Section 409a Clause Example with 6 Variations from Business Contracts

Section 409a. This Agreement and this Award are intended to satisfy all applicable requirements of Section 409A or an exception thereto and shall be construed accordingly. II-VI may in its sole discretion, and without the Recipient's consent, consent of the Recipient, take any action it deems necessary to comply with the requirements of Section 409A or an exception thereto, including amending the terms of this Award and this Agreement, in any manner it deems necessary to cause this Award and this Agreement to... be excepted from Section 409A (or to comply therewith to the extent that II-VI determines that it is not excepted). Notwithstanding, the Recipient recognizes and acknowledges that Section 409A may affect the timing and recognition of payments due hereunder, and may impose upon the Recipient certain taxes or other charges for which the Recipient is and shall remain solely responsible. Exhibit 10.28 23. Assignment. Except as provided in Section 6, the Recipient's rights and obligations under this Agreement shall not be transferable by the Recipient, by assignment or otherwise, and any purported assignment, transfer or delegation thereof by the Recipient shall be void. II-VI and the Company may assign/delegate all or any portion of this Agreement and its rights hereunder without prior notice to the Recipient and without the Recipient providing any additional consent thereto, whereupon the Recipient shall continue to be bound hereby with respect to such assignee/delegatee. View More

Section 409a. This Agreement and this Award the SARs are intended to satisfy all applicable requirements of be excepted from coverage under Section 409A or an exception thereto and shall be administered, interpreted, and construed accordingly. II-VI may II-VI, in its sole discretion, discretion and without the Recipient's consent, may impose conditions on the timing and effectiveness of any exercise by the Recipient, or take any other action it deems necessary to comply with the requirements of Section 409A o...r an exception thereto, necessary, including amending the terms of this Award and this Agreement, in any manner it deems necessary to cause this Award the SARs and this Agreement to cause the SARs to be excepted from Section 409A (or to comply therewith to the extent that II-VI determines that it is not excepted). Notwithstanding, the Recipient recognizes and acknowledges that Section 409A may affect the timing and recognition of payments due hereunder, and may impose upon the Recipient certain taxes or other charges for which the Recipient is and shall remain solely responsible. View More

Section 409a. This Agreement and this Award are is intended to satisfy all applicable requirements of be excepted from coverage under Section 409A or an exception thereto and shall be interpreted and construed accordingly. II-VI may II-VI, in its sole discretion, discretion and without the Recipient's consent, may take any action it deems necessary to comply with the requirements of Section 409A or an exception thereto, necessary, including amending the terms of this Award and this Agreement, in any manner it... deems necessary to cause this Award and this Agreement to be excepted from Section 409A (or to comply therewith to the extent that II-VI determines that it is not excepted). Notwithstanding, the Recipient recognizes and acknowledges that Section 409A may affect the timing and recognition of payments due hereunder, and may impose upon the Recipient certain taxes or other interest charges for which the Recipient is and shall remain solely responsible. View More

Section 409a. This Agreement and this Award are intended to satisfy all applicable requirements of Section 409A or an exception thereto and shall be construed accordingly. II-VI may in its sole discretion, and without the Recipient's consent, take any action it deems necessary to comply with the requirements of Section 409A or an exception thereto, PSR17 PSA Revenue 081916 including amending the terms of this Award and this Agreement, in any manner it deems necessary to cause this Award and this Agreement to ...be excepted from Section 409A (or to comply therewith to the extent that II-VI determines that it is not excepted). Notwithstanding, the Recipient recognizes and acknowledges that Section 409A may affect the timing and recognition of payments due hereunder, and may impose upon the Recipient certain taxes or other charges for which the Recipient is and shall remain solely responsible. View More

Section 409a. This Agreement and this Award are intended to satisfy all applicable requirements of Section 409A or an exception thereto and shall be construed RSU17 RSU 072016 accordingly. II-VI may in its sole discretion, and without the Recipient's consent, take any action it deems necessary to comply with the requirements of Section 409A or an exception thereto, including amending the terms of this Award and this Agreement, in any manner it deems necessary to cause this Award and this Agreement to be excep...ted from Section 409A (or to comply therewith to the extent that II-VI determines that it is not excepted). Notwithstanding, the Recipient recognizes and acknowledges that Section 409A may affect the timing and recognition of payments due hereunder, and may impose upon the Recipient certain taxes or other charges for which the Recipient is and shall remain solely responsible. View More

Section 409a. This Agreement and this Award are intended to satisfy all applicable requirements of Section 409A or an exception thereto and shall be construed accordingly. II-VI may in its sole discretion, and without the Recipient's consent, take any action it deems necessary to comply with the requirements of Section 409A or an exception thereto, including amending the terms of this Award and this Agreement, in any manner it deems necessary to cause this Award and this Agreement to be excepted from Section ...409A (or to comply therewith to the extent that II-VI determines that it is not excepted). Notwithstanding, the Recipient recognizes and acknowledges that Section 409A may affect the timing and recognition of payments due hereunder, and may impose upon the Recipient certain taxes or other charges for which the Recipient is and shall remain solely responsible. Notwithstanding anything to the contrary in this Agreement, if the Recipient is a Specified Employee, to the extent that the Award constitutes "nonqualified deferred compensation" subject to Section 409A of the Code, any payment due to the Recipient under the Award upon Separation from Service will be delayed in accordance with Section 18 of the Plan. View More