Section 409a Six Month Delay Contract Clauses (38)

Grouped Into 2 Collections of Similar Clauses From Business Contracts

This page contains Section 409a Six Month Delay clauses in business contracts and legal agreements. We have organized these clauses into groups of similarly worded clauses.
Section 409a Six Month Delay. Notwithstanding anything herein to the contrary, in the case of a conversion of Awarded Units and distribution of shares of Common Stock on account of any Termination of Service (other than death), if the Participant is a "specified employee" as defined in § 1.409A-1(i) of the final regulations under Section 409A of the Code, then solely to the extent required under Section 409A of the Code, a distribution of the number of such shares to the Participant (determined after application of the... withholding requirements set forth in Section 25 below), shall not occur until the date which is six (6) months following the date of the Participant's Termination of Service (or, if earlier, the date of death of the Participant). View More Arrow
Found in WatchGuard, Inc. contract
View All 4 Similar Clauses
Section 409a Six Month Delay. Notwithstanding anything herein to the contrary, in the case of a conversion of Awarded Units and distribution of shares of Common Stock on account of any Termination of Service (other than death), if the Participant is a "specified employee" as defined in § 1.409A-1(i) of the final regulations under Section 409A of the Code, then solely to the extent required under Section 409A of the Code, a distribution of the number of such shares to the Participant (determined after application of the... withholding requirements set forth in Section 25 below), shall not occur until the date which is six (6) months following the date of the Participant's Termination of Service (or, if earlier, the date of death of the Participant). [It is intended that each conversion and settlement of shares of Common Stock to be delivered under this Agreement shall be treated as a separate payment for purposes of Section 409A of the Code.] View More Arrow
Found in DropCar, Inc. contract
Section 409a Six Month Delay. Notwithstanding anything herein to the contrary, in the case of a conversion of Awarded Units and distribution of shares of Common Stock in accordance with Section 4 on account of any Termination of Service (other than death), if the Participant is a "specified employee" as defined in § 1.409A-1(i) of the final regulations under Section 409A of the Code, then solely to the extent required under Section 409A of the Code, a distribution of the number of such shares to the Participant (determined... after application of the withholding requirements set forth in Section 25 below), 16 below) shall not occur until the date which is six (6) months following the date of the Participant's Termination of Service (or, if earlier, the date of death the Participant's death). It is intended that each conversion and settlement of shares of Common Stock to be delivered under this Agreement shall be treated as a separate payment for purposes of Section 409A of the Participant). Code. View More Arrow
Found in TUESDAY MORNING CORP contract
Section 409a Six Month Delay. Notwithstanding anything herein to the contrary, in the case of a conversion of Awarded Units and distribution of shares of Common Stock on account of any Termination of Service (other than death), if the Participant is a "specified employee" as defined in § Section 1.409A-1(i) of the final regulations under Section 409A of the Code, then solely to the extent required under Section 409A of the Code, a distribution of the number of such shares Shares to the Participant (determined after... application of the withholding requirements set forth in Section 25 below), shall not occur until the date which is six (6) months following the date of the Participant's Termination of Service (or, if earlier, the date of death the Participant's death). It is intended that each conversion and settlement of shares of Common Stock to be delivered under this Agreement shall be treated as a separate payment for purposes of Section 409A of the Participant). Code. View More Arrow
Found in KLUDEIN I ACQUISITION CORP contract
View Variations (4) Arrow
Section 409a Six Month Delay. Notwithstanding anything herein to the contrary, in the case of a distribution of shares of Common Stock on account of any Termination of Service, other than death, a distribution of the number of such shares, determined after application of the withholding requirements set forth in Section 25 below, on behalf of the Participant, if the Participant is a "specified employee" as defined in § 1.409A-1(i) of the Final Regulations under Section 409A of the Code, to the extent otherwise required... under Section 409A of the Code, shall not occur until the date which is six (6) months following the date of the Participant's Termination of Service (or, if earlier, the date of death of the Participant). 25. Tax Requirements. The Participant is hereby advised to consult immediately with his or her own tax advisor regarding the tax consequences of this Agreement. Unless the Company otherwise consents in writing to an alternative withholding method, the Company, or if applicable, any Subsidiary (for purposes of this Section 25, the term "Company" shall be deemed to include any applicable Subsidiary) shall have the right to deduct any Federal, state, local, or other taxes required by law to be withheld in connection with this Award from all amounts paid in cash or in any other form in connection with the Plan. The Company may withhold any such taxes from any other cash remuneration otherwise paid by the Company to the Participant. The Company may, in its sole discretion and prior to the date of conversion, permit the Participant receiving shares of Common Stock upon conversion of Awarded Units to pay the Company the amount of any taxes that the Company is required to withhold in connection with the Participant's income arising with respect to this Award. Such payments shall be required to be made prior to the delivery of any certificate representing shares of Common Stock. Such payment, if the Company, in its sole discretion, so consents in writing, may be made (i) by the delivery of cash to the Company in an amount that equals or exceeds (to avoid the issuance of fractional shares) the required tax withholding obligations of the Company; (ii) if the Company, in its sole discretion, so consents in writing, the actual delivery by the exercising Participant to the Company of shares of Common Stock that the Participant has not acquired from the Company within six (6) months prior to the date of conversion, which shares so delivered have an aggregate Fair Market Value that equals or exceeds (to avoid the issuance of fractional shares) the required tax withholding payment; or (iii) any combination of (i) or (ii). Notwithstanding the foregoing, the Company may, in its sole discretion, withhold the number of shares to be delivered upon the conversion of the Awarded Units with an aggregate Fair Market Value that equals or exceeds (to avoid the issuance of fractional shares) the required tax withholding obligations of the Company; provided, however, if the Participant is a "specified employee" as defined in §1.409A-1(i) of the Final Regulations under Section 409A of the Code who is subject to the six (6) months delay provided for in Section 24 above, the Company shall withhold the number of shares attributable to the employment taxes on the date of the Participant's Termination of Service and withhold the number of shares attributable to the income taxes on the date which occurs six (6) months following the date of the Participant's Termination of Service (or, if earlier, the date of death of the Participant). * * * * * * * * [Remainder of Page Intentionally Left Blank Signature Page Follows.] View More Arrow
Found in Goodman Networks Inc contract
Section 409a Six Month Delay. Notwithstanding anything herein to the contrary, in the case of a distribution of shares of Common Stock on account of any Termination of Service, other than death, a distribution of the number of such shares, determined after application of the withholding requirements set forth in Section 25 below, on behalf of the Participant, if the Participant is a "specified employee" as defined in § 1.409A-1(i) of the Final Regulations under Section 409A of the Code, to the extent otherwise required... under Section 409A of the Code, shall not occur until the date which is six (6) months following the date of the Participant's Termination of Service (or, if earlier, the date of death of the Participant). 5 25. Tax Requirements. The Participant is hereby advised to consult immediately with his or her own tax advisor regarding the tax consequences of this Agreement. Unless the Company otherwise consents in writing to an alternative withholding method, the Company, or if applicable, any Subsidiary (for purposes of this Section 25, the term "Company" shall be deemed to include any applicable Subsidiary) shall have the right to deduct from all amounts paid in cash or other form in connection with the Plan, any Federal, federal, state, local, or other taxes required by law to be withheld in connection with this Award from all amounts paid Agreement. The Participant may elect to have the Company withhold an additional amount up to the maximum statutory amount in cash or in any other form in connection accordance with Company procedures, provided such withholding does not trigger liability accounting under applicable accounting rules and does not violate Section 409A of the Plan. Code. The Company may withhold any such taxes from any other cash remuneration otherwise paid by the Company to the Participant. The Company may, in its sole discretion and prior to the date of conversion, permit the Participant receiving shares of Common Stock upon conversion of Awarded Units to pay the Company the amount of any taxes that the Company is required to withhold in connection with the Participant's income arising with respect to this Award. Such payments shall be required to be made prior to the delivery of any certificate representing shares of Common Stock. Such payment, if the Company, in its sole discretion, so consents in writing, may be made (i) by the delivery of cash to the Company in an amount that equals or exceeds (to avoid the issuance of fractional shares) the required tax withholding obligations of the Company; (ii) if the Company, in its sole discretion, so consents in writing, the actual delivery by the exercising Participant to the Company of shares of Common Stock that the Participant has not acquired from the Company within six (6) months prior to the date of conversion, which shares so delivered have an aggregate Fair Market Value that equals or exceeds (to avoid the issuance of fractional shares) the required tax withholding payment; or (iii) any combination of (i) or (ii). Notwithstanding the foregoing, the Company may, in its sole discretion, withhold the number of shares to be delivered upon the conversion of the Awarded Units with an aggregate Fair Market Value that equals the amount of any federal, state, local, or exceeds (to avoid the issuance of fractional shares) the other taxes required tax withholding obligations of the Company; provided, however, by law to be withheld in connection with this Agreement. However, if the Participant is a "specified employee" as defined in §1.409A-1(i) of the Final Regulations under Section 409A of the Code who is subject to the six (6) months delay provided for in Section 24 25 above, the Company shall withhold the number of shares attributable to the employment taxes on the date of the Participant's Termination of Service and withhold the number of shares attributable to the income taxes on the date which occurs six (6) months following the date of the Participant's Termination of Service (or, if earlier, the date of death of the Participant). * * * * * * * * In no event will the fair market value of the shares of Common Stock to be withheld and/or delivered pursuant to this Section 25 to satisfy applicable withholding taxes exceed the maximum amount of taxes required to be withheld. The Company may, in its sole discretion and prior to the date of conversion, also permit the Participant receiving shares of Common Stock upon conversion of Awarded Units to pay the Company the amount of any taxes that the Company is required to withhold in connection with the Participant's income arising with respect to this Agreement. Such payments shall be required to be made prior to the delivery of any certificate representing shares of Common Stock. Such payment, if the Company, in its sole discretion, so consents in writing, may be made by (i) the delivery of cash to the Company in an amount that equals or exceeds (to avoid the issuance of fractional shares under (iii) below) the required tax withholding obligations of the Company; (ii) the actual delivery by the Participant to the Company of shares of Common Stock that the Participant has not acquired from the Company within six (6) months prior to the date of conversion, which shares so delivered have an aggregate Fair Market Value that equals or exceeds (to avoid the issuance of fractional shares under (iii) below) the required tax withholding payment; (iii) the Company's withholding of a number of shares to be delivered upon the conversion of the Awarded Units, which shares so withheld have an aggregate Fair Market Value that equals (but does not exceed) the required tax withholding payment; or (iv) any combination of (i), (ii), or (iii). The Company may, in its sole discretion, withhold any such taxes from any other cash remuneration otherwise paid by the Company to the Participant. [Remainder of Page Intentionally Left Blank Signature Page Follows.] View More Arrow
Found in InspireMD, Inc. contract
Section 409a Six Month Delay. Notwithstanding anything herein to the contrary, in the case of a conversion of Awarded Units and distribution of shares of Common Stock on account of any Termination of Service, other Service (other than death, death), if the Participant is a "specified employee" as defined in Section 1.409A-1(i) of the final regulations under Section 409A of the Code, then solely to the extent required under Section 409A of the Code, a distribution of the number of such shares, determined Shares to the... Participant (determined after application of the withholding requirements set forth in Section 25 below, on behalf of the Participant, if the Participant is a "specified employee" as defined in § 1.409A-1(i) of the Final Regulations under Section 409A of the Code, to the extent otherwise required under Section 409A of the Code, below), shall not occur until the date which is six (6) months following the date of the Participant's Termination of Service (or, if earlier, the date of death the Participant's death). It is intended that each conversion and settlement of shares of Common Stock to be delivered under this Agreement shall be treated as a separate payment for purposes of Section 409A of the Participant). Code. 4 25. Tax Requirements. The Participant is hereby advised to consult immediately with his or her own tax advisor regarding the tax consequences of this Agreement. Unless the Company otherwise consents in writing to an alternative withholding method, the Company, or if applicable, any Subsidiary Affiliate (for purposes of this Section 25, the term "Company" shall be deemed to include any applicable Subsidiary) Affiliate) shall have the right to deduct from all amounts paid in cash or other form in connection with the Plan, any Federal, federal, state, local, or other taxes required by law to be withheld in connection with this Award from all amounts paid in cash or in any other form in connection with the Plan. The Company may withhold any such taxes from any other cash remuneration otherwise paid by the Company to the Participant. Award, if any. The Company may, in its sole discretion and prior to the date of conversion, permit require the Participant receiving shares of Common Stock upon conversion of Awarded Units to pay the Company the amount of any taxes that the Company is required to withhold in connection with the Participant's income arising with respect to this Award. Such payments shall be required to be made prior to the delivery of any certificate representing shares or the registration of Common Stock. such Shares in the Participant's name. Such payment, if the Company, in its sole discretion, so consents in writing, payment may be made by (i) by the delivery of cash to the Company in an amount that equals or exceeds (to avoid the issuance of fractional shares) Shares) the required tax withholding obligations of the Company; (ii) if the Company, in its sole discretion, so consents in writing, the actual delivery of Shares (which are not subject to any pledge or other security interest) that have been both held by the exercising Participant to the Company of shares of Common Stock that the Participant has not acquired from the Company within and vested for at least six (6) months prior (or such other period in order to the date of conversion, which shares so delivered have avoid adverse accounting treatment under applicable accounting standards) having an aggregate Fair Market Value that equals or exceeds (to avoid the issuance of fractional shares) Shares) the required tax withholding payment; or (iii) any combination of (i) or (ii). Notwithstanding if the foregoing, the Company may, Company, in its sole discretion, so consents in writing, having the Company withhold from the number of shares Shares otherwise issuable or deliverable to be delivered the Participant upon the conversion of the Awarded Units into Shares, a number of Shares with an aggregate Fair Market Value that equals or exceeds (to avoid the issuance of fractional shares) Shares) the amount of such required tax withholding obligations payment using the minimum statutory withholding rates (or such other rate as may be approved by the Committee so long as such withholding does not result in adverse treatment for financial accounting purposes); or (iv) any combination of (i), (ii), or (iii). Notwithstanding the Company; foregoing, the Company may, in its sole discretion, withhold any such taxes from any other cash remuneration otherwise paid by the Company to the Participant; provided, however, if the Participant is a "specified employee" as defined in §1.409A-1(i) Section 1.409A-1(i) of the Final Regulations final regulations under Section 409A of the Code who is subject to the six (6) months delay provided for in Section 24 above, if the Company, in its sole discretion, consents to the withholding of Shares in accordance with subsection (iii) above, the Company shall withhold the number of shares Shares attributable to the employment taxes on the date of the Participant's Termination of Service and withhold the number of shares Shares attributable to the income taxes on the date which occurs six (6) months following the date of the Participant's Termination of Service (or, if earlier, the date of death of the Participant). * * * * * * * * [Remainder of Page Intentionally Left Blank Blank; Signature Page Follows.] View More Arrow
Found in KLUDEIN I ACQUISITION CORP contract
View Variations (2) Arrow