definiens: ( as defined in CodeSection 409A(d)(1 ) ) has been operated since January 1, 2005 in compliance ( taking into account any period for which theapplicable standard was compliance ) with Code Section 409A and IRS Notice 2005 - 1 and has been indocumentary compliance since January 1, 2009, no event has occurred that would be treated by Code Section 409A(b ) as atransfer of property for purposes of Code Section 83, and no stock option or equity unit option granted under any CompanyEmployee Plan had an exercise price that was or may have been less than the fair market value of the underlying stock orequity units ( as the case may be ) as of the date such option was granted, or has any feature for the deferral of compensationother than the deferral of recognition of income until the later of exercise or disposition of such option