Common use of Applicable Rates Clause in Contracts

Applicable Rates. For purposes of determining the amount of the Gross Up Payment, Executive will be deemed to pay federal income taxes at the highest marginal rate of federal income taxation in the calendar year in which the Gross Up Payment is to be made and state and local income taxes at the highest marginal rates of taxation in the state and locality of Executive's residence on the date of Executive's Termination, net of the maximum reduction in federal income taxes that could be obtained from deduction of such state and local taxes.

Appears in 23 contracts

Samples: Executive Employment Agreement (Wyndham International Inc), Executive Employment Agreement (Wyndham International Inc), Executive Employment Agreement (Patriot American Hospitality Operating Co\de)

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Applicable Rates. For purposes of determining the amount of the Gross Up PaymentPayments, Executive will be deemed to pay federal income taxes at the highest marginal rate of federal income taxation in the calendar year in which the Gross Up Payment is Payments are to be made and state and local income taxes at the highest marginal rates of taxation in the state and locality of Executive's primary residence on for the date of Executive's Terminationcalendar year in which the Gross Up Payments are to be made, net of the maximum reduction in federal income taxes that could be obtained from deduction of such state and local taxes.

Appears in 7 contracts

Samples: Executive Employment Agreement (Wyndham International Inc), Executive Employment Agreement (Wyndham International Inc), Employment Agreement (Wyndham International Inc)

Applicable Rates. For purposes of determining the amount of the Gross Up Payment, Executive will be deemed to pay federal income taxes at the highest marginal rate of federal income taxation in the calendar year in which the Gross Up Payment is to be made and state and local income taxes at the highest marginal rates of taxation in the state and locality of Executive's ’s primary residence on for the date of Executive's Terminationcalendar year in which the Gross Up Payment is to be made, net of the maximum reduction in federal income taxes that could be obtained from deduction of such state and local taxes.

Appears in 5 contracts

Samples: Executive Employment Agreement (Wyndham International Inc), Executive Employment Agreement (Wyndham International Inc), Executive Employment Agreement (La Quinta Holdings Inc.)

Applicable Rates. For purposes of determining the amount of the Gross Up PaymentPayments, Executive will be deemed to pay federal income taxes at the highest marginal rate of federal income taxation in the calendar year in which the Gross Up Payment is Payments are to be made and state and local income taxes at the highest marginal rates of taxation in the state and locality of Executive's ’s primary residence on for the date of Executive's Terminationcalendar year in which the Gross Up Payments are to be made, net of the maximum reduction in federal income taxes that could be obtained from deduction of such state and local taxes.

Appears in 4 contracts

Samples: Executive Employment Agreement (Wyndham International Inc), Executive Employment Agreement (Wyndham International Inc), Executive Employment Agreement (Wyndham International Inc)

Applicable Rates. For purposes of determining the amount of the Gross Up Payment, Executive will be deemed to pay federal income taxes at the highest marginal rate of federal income taxation in the calendar year in which the Gross Up Payment is to be made and state and local income taxes at the highest marginal rates of taxation in the state and locality of Executive's residence on the date of Executive's Termination, net of the maximum reduction in federal income taxes that could be obtained from deduction of such state and local taxes.

Appears in 4 contracts

Samples: Executive Employment Agreement (Wyndham International Inc), Executive Employment Agreement (Patriot American Hospitality Inc/De), Executive Employment Agreement (Wyndham International Inc)

Applicable Rates. For purposes of determining the amount of the Gross Gross-Up Payment, Executive will be deemed to pay federal income taxes at the highest marginal rate of federal income taxation in the calendar year in which the Gross Gross-Up Payment is to be made and state and local income taxes at the highest marginal rates of taxation in the state and locality of Executive's residence on the date of Executive's Termination, net of the maximum reduction in federal income taxes that could be obtained from deduction of such state and local taxes.

Appears in 1 contract

Samples: Executive Employment Agreement (Wyndham International Inc)

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Applicable Rates. For purposes of determining the amount of the Gross Up Payment, Executive will be deemed to pay federal income taxes at the highest marginal rate of federal income taxation in the calendar year in which the Gross Up Payment is to be made and state and local income taxes at the highest marginal rates of taxation in the state and locality of Executive's residence on the date of Executive's Terminationwhere taxes thereon are lawfully due, net of the maximum reduction (if any) in federal income taxes that could be obtained from deduction of such deductible state and local taxes.

Appears in 1 contract

Samples: Employment Agreement (Siga Technologies Inc)

Applicable Rates. For purposes of determining the amount of ---------------- the Gross Up Payment, Executive will be deemed to pay federal income taxes at the highest marginal rate of federal income taxation in the calendar year in which the Gross Up Payment is to be made and state and local income taxes at the highest marginal rates of taxation in the state and locality of Executive's residence on the date of Executive's Terminationwhere taxes thereon are lawfully due, net of the maximum reduction (if any) in federal income taxes that could be obtained from deduction of such deductible state and local taxes.

Appears in 1 contract

Samples: Executive Employment Agreement (Wyndham International Inc)

Applicable Rates. For purposes of determining the amount of the Gross Up Payment, Executive will be deemed to pay federal income taxes at the highest marginal rate of federal income taxation in the calendar year in which the Gross Up Payment is to be made and state and local income and employment taxes at the highest marginal rates of taxation in the state and locality of Executive's residence on the date of Executive's Termination, net of the maximum reduction in federal income taxes that could be obtained from deduction of such state and local taxes.

Appears in 1 contract

Samples: Executive Employment Agreement (Bradley Real Estate Inc)

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