Section 409a Clause Example with 5 Variations from Business Contracts

This page contains Section 409a 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. In no event will cash compensation or expense reimbursement payments under this Policy be paid after the later of (a) the 15th day of the 3rd month following the end of the Company's taxable year in which the compensation is earned or expenses are incurred, as applicable, or (b) the 15th day of the 3rd month following the end of the calendar year in which the compensation is earned or expenses are incurred, as applicable, in compliance with the "short-term deferral" exception under Section 409A.... It is the intent of this Policy that this Policy and all payments hereunder be exempt from or otherwise comply with the requirements of Section 409A so that none of the compensation to be provided hereunder will be subject to the additional tax imposed under Section 409A, and any ambiguities or ambiguous terms herein will be interpreted to be so exempt or comply. In no event will the Company or any of its Parents or Subsidiaries have any responsibility, liability, or obligation to reimburse, indemnify, or hold harmless an Outside Director (or any other person) for any taxes imposed, or other costs incurred, as a result of Section 409A. View More

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

Section 409a. In no event will cash compensation or expense reimbursement payments under this Policy be paid after the later of (a) the 15th fifteenth (15th) day of the 3rd third (3rd) month following the end of the Company's taxable year in which the compensation is earned or expenses are incurred, as applicable, or (b) the 15th fifteenth (15th) day of the 3rd third (3rd) month following the end of the calendar year in which the compensation is earned or expenses are incurred, as applicable, in compliance wi...th the "short-term deferral" exception under Section 409A. It is the intent of this Policy that this Policy and all payments hereunder be exempt from or otherwise comply with the requirements of Section 409A so that none of the compensation to be provided hereunder will be subject to the additional tax imposed under Section 409A, and any ambiguities or ambiguous terms herein will be interpreted to be so exempt or comply. In no event will the Company or any of its Parents Parent or Subsidiaries have any responsibility, liability, or obligation to reimburse, indemnify, or hold harmless an Outside Director (or any other person) for any taxes imposed, imposed or other costs incurred, incurred as a result of Section 409A. View More
Section 409a. In no event will cash compensation or expense reimbursement payments under this Policy be paid after the later of (a) the 15th fifteenth (15th) day of the 3rd third (3rd) month following the end of the Company's taxable year in which the compensation is earned or expenses are incurred, as applicable, or (b) the 15th fifteenth (15th) day of the 3rd third (3rd) month following the end of the calendar year in which the compensation is earned or expenses are incurred, as applicable, in compliance wi...th the "short-term deferral" exception under Section 409A. It is the intent of this Policy that this Policy and all payments hereunder be exempt from or otherwise comply with the requirements of Section 409A so that none of the compensation to be provided hereunder will be subject to the additional tax imposed under Section 409A, and any ambiguities or ambiguous terms herein will be interpreted to be so exempt or comply. In no event will the Company or any of its Parents or Subsidiaries have any responsibility, liability, or obligation to reimburse, indemnify, or hold harmless an Outside Director (or any other person) for any taxes imposed, or other costs incurred, as a result of Section 409A. View More
Section 409a. In no event will cash compensation or expense reimbursement payments under this Policy be paid after the later of (a) the (i) 15th day of the 3rd month following the end of the Company's taxable fiscal year in which the compensation is earned or expenses are incurred, as applicable, or (b) the (ii) 15th day of the 3rd month following the end of the calendar year in which the compensation is earned or expenses are incurred, as applicable, in compliance with the "short-term deferral" exception und...er Section 409A. 409A of the Internal Revenue Code of 1986, as amended, and the final regulations and guidance thereunder, as may be amended from time to time (together, "Section 409A"). It is the intent of this Policy that this Policy and all payments hereunder be exempt from or otherwise comply with the requirements of Section 409A so that none of the compensation to be provided hereunder will be subject to the additional tax imposed under Section 409A, and any ambiguities or ambiguous terms herein will be interpreted to be so exempt or comply. In no event will the Company or any of its Parents or Subsidiaries have any responsibility, liability, or obligation to reimburse, indemnify, or hold harmless reimburse an Outside Director (or any other person) for any taxes imposed, imposed or other costs incurred, incurred as a result of Section 409A. View More
Section 409a. In no event will cash compensation or expense reimbursement payments under this Policy be paid after the later of (a) the (i) 15th day of the 3rd month following the end of the Company's taxable year Fiscal Year in which the compensation is earned or expenses are incurred, as applicable, or (b) the (ii) 15th day of the 3rd month following the end of the calendar year in which the compensation is earned or expenses are incurred, as applicable, in compliance with the "short-term deferral" exceptio...n under Section 409A. 409A of the Internal Revenue Code of 1986, as amended, and the final regulations and guidance thereunder, as may be amended from time to time (together, "Section 409A"). It is the intent of this Policy that this Policy and all payments hereunder be exempt from or otherwise comply with the requirements of Section 409A so that none of the compensation to be provided hereunder will be subject to the additional tax imposed under Section 409A, and any ambiguities or ambiguous terms herein will be interpreted to be so exempt or comply. In no event will the Company or any of its Parents or Subsidiaries have any responsibility, liability, liability or obligation to reimburse, indemnify, or hold harmless an Outside Director (or any other person) for any taxes imposed, or costs that may be imposed on or incurred by an Outside Director (or any other costs incurred, person) as a result of Section 409A. View More
Section 409a. In no event will cash compensation or expense reimbursement payments under this Policy be paid after the later of (a) (i) the 15th day of the 3rd month following the end of the Company's taxable year Fiscal Year in which the compensation is earned or expenses are incurred, as applicable, or (b) (ii) the 15th day of the 3rd month following the end of the calendar year in which the compensation is earned or expenses are incurred, as applicable, in compliance with the "short-term deferral" exceptio...n under Section 409A. 409A of the Internal Revenue Code of 1986, as amended, and the final regulations and guidance thereunder, as may be amended from time to time (together, "Section 409A"). It is the intent of this Policy that this Policy and all payments hereunder be exempt from or otherwise comply with the requirements of Section 409A so that none of the compensation to be provided hereunder will be subject to the additional tax imposed under Section 409A, and any ambiguities or ambiguous terms herein will be interpreted to be so exempt or comply. In no event will the Company or any of its Parents or Subsidiaries have any responsibility, liability, liability or obligation to reimburse, indemnify, or hold harmless an Outside Director (or any other person) for any taxes imposed, or costs that may be imposed on or incurred by an Outside Director (or any other costs incurred, person) as a result of Section 409A. View More