Common use of Excess Parachute Payment Limitation Clause in Contracts

Excess Parachute Payment Limitation. Notwithstanding any other provision of this Agreement, if the sum of the value of the vesting of the Award and payments to Grantee described in this Agreement and in any other agreement, program, or plan between Company or any of its Affiliates and Grantee attributable to the same Change in Control constitute “excess parachute payments,” as defined in Section 280G(b)(1) of the Code, then Company shall reduce the amounts otherwise payable to Grantee under this Agreement so that Grantee’s total “parachute payment,” as defined in Section 280G(b)(2)(A) of the Code, under this Agreement and any other agreements, programs, or plans shall be $1,000 less than the amount that would be an “excess parachute payment.”

Excess Parachute Payment Limitation. Notwithstanding any other provision of this Agreement, if the sum of the value of the vesting of the Award and payments to Grantee the Executive described in this Agreement and in any other agreement, program, or plan between Company the Executive and the Corporation or any the Bank (or an affiliate of its Affiliates and Grantee the Bank) attributable to the same Change in Control constitute “"excess parachute payments,” " (as defined in Section 280G(b)(1) of the Internal Revenue Code of 1986, as amended ("Code"), then Company the Bank shall reduce the amounts otherwise payable to Grantee the Executive under this Agreement so that Grantee’s the Executive's total “"parachute payment,” " (as defined in Code Section 280G(b)(2)(A)) of the Code, under this Agreement and any other agreements, programs, programs or plans shall be One Dollar ($1,000 1.00) less than the amount that would be an “"excess parachute payment.”"

Excess Parachute Payment Limitation. Notwithstanding any other provision of this Agreement, if the sum of the value of the vesting of the Award and payments to Grantee the Executive described in this Agreement and in any other agreement, program, or plan between Company the Executive and the Corporation or any the Bank (or an affiliate of its Affiliates and Grantee the Bank) attributable to the same Change in Control constitute “excess parachute payments,” (as defined in Section 280G(b)(1) of the Internal Revenue Code of 1986, as amended (“Code”), then Company the Bank shall reduce the amounts otherwise payable to Grantee the Executive under this Agreement so that Grantee’s the Executive's total “parachute payment,” (as defined in Code Section 280G(b)(2)(A)) of the Code, under this Agreement and any other agreements, programs, programs or plans shall be One Dollar ($1,000 1.00) less than the amount that would be an “excess parachute payment.”

Excess Parachute Payment Limitation. Notwithstanding any other provision of this Agreement, if the sum of the value of the vesting of the Award and payments to Grantee described in this Agreement and in any other agreement, program, or plan between Company or any of its Affiliates subsidiaries and Grantee attributable to the same Change in Control constitute “excess parachute payments,” as defined in Section 280G(b)(1) of the Code, then Company shall reduce the amounts otherwise payable to Grantee under this Agreement so that Grantee’s total “parachute payment,” as defined in Section 280G(b)(2)(A180G(b)(2)(A) of the Code, under this Agreement and any other agreements, programs, or plans shall be $1,000 less than the amount that would be an “excess parachute payment.”

Excess Parachute Payment Limitation. Notwithstanding any other provision of this Agreement, if the sum of the value of the vesting of the Award and payments to Grantee the Executive described in this Agreement and in any other agreement, program, or plan between Company the Executive and the Corporation or any the Bank (or an affiliate of its Affiliates and Grantee the Bank) attributable to the same Change in Control constitute “excess parachute payments,” (as defined in Section 280G(b)(1) of the Internal Revenue Code of 1986, as amended (“Code”), then Company the Bank shall reduce the amounts otherwise payable to Grantee the Executive under this Agreement so that Granteethe Executive’s total “parachute payment,” (as defined in Code Section 280G(b)(2)(A)) of the Code, under this Agreement and any other agreements, programs, programs or plans shall be One Dollar ($1,000 1.00) less than the amount that would be an “excess parachute payment.”

Excess Parachute Payment Limitation. Notwithstanding any other provision of this Agreement, if the sum of the value of the vesting of the Award and payments to Grantee the Executive described in this Agreement and in any other agreement, program, or plan between Company the Executive and the Corporation or any the Bank (or an affiliate of its Affiliates and Grantee the Bank) attributable to the same Change in Control constitute “excess parachute payments,” “ (as defined in Section 280G(b)(1) of the Internal Revenue Code of 1986, as amended (“Code“), then Company the Bank shall reduce the amounts otherwise payable to Grantee the Executive under this Agreement so that Granteethe Executive’s total “parachute payment,” “ (as defined in Code Section 280G(b)(2)(A)) of the Code, under this Agreement and any other agreements, programs, programs or plans shall be One Dollar ($1,000 1.00) less than the amount that would be an “excess parachute payment.”“