Common use of Compliance with Section 409A Clause in Contracts

Compliance with Section 409A. It is intended that any election, payment or benefit which is made or provided pursuant to or in connection with this Award that may result in Section 409A Deferred Compensation shall comply in all respects with the applicable requirements of Section 409A (including applicable regulations or other administrative guidance thereunder, as determined by the Committee in good faith) to avoid the unfavorable tax consequences provided therein for non-compliance. In connection with effecting such compliance with Section 409A, the following shall apply:

Appears in 48 contracts

Sources: Restricted Stock Units Agreement (Palomar Holdings, Inc.), Restricted Stock Units Agreement (Palomar Holdings, Inc.), Performance Stock Units Agreement (Palomar Holdings, Inc.)

Compliance with Section 409A. It is intended that any election, payment or benefit which is made or provided pursuant to or in connection with this Award that may result in Section 409A Deferred Compensation shall comply in all respects with the applicable requirements of Section 409A (including applicable regulations or other administrative guidance thereunder, as determined by the Committee in good faith) to avoid the unfavorable tax consequences provided therein for non-compliancenon‑compliance. In connection with effecting such compliance with Section 409A, the following shall apply:

Appears in 18 contracts

Sources: Restricted Stock Unit Award Agreement (Illinois Tool Works Inc), Performance Units Agreement (Adaptive Biotechnologies Corp), Restricted Stock Units Agreement (NV5 Global, Inc.)

Compliance with Section 409A. It is intended that any election, payment or benefit which is made or provided pursuant to or in connection with this Award that may result in Section 409A Deferred Compensation shall comply in all respects with the applicable requirements of Section 409A (including applicable regulations or other administrative guidance thereunder, as determined by the Committee in good faith) to avoid the unfavorable tax consequences provided therein for non-non compliance. In connection with effecting such compliance with Section 409A, the following shall apply:

Appears in 14 contracts

Sources: Restricted Stock Units Agreement (Lululemon Athletica Inc.), Performance Share Agreement (Lululemon Athletica Inc.), Restricted Stock Units Agreement (Lululemon Athletica Inc.)

Compliance with Section 409A. It is intended that any election, payment or benefit which is made or provided pursuant to or in connection with this Award that may result in Section 409A Deferred Compensation shall comply in all respects with the applicable requirements of Section 409A (including applicable regulations proposed regulations, transition rules or other administrative guidance thereunder, as determined by the Committee Board in good faith) to avoid the unfavorable tax consequences provided therein for non-compliancenon‑compliance. In connection with effecting such compliance with Section 409A, the following shall apply:

Appears in 9 contracts

Sources: Performance Share Agreement (Lululemon Athletica Inc.), Performance Share Agreement (Lululemon Athletica Inc.), Restricted Stock Units Agreement (Lululemon Athletica Inc.)

Compliance with Section 409A. It is intended that any election, payment or benefit which is made or provided pursuant to or in connection with this Award that may result in Section 409A Deferred Compensation shall comply in all respects with the applicable requirements of Section 409A (including applicable regulations or other administrative guidance thereunder, as determined by the Committee in good faith) to avoid the unfavorable tax consequences provided therein for non-compliance. In connection with effecting such compliance with or an exemption from Section 409A, the following shall apply:

Appears in 5 contracts

Sources: Restricted Stock Units Agreement (Qt Imaging Holdings, Inc.), Stock Option Agreement (AEye, Inc.), Restricted Stock Units Agreement (SmartRent, Inc.)

Compliance with Section 409A. It is intended that any election, payment or benefit which is made or provided pursuant to or in connection with this Award that may result in a deferral of compensation as described in Section 409A of the Code (“Section 409A Deferred Compensation Compensation”) shall comply in all respects with the applicable requirements of Section 409A (including applicable regulations or other administrative guidance thereunder, as determined by the Committee in good faith) to avoid the unfavorable tax consequences provided therein for non-compliance. In connection with effecting such compliance with Section 409A, the following shall apply:

Appears in 5 contracts

Sources: Executive Employment Agreement (Jda Software Group Inc), Executive Employment Agreement (Jda Software Group Inc), Executive Employment Agreement (Jda Software Group Inc)

Compliance with Section 409A. It is intended that any election, payment or benefit which is made or provided pursuant to or in connection with this Award that may result in deferred compensation subject to Code Section 409A Deferred Compensation shall comply in all respects with the applicable requirements of Code Section 409A (including applicable regulations or other administrative guidance thereunder, as determined by the Committee Administrator in good faith) to avoid the unfavorable tax consequences provided therein for non-compliance. In connection with effecting such compliance with or an exemption from Code Section 409A, the following shall apply:

Appears in 3 contracts

Sources: Restricted Stock Units Award Agreement (Madison Gas & Electric Co), Restricted Stock Units Award Agreement (Madison Gas & Electric Co), Performance Units Award Agreement (Madison Gas & Electric Co)

Compliance with Section 409A. It is intended that any election, payment or benefit which is made or provided pursuant to or in connection with this Award that may result in Section 409A Deferred Compensation shall comply in all respects with the applicable requirements of Section 409A (including applicable regulations or other administrative guidance thereunder, as determined by the Committee in good faith) to avoid the unfavorable tax consequences provided therein for non-non- compliance. In connection with effecting such compliance with Section 409A, the following shall apply:

Appears in 2 contracts

Sources: Restricted Stock Units Agreement (OppFi Inc.), Restricted Stock Units Agreement (OppFi Inc.)

Compliance with Section 409A. It is intended that any election, payment or benefit which is made or provided pursuant to or in connection with this Award that may result in nonqualified deferred compensation within the meaning of Section 409A Deferred Compensation shall comply in all respects with the applicable requirements of Section 409A (including applicable regulations or other administrative guidance thereunder, as determined by the Committee Board in good faith) to avoid the unfavorable tax consequences provided therein for non-compliancecompliance and the Award shall be so construed. In connection with effecting such compliance with Section 409A, the following shall apply:

Appears in 2 contracts

Sources: Securities Purchase Agreement (AEye, Inc.), Restricted Stock Units Agreement (Lovesac Co)

Compliance with Section 409A. 12.1 It is intended that any election, payment or benefit which is made or provided pursuant to or in connection with this an Award that may result in nonqualified deferred compensation within the meaning of Section 409A Deferred Compensation shall comply in all respects with the applicable requirements of Section 409A (including applicable regulations or other administrative guidance thereunder, as determined by the Committee Board in good faith) to avoid the unfavorable tax consequences provided therein for non-compliancecompliance and the Award shall be so construed. In connection with effecting such compliance with Section 409A, the following shall apply:

Appears in 2 contracts

Sources: Universal Award Agreement, Award Agreement

Compliance with Section 409A. It To the extent applicable, it is intended that any election, payment or benefit which is made or provided pursuant to or in connection with this Award that may result in Section 409A Deferred Compensation shall comply in all respects with the applicable requirements of Section 409A (including applicable regulations or other administrative guidance thereunder, as determined by the Committee in good faith) to avoid the unfavorable tax consequences provided therein for non-compliance. In connection with effecting such compliance with Section 409A, the following shall apply, to the extent applicable:

Appears in 2 contracts

Sources: Restricted Stock Units Agreement (MAGNACHIP SEMICONDUCTOR Corp), Restricted Stock Units Agreement (MAGNACHIP SEMICONDUCTOR Corp)

Compliance with Section 409A. It is intended that any election, payment or benefit which is made or provided pursuant to or in connection with this Award that may result in Section 409A Deferred Compensation shall comply in all respects with the applicable requirements of Section 409A (including applicable regulations or other administrative guidance thereunder, as determined by the Committee Board in good faith) to avoid the unfavorable tax consequences provided therein for non-compliancecompliance and the Award shall be so construed. In connection with effecting such compliance with Section 409A, the following shall apply:

Appears in 2 contracts

Sources: Deferred Units Agreement (Wayfair Inc.), Deferred Units Agreement (Wayfair LLC)

Compliance with Section 409A. It is intended that any election, payment or benefit which is made or provided pursuant to or in connection with this Award that may result in deferred compensation subject to Section 409A Deferred Compensation of the Code shall comply in all respects with the applicable requirements of Section 409A (including applicable regulations or other administrative guidance thereunder, as determined by the Committee in good faith) to avoid the unfavorable tax consequences provided therein for non-compliancenon‑compliance. In connection with effecting such compliance with Section 409A, the following shall apply:

Appears in 1 contract

Sources: Restricted Stock Units Agreement (Everi Holdings Inc.)

Compliance with Section 409A. It is intended that any election, payment or benefit which is made or provided pursuant to or in connection with this Award that may result in Section 409A Deferred Compensation shall comply in all respects with the applicable requirements of Section 409A (including applicable regulations or other administrative guidance thereunder, as determined by the Committee in good faith) to avoid the unfavorable tax consequences provided therein for non-compliancenon‑compliance. In connection with effecting such compliance with or an exemption from Section 409A, the following shall apply:

Appears in 1 contract

Sources: Restricted Stock Units Agreement (UpHealth, Inc.)

Compliance with Section 409A. It is intended that any election, payment or benefit which is made or provided pursuant to or in connection with this Award that may result in Section 409A Deferred Compensation shall be exempt from or comply in all respects with the applicable requirements of Section 409A (including applicable regulations or other administrative guidance thereunder, as determined by the Committee in good faith) to avoid the unfavorable tax consequences provided therein for non-compliancenon‑compliance. In connection with effecting such compliance with Section 409A, the following shall apply:

Appears in 1 contract

Sources: Performance Share Unit Award Agreement (Illinois Tool Works Inc)

Compliance with Section 409A. It is intended that any election, payment or benefit which is made or provided pursuant to or in connection with this Award that may result in Section 409A Deferred Compensation shall comply in all respects with the applicable requirements of Section 409A (including applicable regulations or other administrative guidance thereunder, as determined by the Committee in good faith) to avoid the unfavorable tax consequences provided therein for non-compliancenoncompliance. In connection with effecting such compliance with Section 409A, the following shall apply:

Appears in 1 contract

Sources: Restricted Stock Units Agreement (Lululemon Athletica Inc.)

Compliance with Section 409A. It is intended that any election, payment or benefit which that is made or provided pursuant to or in connection with this Award that may result in nonqualified deferred compensation within the meaning of Section 409A Deferred Compensation shall comply in all respects with the applicable requirements of Section 409A (including applicable regulations or other administrative guidance thereunder, as determined by the Committee Board in good faith) to avoid the unfavorable tax consequences provided therein for non-compliancecompliance and the Award shall be so construed. In connection with effecting such compliance with Section 409A, the following shall apply:: 9.1

Appears in 1 contract

Sources: Cash Based Award Agreement (Lovesac Co)