Common use of Section 409A Limit Clause in Contracts

Section 409A Limit. “Section 409A Limit” will mean the lesser of two (2) times: (i) Executive’s annualized compensation based upon the annual rate of pay paid to Executive during the Executive’s taxable year preceding the Executive’s taxable year of Executive’s termination of employment as determined under, and with such adjustments as are set forth in, Treasury Regulation 1.409A-1(b)(9)(iii)(A)(1) and any Internal Revenue Service guidance issued with respect thereto; or

Appears in 1 contract

Samples: Executive Severance Agreement (Plantronics Inc /Ca/)

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Section 409A Limit. “Section 409A Limit” will mean two times the lesser of two (2) timesof: (i) Executive’s annualized compensation based upon the annual rate of pay paid to Executive during the Executive’s taxable year preceding the Executive’s taxable year of Executive’s termination of employment as determined under, and with such adjustments as are set forth in, Treasury Regulation 1.409A-1(b)(9)(iii)(A)(1) and any Internal Revenue Service guidance issued with respect thereto; orRegulation

Appears in 1 contract

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

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

Appears in 1 contract

Samples: Employment Transition Agreement (Synacor, Inc.)

Section 409A Limit. “Section 409A Limit” will shall mean the lesser of two (2) times: (i) Executive’s 's annualized compensation based upon the annual rate of pay paid to Executive during the Executive’s Company's taxable year preceding the Executive’s Company's taxable year of Executive’s 's termination of employment; 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 Executive's employment as determined under, and with such adjustments as are set forth in, Treasury Regulation 1.409A-1(b)(9)(iii)(A)(1) and any Internal Revenue Service guidance issued with respect thereto; oris terminated.

Appears in 1 contract

Samples: Change of Control Retention Agreement (Brocade Communications Systems Inc)

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Section 409A Limit. “Section 409A Limit” will mean the lesser of means two (2) timestimes the lesser of: (i) Executive’s annualized compensation based upon the annual rate of pay paid to Executive during the Executive’s taxable year preceding the Executive’s taxable year of Executive’s termination of employment as determined under, and with such adjustments as are set forth in, Treasury Regulation 1.409A-1(b)(9)(iii)(A)(1) and any Internal Revenue Service guidance issued with respect thereto; or

Appears in 1 contract

Samples: Severance and Change in Control Agreement (Scilex Holding Co)

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