Common use of Additional Payments by the Company Clause in Contracts

Additional Payments by the Company. (a) Anything in this Agreement to the contrary notwithstanding, in the event it shall be determined that any payment or distribution by the Company to or for the benefit of the Executive, whether paid or payable or distributed or distributable pursuant to the terms of this Agreement or otherwise (a "Payment"), would be subject to the excise tax imposed by Section 4999 of the Internal Revenue Code of 1986, as amended (the "Code") or any interest or penalties with respect to such excise tax (such excise tax, together with any such interest and penalties being hereinafter collectively referred to as the "Excise Tax"), then the Executive shall be entitled to receive an additional payment (a "Gross-Up Payment") in an amount such that after payment by the Executive of all taxes (including any interest or penalties imposed with respect to such taxes), including any Excise Tax, imposed upon the Gross-Up Payment, the Executive retains an amount of the Gross-Up Payment equal to the Excise Tax imposed upon the Payments.

Additional Payments by the Company. (a) Anything in this Agreement to the contrary notwithstanding, in the event it shall be determined that any payment or distribution by the Company to or for the benefit of the Executive, whether paid or payable or distributed or distributable pursuant to the terms of this Agreement or otherwise (a "“Payment"”), would be subject to the excise tax imposed by Section 4999 of the Internal Revenue Code of 1986, as amended (the "“Code"”) or any interest or penalties with respect to such excise tax (such excise tax, together with any such interest and penalties being hereinafter collectively referred to as the "“Excise Tax"”), then the Executive shall be entitled to receive an additional payment (a "“Gross-Up Payment"”) in an amount such that after payment by the Executive of all taxes (including any interest or penalties imposed with respect to such taxes), including any Excise Tax, imposed upon the Gross-Up Payment, the Executive retains an amount of the Gross-Up Payment equal to the Excise Tax imposed upon the Payments.

Additional Payments by the Company. (aA) Anything to the contrary in this Agreement to the contrary notwithstanding, in the event it shall be determined that if any payment or distribution by the Company to or for the benefit of the Executive, Executive (whether paid or payable or distributed or distributable pursuant to the terms of this Agreement or otherwise otherwise, and determined without regard to any additional payments required under this Section 4(i) (a "Payment"), would be subject to the excise tax imposed by Section 4999 of the Internal Revenue Code of 1986, as amended (the "Code") ), or any interest or penalties are incurred by the Executive with respect to such excise tax (such excise tax, together with any such interest and penalties being penalties, are hereinafter collectively referred to as the "Excise Tax"), then the Executive shall be entitled to receive an additional payment (a "Gross-Up Payment") in an amount such that that, after payment by the Executive of all taxes (including any interest or penalties imposed with respect to such taxes), including including, without limitation, any income taxes (and any interest or penalties imposed with respect thereto) and Excise Tax, Tax imposed upon the Gross-Up Payment, the Executive retains an amount of the Gross-Up Payment equal to the Excise Tax imposed upon the Payments.

Additional Payments by the Company. (a) Anything in this Agreement to the contrary notwithstanding, in the event it shall be determined that A. If any payment or distribution by the Company to or for the benefit of the Executive, whether paid or payable or distributed or distributable Executive would receive pursuant to the terms of this Agreement Section 7(c)(i) or otherwise (a collectively, the "Payment"), ) would be subject to (x) constitute a "parachute payment" within the excise tax imposed by meaning of Section 4999 280G of the Internal Revenue Code of 1986, as amended (the "Code"), and (y) be subject to the excise tax imposed by Section 4999 of the Code or any interest or penalties payable with respect to such excise tax (such excise tax, together with any such interest and penalties being penalties, are hereinafter collectively referred to as the "Excise Tax"), then the Executive shall be entitled to receive from the Company an additional payment (a the "Gross-Up Payment," and any iterative payments pursuant to this paragraph also shall be "Gross-Up Payments") in an amount such that after shall fund the payment by the Executive of any Excise Tax on the Payment, as well as all income and employment taxes (including on the Gross-Up Payment, any Excise Tax imposed on the Gross-Up Payment and any interest or penalties imposed with respect to such taxes), including any Excise Tax, income and employment taxes imposed upon on the Gross-Up Payment, the Executive retains an amount of the Gross-Up Payment equal to the Excise Tax imposed upon the Payments.

Additional Payments by the Company. (a) Anything to the contrary in this Agreement to the contrary notwithstanding, in the event it shall be determined that if any payment or distribution by the Company to or for the benefit of the Executive, Executive (whether paid or payable or distributed or distributable pursuant to the terms of this Agreement or otherwise otherwise, and determined without regard to any additional payments required under this Section 6) (a "Payment"), ) would be subject to the excise tax imposed by Section 4999 of the Internal Revenue Code of 1986, as amended (the "Code") ), or any interest or penalties are incurred by the Executive with respect to such excise tax (such excise tax, together with any such interest and penalties being penalties, are hereinafter collectively referred to as the "Excise Tax"), then the Executive shall be entitled to receive an additional payment (a "Gross-Up Payment") in an amount such that after payment by the Executive of all taxes (including any interest or penalties imposed with respect to such taxes), including including, without limitation, any income taxes (and any interest or penalties imposed with respect thereto) and Excise Tax, Tax imposed upon the Gross-Up Payment, the Executive retains an amount of the Gross-Up Payment equal to the Excise Tax imposed upon the Payments.

Additional Payments by the Company. (aA) Anything in this Agreement to the contrary notwithstanding, in the event it shall be determined that If any payment or distribution by the Company to or for the benefit of the Executive, whether paid or payable or distributed or distributable Executive would receive pursuant to the terms of this Agreement Section 7(c)(i) or otherwise (collectively, the “Payment”) would (x) constitute a "Payment"“parachute payment” within the meaning of Section 280G of the Internal Revenue Code of 1986, as amended (the “Code”), would and (y) be subject to the excise tax imposed by Section 4999 of the Internal Revenue Code of 1986, as amended (the "Code") or any interest or penalties payable with respect to such excise tax (such excise tax, together with any such interest and penalties being penalties, are hereinafter collectively referred to as the "“Excise Tax"”), then the Executive shall will be entitled to receive from the Company an additional payment (a "the “Gross-Up Payment",” and any iterative payments pursuant to this paragraph also will be “Gross-Up Payments”) in an amount such that after will fund the payment by the Executive of any Excise Tax on the Payment, as well as all income and employment taxes (including on the Gross-Up Payment, any Excise Tax imposed on the Gross-Up Payment and any interest or penalties imposed with respect to such taxes), including any Excise Tax, income and employment taxes imposed upon on the Gross-Up Payment, the Executive retains an amount of the Gross-Up Payment equal to the Excise Tax imposed upon the Payments.