Exemption from Section 409A Clause Samples

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Exemption from Section 409A. The Agreement and transactions under this Agreement are intended to be structured in accordance with applicable laws, rules and regulations including, but not limited to, the short-term deferral exemption under Section 409A of the Internal Revenue Code and any applicable regulations thereunder.
Exemption from Section 409A. All payments hereunder are intended to be exempt from Section 409A of the Code pursuant to the “short-term deferral rule” under Treasury Regulation 1.409A-1(b)(4).
Exemption from Section 409A. This SAR is intended to be an exempt stock appreciation right within the meaning of Section 409A of the Code and shall be construed and interpreted in accordance with such exemption provisions. Any provisions of this SAR which are inconsistent with Section 409A or any existing or forthcoming Internal Revenue Service guidance related thereto shall be void and without effect. Notwithstanding the preceding, the Company shall not be liable to the Participant or any other person if the Internal Revenue Service or any court or other authority having jurisdiction over such matter determines for any reason that the SAR is subject to taxes, penalties or interest as a result of failing to comply with Section 409A of the Code.
Exemption from Section 409A. The intent of the Payments described above is to provide for separation pay that is exempt from Section 409A of the Internal Revenue Code of 1986, as amended pursuant to the separation pay exemption set forth in Treasury Regulation Section 1.409A-1(b)(9), and shall be interpreted consistent with the requirements of those regulations. That means that, among other things, all severance pay shall be paid in full no later than the end of the second calendar year following the calendar year in which the separation from service occurs, and the total amount of taxable severance pay shall not exceed the lesser of two times your base rate of pay or two times the dollar limit set forth in Code Section 401(a)(17).
Exemption from Section 409A. It is intended that the Restricted Stock shall be exempt from Section 409A of the Code pursuant to Treas. Reg. Sect. 1.409A-1(b)(6) and shall be interpreted consistent with this intention.
Exemption from Section 409A. The Executive and the Company agree that the termination benefits described in this Section 3.4 are intended to be exempt from Section 409A of the Internal Revenue Code (“Section 409A”) pursuant to Treasury Regulation Section 1.409A-1(b)(10) as certain indemnification and liability insurance plans.
Exemption from Section 409A. It is intended that this Agreement be exempt from Section 409A of the Internal Revenue Code of 1986, as amended, pursuant to the short-term deferral exception thereunder. However, if it is determined that this Agreement is subject to Section 409A of the Code, then it is intended that it comply in all respects with Section 409A of the Code, and this Agreement shall be interpreted and administered in such manner as to comply with such provisions and may be amended, retroactively if necessary, to conform to the requirements of Section 409A of the Code.
Exemption from Section 409A. It is the intent of the parties that this Agreement and all Shares issued under it shall be exempt from the requirements of Section 409A and the regulations promulgated thereunder. This Agreement shall be interpreted, operated and administered in a manner consistent with this intention.
Exemption from Section 409A. This Award is intended to be a short-term deferral exempt from Section 409A of the Code and shall be interpreted consistent with this intention.
Exemption from Section 409A. It is intended that the Payments provided for in this Agreement comply with, or are exempt from, Section 409A of the Internal Revenue Code of 1986, as amended, pursuant to the separation pay exemption set forth in Treasury Regulation Section 1.409A-1(b)(9), and shall be interpreted consistent with the requirements of those regulations. That means that, among other things, all severance pay shall be paid in full no later than the end of the second calendar year following the calendar year in which the separation from service occurs, and the total amount of taxable severance pay shall not exceed the lesser of two times your base rate of pay or two times the dollar limit set forth in Code Section 401(a)(17).