Common use of Section 409A Compliance Clause in Contracts

Section 409A Compliance. (a) The intent of the parties hereto is that payments and benefits under this Agreement be exempt from or comply with Section 409A of the Code and the regulations and guidance promulgated thereunder and, accordingly, to the maximum extent permitted, this Agreement shall be interpreted to be in compliance therewith.

Appears in 21 contracts

Samples: Employment Covenants Agreement (Restaurant Brands International Inc.), Employment Covenants Agreement (Restaurant Brands International Inc.), Employment Covenants Agreement

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Section 409A Compliance. (a) The intent of the parties hereto is that payments and benefits under this Agreement be exempt from or comply with Internal Revenue Code Section 409A of the Code and the regulations and guidance promulgated thereunder (collectively “Code Section 409A”) and, accordingly, to the maximum extent permitted, this Agreement shall be interpreted to be in compliance therewith.. In no event whatsoever shall the Company be liable for any additional tax, interest or penalty that may be imposed on Executive by Code Section 409A or damages for failing to comply with Code Section 409A.

Appears in 19 contracts

Samples: Employment Agreement (CardConnect Corp.), Employment Agreement (CardConnect Corp.), Employment Agreement (FinTech Acquisition Corp)

Section 409A Compliance. (a) The intent of the parties hereto is that payments and benefits under this Agreement be exempt from or comply with Code Section 409A of the Code and the regulations and guidance promulgated thereunder (collectively “Code Section 409A”) and, accordingly, to the maximum extent permitted, this Agreement shall be interpreted to be in compliance therewith.. In no event whatsoever shall the Company be liable for any additional tax, interest or penalty that may be imposed on Executive by Code Section 409A or damages for failing to comply with Code Section 409A.

Appears in 16 contracts

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

Section 409A Compliance. (ai) The intent of the parties hereto is that payments and benefits under this Agreement be exempt from or comply with Section 409A of the Code and the regulations and guidance promulgated thereunder (except to the extent exempt as short-term deferrals or otherwise) and, accordingly, to the maximum extent permitted, this Agreement shall be interpreted to be in compliance therewith.

Appears in 15 contracts

Samples: Employment Agreement, Employment Agreement (Burger King Holdings Inc), Employment Agreement (Burger King Holdings Inc)

Section 409A Compliance. (a) The intent of the parties hereto is that payments and benefits under this Agreement be exempt from or comply with Section 409A of the Code or are exempt therefrom and the regulations and guidance promulgated thereunder and, accordingly, to the maximum extent permitted, this Agreement shall be interpreted to be interpreted, administered and governed in compliance therewithaccordance with such intent.

Appears in 8 contracts

Samples: Performance Based Restricted Share Unit Agreement (Teradata Corp /De/), Restricted Share Unit Agreement (Teradata Corp /De/), Performance Based Restricted Share Unit Agreement (Teradata Corp /De/)

Section 409A Compliance. (a) The intent of the parties hereto is that payments and benefits under this Agreement be exempt from or comply with Section 409A of the Code or are exempt therefrom and the regulations and guidance promulgated thereunder and, accordingly, to the maximum extent permitted, this Agreement shall be interpreted to be interpreted, administered and governed in compliance therewithaccordance with such intent.

Appears in 6 contracts

Samples: Performance Based Restricted Share Unit Agreement (Teradata Corp /De/), Performance Based Restricted Share Unit Agreement (Teradata Corp /De/), Performance Based Restricted Share Unit Agreement (Teradata Corp /De/)

Section 409A Compliance. (a) The Notwithstanding any provision of this Agreement, the intent of the parties hereto is that payments and benefits under this Agreement comply with or be exempt from or comply with Internal Revenue Code Section 409A of the Code and the regulations and guidance promulgated thereunder and, accordingly, to the maximum extent permitted, this Agreement shall will be interpreted to be in compliance therewiththerewith or exempt therefrom.

Appears in 5 contracts

Samples: Employment Agreement (Ryman Hospitality Properties, Inc.), Employment Agreement (Gaylord Entertainment Co /De), Employment Agreement (Gaylord Entertainment Co /De)

Section 409A Compliance. (a) The intent of the parties hereto is that payments and benefits under this Agreement be exempt from or comply with Section 409A of the Internal Revenue Code and the regulations and guidance promulgated thereunder (“Section 409A”) or are exempt therefrom and, accordingly, to the maximum extent permitted, this Agreement shall be interpreted and administered so as to be in compliance therewith.

Appears in 2 contracts

Samples: Employment and Non Competition Agreement (National Interstate CORP), Employment and Non Competition Agreement (National Interstate CORP)

Section 409A Compliance. (a) The intent of the parties hereto is that payments and benefits under this Agreement be exempt from or comply with Section 409A of the Code and the regulations and guidance promulgated thereunder thereunder, to the extent applicable, and, accordingly, to the maximum extent permitted, this Agreement shall be administered and interpreted to be in compliance therewith, to the extent applicable.

Appears in 2 contracts

Samples: Employment Agreement (Occidental Petroleum Corp /De/), Employment Agreement (Occidental Petroleum Corp /De/)

Section 409A Compliance. (ai) The intent of the parties hereto is that payments and benefits under this Agreement be comply with, or are exempt from or comply with from, Section 409A of the Code and the regulations and guidance promulgated thereunder and, accordingly409A. Accordingly, to the maximum extent permitted, this Agreement shall be interpreted to be in compliance therewith.therewith or exempt therefrom. In no event whatsoever shall the Company be liable for any additional tax, interest or penalty that may be imposed on the Executive by Section 409A or damages for failing to comply with Section 409A.

Appears in 2 contracts

Samples: Employment Agreement (Appfolio Inc), Employment Agreement (Appfolio Inc)

Section 409A Compliance. (a) The intent of the parties hereto is that payments and benefits under this Agreement be comply with, or are exempt from or comply with from, Section 409A of the Code and the regulations and guidance promulgated thereunder and, accordingly409A. Accordingly, to the maximum extent permitted, this Agreement shall be interpreted to be in compliance therewith.therewith or exempt therefrom. In no event whatsoever shall the Company be liable for any additional tax, interest or penalty that may be imposed on Xxxxxxx by Section 409A or damages for failing to comply with Section 409A.

Appears in 1 contract

Samples: Employment Agreement (Appfolio Inc)

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Section 409A Compliance. (a1) The intent of the parties hereto is that payments and benefits under this Agreement be exempt from or comply with Section 409A of the Code and the regulations and guidance promulgated thereunder (collectively “Code Section 409A”) and, accordingly, to the maximum extent permitted, this Agreement shall be interpreted to be in compliance therewith.. In no event whatsoever shall the Company be liable for any additional tax, interest or penalty that may be imposed on You by Code Section 409A or damages for failing to comply with Code Section 409A.

Appears in 1 contract

Samples: Executive Employment Agreement (Prommis Solutions Holding Corp.)

Section 409A Compliance. (a) The intent of the parties hereto is that payments and benefits under this Agreement either comply with Code Section 409A or be exempt from or comply with the application of Code Section 409A of the Code and the regulations and guidance promulgated thereunder 409A, and, accordingly, to the maximum extent permitted, this Agreement shall be interpreted to be in compliance therewith.. To the extent that any provision hereof is modified in order to comply with Code Section 409A, such modification shall be made in good faith and shall, to the maximum extent reasonably possible, maintain the original intent and economic benefit to the Employee and the Company of the applicable provision without violating the provisions of Code Section 409A.

Appears in 1 contract

Samples: Separation Agreement and General Release (Citadel Broadcasting Corp)

Section 409A Compliance. (ai) The intent of the parties hereto is that payments and benefits under this Agreement be exempt from or comply with Section 409A of the Code and the regulations and guidance promulgated thereunder thereunder, to the extent applicable, and, accordingly, to the maximum extent permitted, this Agreement shall be administered and interpreted to be in compliance therewith, to the extent applicable.

Appears in 1 contract

Samples: Employment Agreement (Occidental Petroleum Corp /De/)

Section 409A Compliance. (ai) The intent of the parties hereto is that payments and benefits under this Agreement be exempt from or comply with Code Section 409A of the Code and the regulations and guidance promulgated thereunder and, accordingly, to the maximum extent permitted, this Agreement shall be interpreted to be exempt from, and, to the extent not exempt, in compliance therewith.. To the extent that any provision hereof is modified in order to comply with Code Section 409A, such modification shall be made in good faith and shall, to the maximum extent reasonably possible, maintain the original intent and economic benefit to the

Appears in 1 contract

Samples: Employment Agreement (Spirit Realty Capital, Inc.)

Section 409A Compliance. (a) a. The intent of the parties hereto is that payments and benefits under this Agreement be exempt from or comply with Section 409A of the Code and the regulations and guidance promulgated thereunder thereunder, to the extent applicable, and, accordingly, to the maximum extent permitted, this Agreement shall be administered and interpreted to be in compliance therewith, to the extent applicable.

Appears in 1 contract

Samples: Employment Agreement (Occidental Petroleum Corp /De/)

Section 409A Compliance. (a) The intent of the parties hereto is that payments and benefits under this Agreement comply with, or be exempt from or comply with from, Section 409A of the Code and the regulations and guidance promulgated thereunder and, accordingly, to the maximum extent permitted, this Agreement shall will be interpreted to be in compliance therewith.

Appears in 1 contract

Samples: Employment Agreement (Loton, Corp)

Section 409A Compliance. (ai) The intent of the parties hereto is that payments and benefits under this Agreement be exempt from or comply with Code Section 409A of the Code and the regulations and guidance promulgated thereunder and, accordingly, to the maximum extent permitted, this Agreement shall be interpreted to be exempt from, and, to the extent not exempt, in compliance therewith.. To the extent that any provision hereof is modified in order to comply with Code Section 409A, such modification shall be made in good faith and shall, to the maximum extent reasonably possible, maintain the original intent and economic benefit to the Employee and the Company of the applicable provision without violating the provisions of Code

Appears in 1 contract

Samples: Employment Agreement (Spirit Realty Capital, Inc.)

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