Common use of Section 409A Savings Clause Clause in Contracts

Section 409A Savings Clause. It is the intention of the parties that compensation or benefits payable under this Agreement not be subject to the additional tax imposed pursuant to Section 409A of the Code. To the extent such potential payments or benefits could become subject to such Section, the parties shall cooperate to amend this Agreement with the goal of giving Executive the economic benefits described herein in a manner that does not result in such tax being imposed.

Appears in 4 contracts

Samples: Employment Agreement (Red Robin Gourmet Burgers Inc), Restricted Stock Grant Agreement (Red Robin Gourmet Burgers Inc), Restricted Stock Grant Agreement (Red Robin Gourmet Burgers Inc)

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Section 409A Savings Clause. It is the intention intent of the parties Company and Employee that compensation payments or benefits payable under this Agreement not be subject to the additional tax tax, penalties, and interest imposed pursuant to under Internal Revenue Code Section 409A 409A, and the provisions of the CodeAgreement shall be construed and administered in accordance with such intent. To the extent such potential payments or benefits could become subject to such SectionSection 409A, the parties shall cooperate Company and Employee agree to amend this the Agreement with the goal of giving Executive the Employee the economic benefits described herein in this Agreement in a manner that does not result in such tax being imposed.

Appears in 2 contracts

Samples: Change of Control Agreement (Simtek Corp), Change of Control Agreement (Simtek Corp)

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Section 409A Savings Clause. It is the intention of the parties Company that compensation payments or benefits payable under this Agreement Plan not be subject to the additional tax imposed pursuant to Code Section 409A 409A, and the provisions of the Codethis Plan shall be construed and administered in accordance with such intent. To the extent such potential payments or benefits could become subject to such SectionCode Section 409A, the parties Company shall cooperate be entitled to amend this Agreement the Plan with the goal of giving Executive the participants the economic benefits described herein in a manner that does not result in such tax being imposed.

Appears in 1 contract

Samples: Supplemental Savings Plan (Cimarex Energy Co)

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