Section 409A

Section 409A. (a) The parties intend for the compensation provided under this Agreement to be exempt from the provisions of Section 409A of the Code (together with the regulations and guidance promulgated thereunder, 'Section 409A') and this Agreement shall be construed consistent with that intent. Notwithstanding the foregoing, in no event shall the Company or any of its Affiliates or successors have any liability to the Executive or to any other person claiming rights under this Agreement relating to the... failure or alleged failure of any payment or benefit under this Agreement to comply with, or be exempt from, Section 409A. (b) If any payment or benefit hereunder constituting 'nonqualified deferred compensation' subject to Section 409A would be subject to subsection (a)(2)(B)(i) of Section 409A (relating to payments made to 'specified employees' of publicly traded companies upon separation from service), any such payment or benefit to which the Executive would otherwise be entitled during the six (6)-month period following the Executive's separation from service shall instead be provided or paid without interest on the first business day following the expiration of such six (6)-month period, or if earlier, the date of the Executive's death. (c) Each payment made under this Agreement shall be treated as a separate payment for purposes of Section 409A. View More

Section 409A. Shall mean section 409A of the Code and the regulations thereunder.

Section 409A. Section 409A of the Code and the regulations and other guidance issued thereunder

Section 409A. Section 409A of the Code and the regulations thereunder

Section 409A. Section 409A of the Code and all regulations and guidance promulgated thereunder as in effect from time to time

Section 409A. Means Section 409A of the Code together with the regulations promulgated thereunder.

Section 409A. Section 409A of the Code, and the final Treasury Regulations issued thereunder.

Section 409A. Section 409A of Internal Revenue Code of 1986, as amended, including any regulatory guidance issued thereunder. 'Termination' means your 'separation from service' (as defined in Section 409A) from the Company as an employee, director, consultant or other service provider.

Section 409A. Section 409A of Internal Revenue Code of 1986, as amended, including any regulatory guidance issued thereunder

Section 409A. Section 409A of the Internal Revenue Code of 1986, as amended ('Code'), and the regulations and rulings thereunder.