Section 409a Clause Example with 4 Variations from Business Contracts

Section 409a. The Plan is intended to comply with Section 409A of the Code to the extent subject thereto, and, accordingly, to the maximum extent permitted, the Plan shall be interpreted and administered to be in compliance therewith. Any payments that are due within the short-term deferral period as defined in Section 409A of the Code shall not be treated as deferred compensation unless applicable laws require otherwise. Notwithstanding anything to the contrary in the Plan, to any payment(s) of "nonqualified... deferred compensation" (within the extent meaning of Section 409A of the Code) that are otherwise required to avoid adverse tax consequences be made under the Plan to a "specified employee" (as defined under Section 409A of the Code, amounts Code) as a result of such employee's separation from service (other than a payment that would otherwise is not subject to Section 409A of the Code) shall be payable and benefits that would otherwise be provided pursuant to the Plan during the six-month period immediately following the 24 Participant's termination of Continuous Service shall instead be paid on delayed until the first payroll date after the six-month anniversary of the Participant's separation from service (or the Participant's death, if earlier). Notwithstanding the foregoing, neither the Company nor the Committee shall have any obligation to take any action to prevent the assessment of any tax or penalty under Section 409A of the Code and neither the Company nor the Committee will have any liability to any Participant or otherwise for such tax or penalty. 25 EX-10.8 6 d593877dex108.htm 9 d786133dex108.htm EX-10.8 EX-10.8 Exhibit 10.8 SUNEDISON SEMICONDUCTOR LIMITED TERRAFORM GLOBAL, INC. 2014 LONG-TERM INCENTIVE PLAN 1. Establishment and Purpose. TerraForm Global, Inc. (f/k/a SunEdison Semiconductor Limited Emerging Markets Yield, Inc.) hereby establishes, effective May 19, September 28, 2014, an incentive compensation plan known as the "SunEdison Semiconductor Limited "TerraForm Global, Inc. 2014 Long-Term Incentive Plan." The purposes of the Plan are to (a) enable the Company and its Affiliates to attract and retain individuals who will contribute to the Company's long range success; (b) motivate key personnel to produce a superior return to the shareholders of the Company and its Affiliates by offering such individuals an opportunity to realize stock appreciation, by facilitating stock ownership, and by rewarding them for achieving a high level of corporate performance; and (c) promote the success of the Company's business. View More

Section 409a. The Plan is intended to comply with Section 409A of the Code to the extent subject thereto, and, accordingly, to the maximum extent permitted, the Plan shall be interpreted and administered to be in compliance therewith. Any payments that are due within the short-term deferral period as defined in Section 409A of the Code shall not be treated as deferred compensation unless applicable laws require otherwise. Notwithstanding anything to the contrary in the Plan, to the extent required to avoid ad...verse tax consequences under Section 409A of the Code, amounts that would otherwise be payable and benefits that would otherwise be provided pursuant to the Plan during the six-month period immediately following the 24 Participant's termination of Continuous Service Termination shall instead be paid on the first payroll date after the six-month anniversary of the Participant's separation from service (or the Participant's death, if earlier). Notwithstanding the foregoing, neither the Company nor the Committee shall have any obligation to take any action to prevent the assessment of any tax or penalty under Section 409A of the Code and neither the Company nor the Committee will have any liability to any Participant or otherwise for such tax or penalty. 25 EX-10.8 22 EX-10.10 6 d593877dex108.htm EX-10.8 EX-10.8 d741130dex1010.htm EX-10.10 EX-10.10 Exhibit 10.8 10.10 SUNEDISON SEMICONDUCTOR LIMITED YIELDCO, INC. 2014 SECOND AMENDED AND RESTATED LONG-TERM INCENTIVE PLAN 1. Establishment and Purpose. Effective April 11, 2014, SunEdison Semiconductor Limited Yieldco, Inc. hereby establishes, effective May 19, 2014, an amends and restates the incentive compensation plan known as the "SunEdison Semiconductor Limited Yieldco, Inc. 2014 Second Amended and Restated Long-Term Incentive Plan." The purposes of the Plan are to (a) enable the Company and its Affiliates to attract and retain individuals who will contribute to the Company's long range success; (b) motivate key personnel to produce a superior return to the shareholders of the Company and its Affiliates by offering such individuals an opportunity to realize stock appreciation, by facilitating stock ownership, and by rewarding them for achieving a high level of corporate performance; and (c) promote the success of the Company's business. View More

Section 409a. The Plan is intended to comply with Section 409A of the Code to the extent subject thereto, and, accordingly, to the maximum extent permitted, the Plan shall be interpreted and administered to be in compliance therewith. Any payments that are due within the short-term deferral period as defined in Section 409A of the Code shall not be treated as deferred compensation unless applicable laws require otherwise. Notwithstanding anything to the contrary in the Plan, to the extent required to avoid ad...verse tax consequences under Section 409A of the Code, amounts that would otherwise be payable and benefits that would otherwise be provided pursuant to the Plan during the six-month period immediately following the 24 Participant's termination of Continuous Service service shall instead be paid on the first payroll date after the six-month anniversary of the Participant's separation from service (or the Participant's death, if earlier). Notwithstanding the foregoing, neither the Company nor the Committee shall have any obligation to take any action to prevent the assessment of any tax or penalty under Section 409A of the Code and neither the Company nor the Committee will have any liability to any Participant or otherwise for such tax or penalty. 25 EX-10.8 6 d593877dex108.htm EX-10.8 EX-10.8 22 EX-10.2 3 d718829dex102.htm EX-10.2 EX-10.2 Exhibit 10.8 SUNEDISON SEMICONDUCTOR LIMITED 10.2 ENDOSTIM, INC. 2014 LONG-TERM STOCK INCENTIVE PLAN 1. Establishment and Purpose. SunEdison Semiconductor Limited hereby establishes, effective May 19, 2014, This Plan is intended to secure for the Company and its stockholders the benefits of the incentive inherent in common stock ownership by the employees and directors of, and consultants to, the Company or an incentive compensation plan known as Affiliate who are largely responsible for the "SunEdison Semiconductor Limited 2014 Long-Term Incentive Plan." future growth and financial success of the Company. The purposes of the Plan are to (a) enable the Company and its Affiliates to attract and retain individuals who will contribute to the Company's long range success; (b) motivate key personnel to produce a superior return to the shareholders of the Company and its Affiliates by offering such individuals an opportunity to realize stock appreciation, by facilitating stock ownership, and by rewarding them for achieving a high level of corporate performance; and (c) promote the success of the Company's business. View More

Section 409a. The Plan is intended to comply with Section 409A of the Code to the extent subject thereto, and, accordingly, to the maximum extent permitted, the Plan shall be interpreted and administered to be in compliance therewith. Any payments that are due within the short-term deferral period as defined in Section 409A of the Code shall not be treated as deferred compensation unless applicable laws require otherwise. Notwithstanding anything to the contrary in the Plan, to the extent required to avoid ad...verse tax consequences under Section 409A of the Code, amounts that would otherwise be payable and benefits that would otherwise be provided pursuant to the Plan during the six-month period immediately following the 24 Participant's termination of Continuous Service shall instead be paid on the first payroll date after the six-month anniversary of the Participant's separation from service (or the Participant's death, if earlier). Notwithstanding the foregoing, neither the Company nor the Committee shall have any obligation to take any action to prevent the assessment of any tax or penalty under Section 409A of the Code and neither the Company nor the Committee will have any liability to any Participant or otherwise for such tax or penalty. 25 EX-10.8 6 d593877dex108.htm EX-10.8 EX-10.8 EX-10.18 5 d833139dex1018.htm EX-10.18 EX-10.18 Exhibit 10.8 10.18 SUNEDISON SEMICONDUCTOR LIMITED 2014 LONG-TERM INCENTIVE PLAN 1. Establishment and Purpose. SunEdison Semiconductor Limited hereby establishes, effective May 19, 2014, an incentive compensation plan known as the "SunEdison Semiconductor Limited 2014 Long-Term Incentive Plan." The purposes of the Plan are to (a) enable the Company and its Affiliates to attract and retain individuals who will contribute to the Company's long range success; (b) motivate key personnel to produce a superior return to the shareholders of the Company and its Affiliates by offering such individuals an opportunity to realize stock appreciation, by facilitating stock ownership, and by rewarding them for achieving a high level of corporate performance; and (c) promote the success of the Company's business. View More