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|I'll Be a Child of the Wind, at Least Until I Get a Retroactive 409A Valuation|
Holland & Hart LLP
July 15, 2021
"[If] options were granted in the period before the valuation was received but after the valuation effective date, and if these options have an exercise price lower than the valuation price, these options will be out of compliance with the Section 409A fair market value on the date of grant requirement.... Using inconsistent valuation methods for different purposes or for grants to different employees could suggest that the method is not a good faith attempt at determining the fair market value."
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