Section 409a of the Code Clause Example with 6 Variations from Business Contracts

This page contains Section 409a of the Code clauses in business contracts and legal agreements. An example clause is provided at the top of the page, followed by clauses with minor variations. You can view the text differences by selecting the "Show Differences" option.
Section 409a of the Code. The Performance Share Units are not intended to constitute "nonqualified deferred compensation" within the meaning of Section 409A of the Code (together with any Department of Treasury regulations and other interpretive guidance issued thereunder, including without limitation any such regulations or other guidance that may be issued after the date hereof, "Section 409A"). However, notwithstanding any other provision of the Plan, the Grant Notice or this Agreement, if at any time the Committee de...termines that the Performance Share Units (or any portion thereof) may be subject to Section 409A, the Committee shall have the right in its sole discretion (without any obligation to do so or to indemnify the Participant or any other person for failure to do so) to adopt such amendments to the Plan, the Grant Notice or this Agreement, or adopt other policies and procedures (including amendments, policies and procedures with retroactive effect), or take any other actions, as the Committee determines are necessary or appropriate either for the Performance Share Units to be exempt from the application of Section 409A or to comply with the requirements of Section 409A. View More
Found in Catalent Inc contract

Variations of a "Section 409a of the Code" Clause from Business Contracts

Section 409a of the Code. The Performance Share Units are not It is intended to constitute "nonqualified deferred compensation" within that the meaning of 2020 Award be exempt from or compliant with Section 409A of the Code (together with any Department of Treasury regulations regulation and other interpretive guidance issued thereunder, including without limitation any such regulations regulation or other guidance that may be issued after the date hereof, "Section 409A"). 409A") and this Agreement shall be interpreted, ...construed, and operated to reflect such intent. However, notwithstanding any other provision of the Plan, the Grant Notice or this Agreement, if at any time the Committee determines that the Performance Share Units 2020 Award (or any portion thereof) may be subject to Section 409A, the Committee shall have the right in its sole discretion (without any obligation to do so or to indemnify the Participant or any other person for failure to do so) to adopt such amendments to the Plan, the Grant Notice or this Agreement, or adopt other policies and procedures (including amendments, policies policies, and procedures with retroactive effect), or take any other actions, action, as the Committee determines are is necessary or appropriate either for the Performance Share Units 2020 Award to be exempt from the application of Section 409A or to comply with the requirements of Section 409A. View More
Found in Monster Beverage contract
Section 409a of the Code. The Performance Share Restricted Stock Units are not intended to constitute "nonqualified deferred compensation" within the meaning of Section 409A of the Code (together with any Department of Treasury regulations and other interpretive guidance issued thereunder, including without limitation any such regulations or other guidance that may be issued after the date hereof, "Section 409A"). However, notwithstanding any other provision of the Plan, the Grant Notice or this Restricted Stock Unit Agr...eement, if at any time the Committee determines that the Performance Share Restricted Stock Units (or any portion thereof) may be subject to Section 409A, the Committee shall have the right in its sole discretion (without any obligation to do so or to indemnify the Participant you or any other person for failure to do so) to adopt such amendments to the Plan, the Grant Notice or this Restricted Stock Unit Agreement, or adopt other policies and procedures (including amendments, policies and procedures with retroactive effect), or take any other actions, as the Committee determines are necessary or appropriate either for the Performance Share Restricted Stock Units to be exempt from the application of Section 409A or to comply with the requirements of Section 409A. View More
Found in 2 Contracts from Catalent Inc
Section 409a of the Code. The It is intended that the Performance Share Units are not intended to constitute "nonqualified deferred compensation" within the meaning of Award be exempt from or compliant with Section 409A of the Code (together with any Department of Treasury regulations regulation and other interpretive guidance issued thereunder, including without limitation any such regulations regulation or other guidance that may be issued after the date hereof, "Section 409A"). 409A") and this Agreement shall be inter...preted, construed, and operated to reflect such intent. However, notwithstanding any other provision of the Plan, the Grant Notice Plan or this Agreement, if at any time the Committee determines that the Performance Share Units Award (or any portion thereof) may be subject to Section 409A, the Committee shall have the right in its sole discretion (without any obligation to do so or to indemnify the Participant or any other person for failure to do so) to adopt such amendments to the Plan, the Grant Notice Plan or this Agreement, or adopt other policies and procedures (including amendments, policies policies, and procedures with retroactive effect), or take any other actions, action, as the Committee determines are is necessary or appropriate either for the Performance Share Units Award to be exempt from the application of Section 409A or to comply with the requirements of Section 409A. If the Participant is a "specified employee" (as defined under Section 409A) and should any portion of the Shares that would otherwise be settled under the Performance Award be determined to be payments that are not exempt from Section 409A, such Shares, to the extent otherwise payable within six (6) months after a "separation from service" (as defined under Section 409A), and to the extent necessary to avoid the imposition of taxes under Section 409A, will be settled on the earlier of the date that is six (6) months and one day after the date of such separation from service or the date of the Participant's death. View More
Found in Monster Beverage contract
Section 409a of the Code. The Performance Share Restricted Stock Units are not intended to constitute "nonqualified deferred compensation" within the meaning of Section 409A of the Code (together with any Department of Treasury regulations and other interpretive guidance issued thereunder, including without limitation any such regulations or other guidance that may be issued after the date hereof, "Section 409A"). However, notwithstanding any other provision of the Plan, the Grant Notice or this Restricted Stock Unit Agr...eement, if at any time the Committee determines that the Performance Share Restricted Stock Units (or any portion thereof) may be subject to Section 409A, the Committee shall have the right in its sole discretion (without any obligation to do so or to indemnify the Participant or any other person for failure to do so) to adopt such amendments to the Plan, the Grant Notice or this Restricted Stock Unit Agreement, or adopt other policies and procedures (including amendments, policies and procedures with 10 retroactive effect), or take any other actions, as the Committee determines are necessary or appropriate either for the Performance Share Restricted Stock Units to be exempt from the application of Section 409A or to comply with the requirements of Section 409A. View More
Found in Catalent Inc contract
Section 409a of the Code. The Performance Share Restricted Stock Units are not intended to constitute "nonqualified deferred compensation" within the meaning of Section 409A of the Code (together with any Department of Treasury regulations and other interpretive guidance issued thereunder, including without limitation any such regulations or other guidance that may be issued after the date hereof, "Section 409A"). However, notwithstanding any other provision of the Plan, the Grant Notice or this Agreement, if at any time... the Committee determines that the Performance Share Restricted Stock Units (or any portion thereof) may be subject to Section 409A, the Committee shall have the right in its sole discretion (without any obligation to do so or to indemnify the Participant or any other person for failure to do so) to adopt such amendments to the Plan, the Grant Notice or this Agreement, or adopt other policies and procedures (including amendments, policies and procedures with retroactive effect), or take any other actions, as the Committee determines are necessary or appropriate either for the Performance Share Restricted Stock Units to be exempt from the application of Section 409A or to comply with the requirements of Section 409A. View More
Found in Catalent Inc contract
Section 409a of the Code. The Performance Share Units RSUs are not intended to constitute "nonqualified deferred compensation" within the meaning of Section 409A of the Code (together with any Department of Treasury regulations and other interpretive guidance issued thereunder, including without limitation any such regulations or other guidance that may be issued after the date hereof, "Section 409A"). However, notwithstanding any other provision of the Plan, the Grant Notice or this Agreement, if at any time the Committ...ee determines that the Performance Share Units RSUs (or any portion thereof) may be subject to Section 409A, the Committee shall have the right in its sole discretion (without any obligation to do so or to indemnify the Participant you or any other person for failure to do so) to adopt such amendments to the Plan, the Grant Notice or this Agreement, or adopt other policies and procedures (including amendments, policies and procedures with retroactive effect), or take any other actions, as the Committee determines are necessary or appropriate either for the Performance Share Units RSUs to be exempt from the application of Section 409A or to comply with the requirements of Section 409A. View More
Found in 2 Contracts from 2 Companies