Common use of Section 409A Limit Clause in Contracts

Section 409A Limit. “Section 409A Limit” means two (2) times the lesser of: (i) the Employee’s annualized compensation based upon the annual rate of pay paid to the Employee during the Employee’s taxable year preceding the Employee’s taxable year of the termination of the Employee’s employment as determined under, and with such adjustments as are set forth in, Treasury Regulation Section 1.409A-1(b)(9)(iii)(A)(1) and any Internal Revenue Service guidance issued with respect thereto; or (ii) the maximum amount that may be taken into account under a qualified plan pursuant to Section 401(a)(17) of the Code for the year in which the Covered the Employee’s employment is terminated.

Appears in 6 contracts

Samples: Retention Agreement, Retention Agreement (Neophotonics Corp), Retention Agreement (Neophotonics Corp)

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Section 409A Limit. “Section 409A Limit” means will mean the lesser of two (2) times the lesser oftimes: (i) the Employee’s annualized compensation based upon the annual rate of pay paid to the Employee during the Employee’s taxable year preceding the Employee’s taxable year of the termination of the Employee’s employment separation from service as determined under, and with such adjustments as are set forth in, Treasury Regulation Section 1.409A-1(b)(9)(iii)(A)(1) and any Internal Revenue Service guidance issued with respect thereto; or (ii) the maximum amount that may be taken into account under a qualified plan pursuant to Section 401(a)(17) of the Code for the year in which the Covered the Employee’s employment is terminatedseparation from service occurred.

Appears in 5 contracts

Samples: Change of Control and Severance Agreement (Cutera Inc), Change of Control and Severance Agreement (Gi Dynamics, Inc.), Change of Control and Severance Agreement (Cutera Inc)

Section 409A Limit. “Section 409A Limit” means will mean the lesser of two (2) times the lesser oftimes: (i) the Employee’s annualized compensation based upon the annual rate of pay paid to the Employee during the Employee’s taxable year preceding the Employee’s taxable year of the Employee’s termination of the Employee’s employment as determined under, and with such adjustments as are set forth in, Treasury Regulation Section 1.409A-1(b)(9)(iii)(A)(1) and any Internal Revenue Service guidance issued with respect thereto; or (ii) the maximum amount that may be taken into account under a qualified plan pursuant to Section 401(a)(17) of the Code for the year in which the Covered the Employee’s employment is terminated.

Appears in 4 contracts

Samples: Change of Control Severance Agreement (Bluearc Corp), Change of Control Severance Agreement (Bluearc Corp), Change of Control Severance Agreement (Bluearc Corp)

Section 409A Limit. “Section 409A Limit” means two (2) times the lesser of: (i) the Employee’s annualized compensation based upon the annual rate of pay paid to the Employee during the Employee’s taxable year preceding the Employee’s taxable year of the termination of the Employee’s employment as determined under, and with such adjustments as are set forth in, Treasury Regulation Section 1.409A-1(b)(9)(iii)(A)(1) and any Internal Revenue Service guidance issued with respect thereto; or (ii) the maximum amount that may be taken into account under a qualified plan pursuant to Section 401(a)(17) of the Code for the year in which the Covered the Employee’s employment is terminated.

Appears in 3 contracts

Samples: Retention Agreement (Neophotonics Corp), Retention Agreement (Neophotonics Corp), Retention Agreement (Neophotonics Corp)

Section 409A Limit. “Section 409A Limit” means will mean the lesser of two (2) times the lesser oftimes: (i) the Employee’s annualized compensation based upon the annual rate of pay paid to the Employee during the Employee’s taxable year preceding the Employee’s taxable year of the termination of the Employee’s employment separation from service as determined under, and with such adjustments as are set forth in, Treasury Regulation Section 1.409A-1(b)(9)(iii)(A)(1) and any Internal Revenue Service guidance issued with respect thereto; or (ii) the maximum amount that may be taken into account under a qualified plan pursuant to Section 401(a)(17) of the Code for the year in which the Covered the Employee’s employment is terminatedseparation from service occurred.

Appears in 1 contract

Samples: Change of Control and Severance Agreement (Cutera Inc)

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Section 409A Limit. “Section 409A Limit” means will mean the lesser of two (2) times the lesser oftimes: (i) the Employee’s annualized compensation based upon the annual rate of pay paid to the Employee during the Employee’s taxable year preceding the Employee’s taxable year of the Employee’s termination of the Employee’s employment as determined under, and with such adjustments as are set forth in, Treasury Regulation Section 1.409A-1(b)(9)(iii)(A)(11.409A‑1(b)(9)(iii)(A)(1) and any Internal Revenue Service guidance issued with respect thereto; or (ii) the maximum amount that may be taken into account under a qualified plan pursuant to Section 401(a)(17) of the Code for the year in which the Covered the Employee’s employment is terminated.

Appears in 1 contract

Samples: Change of Control Severance Agreement (Fuel Tech, Inc.)

Section 409A Limit. “Section 409A Limit” means the lesser of two (2) times the lesser oftimes: (i) the Employee’s annualized compensation based upon the annual rate of pay paid to the Employee during the Employee’s taxable year preceding the Employee’s taxable year of the Employee’s termination of the Employee’s employment as determined under, and with such adjustments as are set forth in, Treasury Regulation Section 1.409A-1(b)(9)(iii)(A)(1) and any Internal Revenue Service guidance issued with respect thereto; or (ii) the maximum amount that may be taken into account under a qualified plan pursuant to Section 401(a)(17) of the Code for the year in which the Covered the Employee’s employment is terminated.

Appears in 1 contract

Samples: Change in Control and Severance Agreement (Endocyte Inc)

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