Section 409a Clause Example from Business Contracts
This example Section 409a clause appears in
5 contracts
from
1 company
Section 409a. If any provision of this Agreement does not satisfy the requirements of Section 409A, then such provision shall nevertheless be applied in a manner consistent with those requirements. Any payments under this Agreement that may be excluded from Section 409A either as separation pay due to an involuntary separation from service or as a short-term deferral shall be excluded from Section 409A to the maximum extent possible. Notwithstanding the foregoing, the Company makes no representations that the
... payments and benefits provided under this Agreement are exempt from, or compliant with, Section 409A and in no event shall the Company be liable for all or any portion of any taxes, penalties, interest or other expenses that may be incurred by the Employee on account of non-compliance with Section 409A. If any payment or benefit provided to the Employee in connection with his termination of employment is determined to constitute "nonqualified deferred compensation" within the meaning of Section 409A and the Employee is determined to be a "specified employee" as defined in Section 409A(a)(2)(b)(i), then all such payments or benefits shall not be paid until the first payroll date to occur following the six-month anniversary of the Termination Date in a lump sum, and thereafter, any remaining payments shall be paid without delay in accordance with their original schedule.12. Effect of Termination. The provisions of Sections 2(e), 3, 4, 6 and 11 and those provisions necessary to interpret and enforce them, shall survive any termination of this Agreement and any termination of the employment relationship between Employee and the Company.13. Third-Party Beneficiaries. Each subsidiary of the Company that is not a signatory to this Agreement is an intended, third-party beneficiary of Employee's obligations under Sections 3 and 4 above and shall be entitled to enforce such obligations as if a party hereto.
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Spark Energy, Inc. Contracts
Employment Agreement Spark Energy, Inc.
(Filed With SEC on August 4, 2015)
Employment Agreement Spark Energy, Inc.
(Filed With SEC on April 20, 2015)
Employment Agreement Spark Energy, Inc.
(Filed With SEC on April 20, 2015)
Employment Agreement Spark Energy, Inc.
(Filed With SEC on April 20, 2015)
Employment Agreement Spark Energy, Inc.
(Filed With SEC on April 20, 2015)
