Common use of Section 409A Issuance Delays Clause in Contracts

Section 409A Issuance Delays. To the extent that an RSU is or becomes subject to Code Section 409A and Participant is a “specified employee” under Company’s specified employee identification procedures, then, notwithstanding any other provision of this Agreement, any payment of shares of Stock or cash pursuant to this Agreement on account of Participant's Separation from Service shall be delayed until the first day after six-months following such Separation from Service, as required for the avoidance of penalties and/or excise taxes under Code Section 409A.

Appears in 2 contracts

Samples: MGP Ingredients Inc, MGP Ingredients Inc

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Section 409A Issuance Delays. To the extent that an RSU is or becomes subject to Code Section 409A and Participant is a "specified employee" under Company’s specified employee identification procedures, then, notwithstanding any other provision of this Agreement, any payment of shares of Stock or cash pursuant to this Agreement on account of Participant's Separation from Service shall be delayed until the first day after six-months following such Separation from Service, as required for the avoidance of penalties and/or excise taxes under Code Section 409A.

Appears in 1 contract

Samples: MGP Ingredients Inc

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Section 409A Issuance Delays. To the extent that an RSU is or becomes subject to Code Section 409A and Participant is a “specified employee” under Company’s specified Form of RSU Agreement (Award Agreement for Cliff Vesting) employee identification procedures, then, notwithstanding any other provision of this Agreement, any payment of shares of Stock or cash pursuant to this Agreement on account of Participant's Separation from Service shall be delayed until the first day after six-months following such Separation from Service, as required for the avoidance of penalties and/or excise taxes under Code Section 409A.

Appears in 1 contract

Samples: MGP Ingredients Inc

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