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It is the intent that this Plan be exempt from, or comply with, the requirements of Code Section 409A so that none of the payments to be provided hereunder will be subject to the additional tax imposed under Code Section 409A, and any ambiguities herein will be interpreted to be so exempt or so comply. Each payment under this Plan is intended to constitute a separate payment for purposes of Treasury Regulation Section 1.409A-2(b)(2).

It is the intent that this Plan be exempt from, or comply with, the requirements of Code Section 409A so that none of the payments to be provided hereunder will be subject to the additional tax imposed under Code Section 409A, and any ambiguities herein will be interpreted to be so exempt or so comply. Each payment under this Plan is intended to constitute a separate payment for purposes of Treasury Regulation Section 1.409A-2(b)(2).

It is intended that # each installment of the intent thatpayments provided under this Plan is a separate “payment” for purposes of Section 409A of the Code and the Treasury Regulations thereunder (“[Section 409A]”), and # all payments will be exempt from or comply with Section 409A. To the extent that any payment to be made under this Plan is subject to 409A and any provision of this Plan is ambiguous as to its compliance with Section 409A, the provision shall be read in such a manner so that all payments hereunder comply with Section 409A. Although the Company intends to administer the Plan so that payments will be exempt from, or will comply with, the requirements of Code Section 409A so that none of the payments to be provided hereunder will be subject toCode, the additional tax imposed under Code Section 409A, andCompany does not warrant that any ambiguities herein will be interpreted to be so exempt or so comply. Each payment under thisthe Plan is intended to constitute a separate paymentwill qualify for purposesfavorable tax treatment under Section 409A or any other provision of Treasury Regulation Section 1.409A-2(b)(2).federal, state, local or foreign law.

ItCode Section 409A This Plan is the intent that this Plan be exempt from, or comply with,intended to meet the requirements of Code Section 409A so that none of the Code and may be administered in a manner that is intended to meet those requirements and will be construed and interpreted in accordance with such intent All payments are subject to Section 409A of the Code and will be provided hereunderpaid in a manner that will meet the requirements of Section 409A of the Code, including Treasury Regulations or other guidance issued, such that the payment will not be subject to the additionalexcise tax imposedapplicable under Section 409A of the Code Any provision of this Plan that would cause the payment to fail to satisfy Section 409A, and any ambiguities herein409A of the Code will be interpretedamended (in a manner that as closely as practicable achieves the original intent of this Plan) to comply with Section 409A of the Code on a timely basis, which may be so exempt or so comply. Each paymentmade on a retroactive basis, in accordance with regulations and other guidance issued under this Plan is intended to constitute a separate payment for purposesSection 409A of Treasury Regulation Section 1.409A-2(b)(2).the Code

[Section 409A] Compliance. It is intended that all of the intent that thispayments and benefits made or provided under the Plan are intended to comply with or be exempt from, or comply with,from the requirements of Code Section 409A and regulations thereunder, in either case so that none of the payments to be provided hereunder will be subject to the additional tax imposed under Code Section 409A, and the Plan shall at all times be interpreted consistently with such intent. If any ambiguities hereinprovision of this Plan would otherwise conflict with or frustrate this intent, such provision will be interpreted and deemed amended so as to be so exemptavoid the conflict. The Administrator reserves the right to take any action it deems appropriate or so comply. Each payment under this Plan is intendednecessary to constitute a separate payment for purposescomply with the requirements of Treasury RegulationCode Section 1.409A-2(b)(2).409A.

It is the intent thatApplication of [Section 409A]. The provisions of this Plan are intended to be exempt from, or comply with,from the requirements of Code Section 409A of the Code so that none of the payments to be provided hereunderunder this Plan will be subject to the additional tax imposed under Code Section 409A,409A of the Code, and any ambiguities herein will be interpreted to be so exempt or so comply. Each payment under this Plan is intended to constitute a separate paymentexempt. In no event will the Administrator reimburse Participants for purposesany taxes that may be imposed as result of Treasury Regulation Section 1.409A-2(b)(2).409A of the Code.

It isSection 409A of the intent thatCode. Payments under this Plan are intended to be exempt from, or comply with, the requirements of Codefrom Section 409A so that none of the payments to be provided hereunder will be subjectCode, as amended, and the regulations and guidance promulgated thereunder (collectively “[Section 409A]”) and, accordingly, to the additional tax imposed under Code Section 409A, and any ambiguities herein willmaximum extent permitted, this Plan shall be interpreted to be so exempt from [Section 409A]. Notwithstanding the foregoing, the Company makes no representation with respect to compliance with Section 409A and shall not be liable to any Participant for any taxes or so comply. Each paymentpenalties under this Plan is intended to constitute a separate payment for purposes of Treasury Regulation Section 1.409A-2(b)(2).409A.

It is the intent that this Plan be exempt from, or comply with, the requirements of Code [Section 409A so that none of the payments to be provided hereunder will be subject to the additional tax imposed under Code Section 409A, and any ambiguities herein will be interpreted to be so exempt or so comply. Each payment under this409A]. The Plan is intended to constituteprovide compensation that is exempt from or that complies with Code Section 409A and Treasury Regulations thereunder (“[Section 409A]”), and the Plan’s terms and the terms of any Award Agreement, including any definition in the Plan or any Award Agreement, shall be administered and construed in a manner that is compliant with or exempt from the application of [Section 409A], as appropriate. For purposes of [Section 409A], each payment under the Plan shall be deemed to be a separate payment for purposes of Treasury Regulation Section 1.409A-2(b)(2).payment.

It isCode Section 409A. The Company intends that the intent that this Plan be exempt from, or comply with,Plan, any agreement with the Officer implementing the terms of the Plan, and the benefits provided under the Plan, qualify for certain exceptions from the requirements of Code Section 409A so that noneand, to the extent any provisions of the payments to be provided hereunder will be subject toPlan and the additional tax imposed underbenefits thereunder do not qualify for an exception from the requirements of Code Section 409A, the Company intends that such provisions will be applied in a manner consistent with such requirements. The Plan and any ambiguities hereinagreement implementing the terms of the Plan will be interpreted to be so exempt or so comply. Each paymentconstrued and administered consistent with such intentions. For purposes of Code Section 409A, each Payment and benefit payable under thisthe Plan is intended to constitute a separate payment for purposes of Treasury Regulation Section 1.409A-2(b)(2).payment.

ItThe intent of the parties is that payments and benefits under the intent that this Plan comply with or be exempt from, or comply with,from Section 409A of the Code and the regulations and guidance promulgated thereunder (collectively “Code Section 409A”) and the Company shall have complete discretion to interpret and construe the Plan and any associated documents in any manner that establishes an exemption from (or compliance with) the requirements of Code Section 409A so that none409A. If for any reason, such as imprecision in drafting any provision, the Plan does not accurately reflect its intended establishment of the payments to be provided hereunder will be subject to the additional tax imposed underan exemption from (or compliance with) Code Section 409A, as demonstrated by consistent interpretations or other evidence of intent, such provision shall be considered ambiguous as to its exemption from (or compliance with) Code Section 409A and any ambiguities herein willshall be interpreted to be so exempt or so comply. Each payment under this Plan is intended to constituteby the Company in a separate payment for purposesmanner consistent with such intent, as determined in the discretion of Treasury Regulation Section 1.409A-2(b)(2).the Company.

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