U.S. Internal Revenue Code Section 409A Sample Clauses
U.S. Internal Revenue Code Section 409A. If you are subject to U.S. Internal Revenue Code Section 409A (“Section 409A”), then the following provisions shall apply:
(a) Any provision, application or interpretation of this Agreement that is inconsistent with Section 409A shall be disregarded. In no event shall the Company, any of its affiliates, any of its agents, or any member of the Board have any liability for any taxes, interests or penalties imposed in connection with a failure of this Agreement to comply with Section 409A.
(b) If (i) any payment hereunder is a non-exempt amount payable under a “nonqualified deferred compensation plan” (as defined in Section 409A) upon a “separation from service” (as defined in Section 409A) (other than death), and (ii) you are a “specified employee” (as that term is defined in Section 409A and pursuant to procedures established by the Company) on the date of such separation from service, then any Shares or cash payable pursuant to the RSUs on account of such separation from service (other than death) will not be paid to you during the six-month period immediately following such separation from service. Instead, the Shares or cash that would have been payable pursuant to the RSUs on account of your separation from service shall be paid no earlier than the first day of the seventh month following your separation from service.
U.S. Internal Revenue Code Section 409A. To the extent the Grantee is subject to Section 409A, any provision, application or interpretation of this Agreement that is inconsistent with Section 409A shall be disregarded. In no event shall the Company, any of its affiliates, any of its agents, or any member of the Board have any liability for any taxes, interest or penalties imposed in connection with a failure of the Plan to comply with Section 409A.
U.S. Internal Revenue Code Section 409A. If any amounts payable to Executive pursuant to this Supplement are subject to ▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇ ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ Internal Revenue Code (“Section 409A”), and an exception to Section 409A does not apply, then, notwithstanding any provision in this Supplement to the contrary: (a) the payment of such amount will be made to Executive six months plus five business days following the date of Executive’s termination of employment (provided that at the time of actual payment Executive has met all other conditions and requirements for that payment under this Supplement), (b) no payment of such amount will be made to Executive before the date described in clause (a) above, and (c) no interest shall accrue or be payable to Executive for any payments that are delayed pursuant to this Section 4. ▇▇▇▇▇▇ assumes no obligation to pay or reimburse Employee for any taxes incurred under Section 409A.
U.S. Internal Revenue Code Section 409A. To the extent the Grantee is subject to U.S. Internal Revenue Code Section 409A, any provision, application or interpretation of this RSU that is inconsistent with such U.S. Internal Revenue Code Sections shall be disregarded with respect to such RSU, as applicable. In no event shall the Company, any of its affiliates, any of its agents, or any member of the Board have any liability for any taxes imposed in connection with a failure of the Plan to comply with U.S. Internal Revenue Code Section 409A. If the Grantee is subject to U.S. Internal Revenue Code Section 409A, this Agreement will be interpreted in a manner to comply with the requirements of U.S. Internal Revenue Code Section 409A by conforming it with the provisions found in the model U.S. annual restricted stock unit agreement.
U.S. Internal Revenue Code Section 409A. In the event that the Employee becomes subject to the provisions associated with US internal Revenue Code Section 409A then this Employment Agreement is intended to comply with Section 409A, and any ambiguous provision will be construed in a manner that is compliant with or exempt from the application of Section 409A. Notwithstanding any provision to the contrary in this Agreement, if the Employee has a termination of employment (other than by reason of death), and the Employee is deemed on his termination date to be a “specified employee” within the meaning of that term under Section 409A(a)(2)(B), then the payments and benefits under this Employment Agreement that are subject to Section 409A shall be made or provided as soon as practicable but not prior to the later of (A) the payment date set forth in this Employment Agreement or (B) the date that is the earlier of (i) the expiration of the six-month period measured from the date of his termination or (ii) the date of his death, in either case without interest for such ▇▇-▇▇▇. Any reimbursement of expenses due to the Employee under this Employment Agreement are limited to actual expenses incurred and shall be paid no later than the earlier of (i) the time prescribed under the Company’s applicable policies and procedures, or (ii) the last day of the calendar year following the calendar year in which he incurred the reimbursable expense.
U.S. Internal Revenue Code Section 409A. To the extent the Grantee is subject to Section 409A, any provision, application or interpretation of this Agreement that is inconsistent with Section 409A shall be disregarded. In no event shall the Company, any of its affiliates, any of its agents, or any member of the Board have any liability for any taxes, interest or penalties imposed in connection with a failure of the Plan to comply with Section 409A. If the Grantee is subject to Section 409A, this Agreement will be interpreted in a manner to comply with the requirements of Section 409A by conforming it with the provisions found in the model U.S. annual restricted stock unit agreement.
U.S. Internal Revenue Code Section 409A. To the extent the Grantee is subject to U.S. Internal Revenue Code Section 409A, any provision, application or interpretation of this RSU that is inconsistent with such U.S. Internal Revenue Code Sections shall be disregarded with respect to such RSU, as applicable. In no event shall the Company, any of its affiliates, any of its agents, or any member of the Board have any liability for any taxes imposed in connection with a failure of the Plan to comply with U.S. Internal Revenue Code Section 409A.