Section 409A Limit. “Section 409A Limit” means two (2) times the lesser of: (i) Executive’s annualized compensation based upon the annual rate of pay paid to Executive during Executive’s taxable year preceding 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)
Section 409A Limit. “Section 409A Limit” means will mean the lesser of two (2) times the lesser oftimes: (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
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Samples: Executive Severance Agreement (Plantronics Inc /Ca/)
Section 409A Limit. For purposes of this Agreement, “Section 409A Limit” means shall mean the lesser of two (2) times the lesser oftimes: (i) the Executive’s annualized compensation based upon the annual rate of pay paid to the Executive during Executivethe Company’s taxable year preceding Executivethe Company’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.
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Section 409A Limit. “Section 409A Limit” means shall mean the lesser of two (2) times the lesser oftimes: (i) Executive’s 's annualized compensation based upon the annual rate of pay paid to Executive during Executive’s the Company's taxable year preceding Executive’s the 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: Control Retention Agreement (Brocade Communications Systems Inc)
Section 409A Limit. “Section 409A Limit” means will mean two (2) times 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; orRegulation
Appears in 1 contract
Samples: Change in Control and Severance Agreement (Box Inc)