Determinations Shall Be Made by the Accounting Firm Clause Samples
This clause assigns the responsibility for making specific financial or accounting determinations to an independent accounting firm. In practice, this means that whenever a dispute or question arises regarding financial calculations, adjustments, or interpretations under the agreement, the accounting firm will review the relevant information and issue a binding decision. By designating a neutral third party to resolve such matters, the clause helps ensure objectivity and reduces the potential for prolonged disputes between the parties.
Determinations Shall Be Made by the Accounting Firm. Subject to the provisions of section 5.3(a), all determinations required to be made under this section 5.3(b) – including whether and when a Gross-Up Payment Amount is required, the amount of the Gross-Up Payment Amount and the assumptions to be used to arrive at the determination (collectively, the “Determination”) – shall be made by the Accounting Firm, which shall provide detailed supporting calculations both to the Employer and the Executive within 15 business days after receipt of notice from the Employer or the Executive that there has been a Gross-Up Payment Amount, or such earlier time as is requested by the Employer.
Determinations Shall Be Made by the Accounting Firm. Subject to the provisions of section 3(a), all determinations required to be made under this section 3(b) – including whether and when a Gross-Up Payment Amount is required, the amount of the Gross-Up Payment Amount, and the assumptions to be used to arrive at the determination (collectively, the “Determination”) – shall be made by the Accounting Firm, which shall provide detailed supporting calculations both to Cortland Bancorp and the Executive within 15 business days after receipt of notice from Cortland Bancorp or the Executive that there has been a Gross-Up Payment Amount, or such earlier time as is requested by Cortland Bancorp.
Determinations Shall Be Made by the Accounting Firm. Subject to the provisions of Section 5.4(a), all determinations required to be made under this Section 5.4(b) – including whether and when a Gross-Up Payment Amount is required, the amount of the Gross-Up Payment Amount and the assumptions to be used to arrive at the determination (collectively, the “Determination”) – shall be made by the Accounting Firm, which shall provide detailed supporting calculations both to Southern Community Financial Corporation and the Executive within 15 business days after receipt of notice from Southern Community Financial Corporation or the Executive that there has been a Gross-Up Payment Amount, or such earlier time as is requested by Southern Community Financial Corporation.
Determinations Shall Be Made by the Accounting Firm. Subject to the provisions of Section 7.4(a), all determinations required to be made under this Section 7.4(b) – including whether and when a Gross-Up Payment Amount is required, the amount of the Gross-Up Payment Amount and the assumptions to be used to arrive at the determination (collectively, the “Determination”) – shall be made by the Accounting Firm, which shall provide detailed supporting calculations both to BNC and the Executive within 15 business days after receipt of notice from BNC or the Executive that there has been a Gross-Up Payment Amount, or such earlier time as is requested by BNC.
Determinations Shall Be Made by the Accounting Firm. All determinations required to be made under this Section 8 - including whether and when a Gross-Up Payment Amount is required, the amount of the Gross-Up Payment Amount and the assumptions to be used to arrive at the determination (collectively, the “Determination”) - shall be made by the Company’s accounting firm, which shall provide detailed supporting calculations both to the Company and the Executive within 15 business days after receipt of notice from the Company or the Executive that there has been a Gross-Up Payment Amount, or such earlier time as is requested by the Company.
Determinations Shall Be Made by the Accounting Firm. Subject to the provisions of Section 8(d), all determinations required to be made under this Section 8(e) including whether and when a Gross-Up Payment Amount is required, the amount of the Gross-Up Payment Amount and the assumptions to be used to arrive at the determination (collectively, the “Determination”) shall be made by the Accounting Firm, which shall provide detailed supporting calculations both to the Employer and Officer within 15 business days after receipt of notice from Employer or Officer that there has been a Gross-Up Payment Amount, or such earlier time as is requested by Employer.
Determinations Shall Be Made by the Accounting Firm. Subject to the provisions of sections 5.3(a) and (b), all determinations required to be made under this Section 5.3, including whether the Total Payments would be treated as an “excess parachute payment” within the meaning of Section 280G of the Internal Revenue Code and the assumptions used to arrive at the determination (collectively, the “Determination”) shall be made by the Accounting Firm, which shall provide detailed supporting calculations both the Employer and the Executive.
Determinations Shall Be Made by the Accounting Firm. Subject to the provisions of section 5.3(a), all determinations required to be made under this section 5.3(b) – including whether and when an Excise Tax Payment is required, the amount of the Excise Tax Payment, and the assumptions to be used to arrive at the determination (collectively, the “Determination”) – shall be made by the Accounting Firm, which shall provide detailed supporting calculations both to the Employer and the Executive within 15 business days after receipt of notice from the Employer or the Executive that there has been an Excise Tax Payment, or such earlier time as is requested by the Employer.