Deferred Stock. Notwithstanding the forgoing provisions of this Section 4.2, in the case of Deferred Stock and any other Award that constitutes deferred compensation within the meaning of Code Section 409A, no payment or settlement of such Award shall be made pursuant to Section 4.2(b) or (c) hereof, unless the Corporate Transaction or the dissolution or liquidation of the Company, as applicable, constitutes a change in ownership or effective control of the Company or a change in ownership of a substantial portion of the assets of the Company as described in Treasury Regulation Section 1.409A- 3(i)(5).
Appears in 2 contracts
Sources: 2017 Equity Incentive Plan (RetinalGenix Technologies Inc.), 2017 Equity Incentive Plan (RetinalGenix Technologies Inc.)