Common use of Certain Reduction of Payments by the Company Clause in Contracts

Certain Reduction of Payments by the Company. a. For purposes of this section, (i) A Payment shall mean any payment or distribution in the nature of compensation to or for the benefit of the Executive, whether paid or payable pursuant to this Agreement or otherwise; (ii) Agreement Payment shall mean a Payment paid or payable pursuant to this Agreement (disregarding this Section 6.7); (iii) Net After Tax Receipt shall mean the Present Value of a Payment net of all taxes imposed on the Executive with respect thereto under Sections 1 and 4999 of the Code, determined by applying the highest marginal rate under Section 1 of the Code which applied to the Executive’s taxable income for the immediately preceding taxable year; (iv) “

Appears in 4 contracts

Samples: Agreement (Ameripath Inc), Employment Agreement (Ameripath Inc), Employment Agreement (Ameripath Inc)

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Certain Reduction of Payments by the Company. a. For purposes of this section, (i) A Payment shall mean any ------- payment or distribution in the nature of compensation to or for the benefit of the Executive, whether paid or payable pursuant to this Agreement or otherwise; (ii) Agreement Payment shall mean a Payment paid or payable pursuant to this ----------------- Agreement (disregarding this Section 6.7); (iii) Net After Tax Receipt shall --------------------- mean the Present Value of a Payment net of all taxes imposed on the Executive with respect thereto under Sections 1 and 4999 of the Code, determined by applying the highest marginal rate under Section 1 of the Code which applied to the Executive’s 's taxable income for the immediately preceding taxable year; (iv) "

Appears in 3 contracts

Samples: Employment Agreement (Ameripath Inc), Employment Agreement (Ameripath Inc), Employment Agreement (Ameripath Inc)

Certain Reduction of Payments by the Company. a. For purposes of this section, (i) A Payment shall mean any ------- payment or distribution in the nature of compensation to or for the benefit of the Executive, whether paid or payable pursuant to this Agreement or otherwise; (ii) Agreement Payment shall mean a Payment paid or payable pursuant to this ----------------- Agreement (disregarding this Section 6.75.7); (iii) Net After Tax Receipt shall --------------------- mean the Present Value of a Payment net of all taxes imposed on the Executive with respect thereto under Sections 1 and 4999 of the Code, determined by applying the highest marginal rate under Section 1 of the Code which applied to the Executive’s 's taxable income for the immediately preceding taxable year; (iv) "

Appears in 2 contracts

Samples: Employment Agreement (Ameripath Inc), Employment Agreement (Ameripath Inc)

Certain Reduction of Payments by the Company. a. For purposes of this section, (i) A Payment shall mean any ------- payment or distribution in the nature of compensation to or for the benefit of the Executive, whether paid or payable pursuant to this Agreement or otherwise; (ii) Agreement Payment shall mean a Payment paid or payable pursuant to this ------------------ Agreement (disregarding this Section 6.7); (iii) Net After Tax Receipt shall --------------------- mean the Present Value of a Payment net of all taxes imposed on the Executive with respect thereto under Sections 1 and 4999 of the Code, determined by applying the highest marginal rate under Section 1 of the Code which applied to the Executive’s 's taxable income for the immediately preceding taxable year; (iv) "

Appears in 1 contract

Samples: Employment Agreement (Ameripath Inc)

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Certain Reduction of Payments by the Company. a. For purposes of this section, (i) A Payment shall mean any payment or distribution in the nature of compensation to or for the benefit of the Executive, whether paid or payable pursuant to this Agreement Amendment or otherwise; (ii) Agreement Amendment Payment shall mean a Payment paid or payable pursuant to this Agreement Amendment (disregarding this Section 6.75.7); (iii) Net After Tax Receipt shall mean the Present Value of a Payment net of all taxes imposed on the Executive with respect thereto under Sections 1 and 4999 of the Code, determined by applying the highest marginal rate under Section 1 of the Code which applied to the Executive’s 's taxable income for the immediately preceding taxable year; (iv) "

Appears in 1 contract

Samples: Employment and Retention (Ameripath Inc)

Certain Reduction of Payments by the Company. a. (a) For purposes of this sectionSection 9, (i) A a Payment shall mean any payment or distribution in the nature of compensation to or for the benefit of the Executive, whether paid or payable pursuant to this Agreement or otherwise; (ii) Agreement Change of Control Payment shall mean a Payment paid or payable pursuant to this Agreement (disregarding this Section 6.7Section); (iii) Net After Tax Receipt shall mean the Present Value of a Payment net of all taxes imposed on the Executive with respect thereto under Sections 1 and 4999 of the Code, determined by applying the highest marginal rate under Section 1 of the Code which applied to the Executive’s 's taxable income for the immediately preceding taxable year; (iv) "

Appears in 1 contract

Samples: Employment Agreement (Oge Energy Corp)

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