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. Notwithstanding any of the provisions of this Agreement, it is intended that this Agreement be exempt from Section 409A of the Code. Notwithstanding the preceding, neither the Company nor any Affiliate shall be liable to the Participant or any other person if the Internal Revenue Service or any court or other authority have any jurisdiction over such matter determines for any reason that this Agreement is subject to taxes, penalties or interest as a result of failing to be exempt from, or comply... with, Section 409A of the Code. View More
Found in INTREXON CORP contract

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

Section 409a. Notwithstanding any of the provisions of this Agreement, it is intended that the PSUs granted pursuant to this Agreement be exempt from Section 409A of the Code as short-term deferrals, pursuant to Treasury regulation §1.409A-1(b)(4), or otherwise comply with Section 409A of the Code. Notwithstanding the preceding, neither the Company nor any Affiliate shall be liable to the Participant or any other person if the Internal Revenue Service or any court or other authority have any jurisdiction over... such matter determines for any reason that this Agreement is the PSUs are subject to taxes, penalties or interest as a result of failing to be exempt from, or comply with, Section 409A of the Code. For the avoidance of doubt, the provisions of this Agreement shall be construed and interpreted consistent with Article XXII of the Plan, as if granted thereunder. View More
Found in MiMedx Group, Inc. contract
Section 409a. Notwithstanding any of the provisions of this Agreement, it is intended that the RSUs granted pursuant to this Agreement be exempt from Section 409A of the Code as short-term deferrals, pursuant to Treasury regulation §1.409A-1(b)(4), or otherwise comply with Section 409A of the Code. Notwithstanding the preceding, neither the Company nor any Affiliate shall be liable to the Participant or any other person if the Internal Revenue Service or any court or other authority have any jurisdiction over... such matter determines for any reason that this Agreement is the RSUs are subject to taxes, penalties or interest as a result of failing to be exempt from, or comply with, Section 409A of the Code. For the avoidance of doubt, the provisions of this Agreement shall be construed and interpreted consistent with Article XXII of the Plan. View More
Found in MiMedx Group, Inc. contract
Section 409a. Notwithstanding any of the provisions of this Agreement, it is intended that this Agreement the Option be exempt from Code Section 409A of the Code. 409A. Notwithstanding the preceding, neither the Company nor any Affiliate shall be liable to the Participant or any other person if the Internal Revenue Service or any court or other authority have any jurisdiction over such matter determines for any reason that this Agreement the Option is subject to taxes, penalties or interest as a result of fai...ling to be exempt from, or comply with, Code Section 409A of the Code. 409A. View More
Found in Ohr Pharmaceutical Inc contract
Section 409a. Notwithstanding any of the provisions of this Agreement, it is intended that this Agreement the Option be exempt from Section 409A of the Code. Notwithstanding the preceding, neither the Company nor any Affiliate shall be liable to the Participant or any other person if the Internal Revenue Service or any court or other authority have any jurisdiction over such matter determines for any reason that this Agreement the Option is subject to taxes, penalties or interest as a result of failing to be ...exempt from, or comply with, Section 409A of the Code. View More
Found in 7 Contracts from 4 Companies
Section 409a. Notwithstanding any of the provisions of this Agreement, it is intended that this Agreement the Shares be exempt from Section 409A of the Code. Notwithstanding the preceding, neither the Company nor any Affiliate shall be liable to the Participant or any other person if the Internal Revenue Service or any court or other authority have any jurisdiction over such matter determines for any reason that this Agreement is the Shares are subject to taxes, penalties or interest as a result of failing to... be exempt from, or comply with, Section 409A of the Code. View More
Found in MiMedx Group, Inc. contract