section and all applicable regulatory guidance (including, without limitation, proposed regulations, notices, rulings, and final regulations).
Appears in 4 contracts
Samples: Merger Agreement (Innovus Pharmaceuticals, Inc.), Merger Agreement (Aytu Bioscience, Inc), Merger Agreement (Vaporin, Inc.)
Section 409A Compliance. Each Company Employee Plan that is subject to Section 409A of the Code has been operated in compliance with such section and all applicable regulatory guidance (including, without limitation, including proposed regulations, notices, rulings, and final regulations).
Appears in 4 contracts
Samples: Merger Agreement (Hecla Mining Co/De/), Merger Agreement (Mines Management Inc), Merger Agreement (Hecla Mining Co/De/)
Section 409A Compliance. Each Company Employee Plan that is subject to Section 409A of the Code has been operated in material compliance with such section and all applicable regulatory guidance (including, without limitation, proposed regulations, notices, rulings, and final regulations)guidance.
Appears in 3 contracts
Samples: Merger Agreement (Chicken Soup for the Soul Entertainment, Inc.), Merger Agreement (Redbox Entertainment Inc.), Merger Agreement (Kindred Healthcare, Inc)
Section 409A Compliance. Each Company Giga Employee Plan that is subject to Section 409A of the Code has been operated in compliance with such section and all applicable regulatory guidance (including, without limitation, proposed regulations, notices, rulings, and final regulations).
Appears in 3 contracts
Samples: Share Exchange Agreement (Giga Tronics Inc), Share Exchange Agreement (Giga Tronics Inc), Share Exchange Agreement (BitNile Holdings, Inc.)
Section 409A Compliance. Each Company Acquirer Employee Plan that is subject to Section 409A of the Code has been operated in compliance with such section and all applicable regulatory guidance (including, without limitation, proposed regulations, notices, rulings, and final regulations).
Appears in 2 contracts
Samples: Merger Agreement (Vaporin, Inc.), Merger Agreement (Vapor Corp.)
Section 409A Compliance. Each Company Employee Plan that is subject to Section 409A of the Code has been operated in compliance in all material respects with such section and all applicable regulatory guidance (including, without limitation, proposed regulations, notices, rulings, and final regulations).
Appears in 2 contracts
Samples: Merger Agreement (Golden Enterprises Inc), Merger Agreement (Computer Software Innovations, Inc.)
Section 409A Compliance. Each Company Employee Plan that is subject to Section 409A of the Code has been operated in compliance in all material respects with such section and all applicable regulatory guidance (including, without limitation, including proposed regulations, notices, rulings, and final regulations).
Appears in 2 contracts
Samples: Merger Agreement (MGC Parent LLC), Merger Agreement (MGC DIAGNOSTICS Corp)
Section 409A Compliance. Each Company Employee Plan that is subject to Section 409A of the Code has been maintained and operated at all applicable times in compliance with such section and all applicable regulatory guidance (including, without limitation, proposed regulations, notices, rulings, and final regulations).
Appears in 2 contracts
Samples: Merger Agreement (Access to Money, Inc.), Merger Agreement (Cardtronics Inc)
Section 409A Compliance. Each From April 1, 2007, to the date hereof, each Company Employee Plan that is subject to Section 409A of the Code has been operated in compliance with such section and all applicable regulatory guidance (including, without limitation, proposed regulations, notices, rulings, and final regulations).
Appears in 2 contracts
Samples: Merger Agreement (Ebix Inc), Merger Agreement (Adam Inc)
Section 409A Compliance. Each Company Employee Plan that is subject to Section 409A of the Code has been operated in material compliance with such section and all applicable regulatory guidance (including, without limitation, proposed regulations, notices, rulings, and final regulations).
Appears in 2 contracts
Samples: Merger Agreement (Pfsweb Inc), Merger Agreement (Acquired Sales Corp)
Section 409A Compliance. Each Company Employee Plan that is subject to Section 409A of the Code has been operated in compliance with such section and all applicable regulatory guidance (including, without limitation, proposed regulations, notices, rulings, and final regulations). No Person is entitled to receive any additional payment (including any Tax gross-up or other payment) from the Company or any of its Subsidiaries as a result of the imposition of any Taxes required by Section 409A of the Code.
Appears in 2 contracts
Samples: Merger Agreement (Apex Global Brands Inc.), Merger Agreement (Apex Global Brands Inc.)
Section 409A Compliance. Each Company Employee Plan that is subject to Section 409A of the Code has been operated in material compliance with such section and all applicable regulatory guidance (including, without limitation, proposed regulations, notices, rulings, and final regulations)) or in good faith compliance where IRS guidance allows 409A compliance to be satisfied by maintenance in good faith.
Appears in 1 contract
Section 409A Compliance. Each Company Employee Plan that is subject to Section 409A of the Code has been operated in compliance in all material respects with the applicable provisions of such section and all applicable regulatory guidance (including, without limitation, proposed regulations, notices, rulings, and final regulations).
Appears in 1 contract
Section 409A Compliance. Each From January 1, 2007 to the date hereof, each Company Employee Plan that is subject to Section 409A of the Code has been operated in material compliance with such section and all applicable regulatory guidance (including, without limitation, proposed regulations, notices, rulings, and final regulations).
Appears in 1 contract
Section 409A Compliance. Each Company Focus Employee Plan that is subject to Section 409A of the Code has been operated in compliance in all material respects with such section and all applicable regulatory guidance (including, without limitation, proposed regulations, notices, rulings, and final regulations).
Appears in 1 contract
Section 409A Compliance. Each Company Employee Plan that is subject to Section 409A of the Code has been operated in compliance with such section and all applicable regulatory guidance (including, without limitation, proposed regulations, notices, rulings, and final regulations)) in all material respects.
Appears in 1 contract
Section 409A Compliance. Each To the Knowledge of the Company, each Company Employee Plan that is subject to Section 409A of the Code has been operated in compliance with such section and all applicable regulatory guidance (including, without limitation, proposed regulations, notices, rulings, and final regulations).
Appears in 1 contract
Samples: Merger Agreement (Realnetworks Inc)
Section 409A Compliance. Each Company Business Employee Plan that is subject to Section 409A of the Code has been operated in compliance with such section and all applicable regulatory guidance (including, without limitation, proposed regulations, notices, rulings, and final regulations).
Appears in 1 contract
Section 409A Compliance. Each Company Employee Plan that is subject to Section 409A of the Code has been operated and maintained in compliance with such section and all applicable regulatory guidance (including, without limitation, proposed regulations, notices, rulings, and final regulations).
Appears in 1 contract
Section 409A Compliance. Each Company Employee Plan that is subject to Section 409A of the Code has been operated in all material respects in compliance with such section and all applicable regulatory guidance (including, without limitation, proposed regulations, notices, rulings, and final regulations).
Appears in 1 contract
Samples: Merger Agreement (Corning Natural Gas Holding Corp)
Section 409A Compliance. Each Except for non-compliance that is not material to the Company and its Subsidiaries, taken as a whole, each Company Employee Plan that is subject to Section 409A of the Code has been operated in compliance with such section and all applicable regulatory guidance (including, without limitation, proposed regulations, notices, rulings, and final regulations).
Appears in 1 contract
