Common use of Short-Term Deferral Exemption Clause in Contracts

Short-Term Deferral Exemption. This Agreement is not intended to provide for any deferral of compensation subject to Code Section 409A and, accordingly, the benefits provided pursuant to this Agreement are intended to be paid not later than the later of: (i) the fifteenth day of the third month following Executive’s first taxable year in which such benefit is no longer subject to a substantial risk of forfeiture, and (ii) the fifteenth day of the third month following the first taxable year of the Company in which such benefit is no longer subject to a substantial risk of forfeiture, as determined in accordance with Code Section 409A and any Treasury Regulations and other guidance issued thereunder. The date determined under this subsection is referred to as the “Short-Term Deferral Date.”

Appears in 5 contracts

Samples: Change in Control Severance Agreement (Peerless Systems Corp), Employment Agreement (Medicis Pharmaceutical Corp), Employment Agreement (Medicis Pharmaceutical Corp)

AutoNDA by SimpleDocs

Short-Term Deferral Exemption. This Agreement is not intended to provide for any deferral of compensation subject to Code Section 409A of the Code and, accordingly, the benefits provided pursuant to this Agreement are intended to be paid not later than the later of: (i) the fifteenth day of the third month following the Executive’s first taxable year in which such benefit is no longer subject to a substantial risk of forfeiture, and (ii) the fifteenth day of the third month following the first taxable year of the Company in which such benefit is no longer subject to a substantial risk of forfeiture, as determined in accordance with Code Section 409A of the Code and any Treasury Regulations and other guidance issued thereunder. The date determined under this subsection is referred to as the “Short-Term Deferral Date.”

Appears in 5 contracts

Samples: Employment Agreement (Grubb & Ellis Co), Employment Agreement (Cnet Networks Inc), Employment Agreement (Grubb & Ellis Co)

Short-Term Deferral Exemption. This Agreement is not intended to provide for any deferral of compensation subject to Code Section 409A of the Internal Revenue Code (the “Code”) and, accordingly, the benefits provided pursuant to this Agreement are intended to be paid not later than the later of: (i) the fifteenth (15th) day of the third (3rd) month following the Executive’s first taxable year in which such benefit is no longer subject to a substantial risk of forfeiture, and (ii) the fifteenth day of the third month following the first taxable year of the Company in which such benefit is no longer subject to a substantial risk of forfeiture, as determined in accordance with Code Section 409A of the Code and any Treasury Regulations and other guidance issued thereunder. The date determined under this subsection Section 9(a) is referred to as the “Short-Term Deferral Date.”

Appears in 2 contracts

Samples: Employment Agreement (Overhill Farms Inc), Employment Agreement (Overhill Farms Inc)

Short-Term Deferral Exemption. This Agreement is not intended to provide for any deferral of compensation subject to Code Section 409A and, accordingly, the benefits provided pursuant to this Agreement are intended to be paid not later than the later of: (i) the fifteenth 15th day of the third month following ExecutiveEmployee’s first taxable year in which such benefit is no longer subject to a substantial risk of forfeiture, and (ii) the fifteenth 15th day of the third month following the first taxable year of the Company in which such benefit is no longer subject to a substantial risk of forfeiture, as determined in accordance with Code Section 409A and any Treasury Regulations and other guidance issued thereunder. The date determined under this subsection is referred to as the “Short-Term Deferral Date.”

Appears in 2 contracts

Samples: Employment Agreement (Isotis Inc), Employment Agreement (Isotis Inc)

Short-Term Deferral Exemption. This Agreement is not intended to provide for any deferral of compensation subject to Code Section 409A and, accordingly, the benefits provided pursuant to this Agreement are Severance Payment payable under Section 2(a)(ii) is intended to be paid not later than the later of: (i) the fifteenth 15th day of the third month following Executive’s first taxable year in which such severance benefit is no longer subject to a substantial risk of forfeiture, and (ii) the fifteenth 15th day of the third month following the first taxable year of the Company Companies in which such severance benefit is no longer subject to a substantial risk of forfeiture, as determined in accordance with Code Section 409A and any Treasury Regulations and other guidance issued thereunder. The date determined under this subsection is referred to as the “Short-Term Deferral Date.”

Appears in 2 contracts

Samples: Severance Benefits Agreement (Leap Wireless International Inc), Form of Severance Benefits Agreement (Leap Wireless International Inc)

AutoNDA by SimpleDocs

Short-Term Deferral Exemption. This Agreement is not intended to provide for any deferral of compensation subject to Code Section 409A and, accordingly, the benefits provided pursuant to this Agreement are intended to be paid not later than the later of: (i) the fifteenth day of the third month following Executive’s first taxable year in which such benefit is no longer subject to a substantial risk of forfeiture, and (ii) the fifteenth day of the third month following the first taxable year of the Company in which such benefit is no longer subject to a substantial risk of forfeiture, as determined in accordance with Code Section 409A and any Treasury Regulations and other guidance issued thereunderthere under. The date determined under this subsection is referred to as the “Short-Term Deferral Date.”

Appears in 1 contract

Samples: Employment Agreement (Peerless Systems Corp)

Short-Term Deferral Exemption. This Agreement is not intended to provide for any deferral of compensation subject to Code Section 409A of the Code and, accordingly, the benefits provided pursuant to this Agreement are intended to be paid not later than the later of: (i) the fifteenth day of the third month following Executive’s 's first taxable year in which such benefit is no longer subject to a substantial risk of forfeiture, and (ii) the fifteenth day of the third month following the first taxable year of the Company Bank in which such benefit is no longer subject to a substantial risk of forfeiture, as determined in accordance with Code Section 409A of the Code and any Treasury Regulations and other guidance issued thereunder. The date determined under this subsection is referred to as the "Short-Term Deferral Date."

Appears in 1 contract

Samples: Employment Agreement (Temecula Valley Bancorp Inc)

Time is Money Join Law Insider Premium to draft better contracts faster.