Section 409A; Tax Consequences Sample Clauses

Section 409A; Tax Consequences. As described above and in Section 2 below, based on the current guidance and final regulations with respect to certain items of compensation under Section 409A, your Eligible Options may be subject to adverse tax consequences under Section 409A, unless they are brought into compliance with Section 409A before December 31, 2008 or, if earlier, the date on which those options are exercised. We believe that we have complied in good faith with the current guidance and final regulations under Section 409A in structuring this Offer in a manner that will provide you with the opportunity to avoid adverse tax consequences with respect to you Eligible Options under Section 409A. However, the Internal Revenue Service (“IRS”) may provide additional relief and guidance with respect to certain Eligible Options so that those options would not be subject to adverse tax consequences under Section 409A. There can be no assurance as to the effect of any future IRS guidance.