Common use of Executive Compensation Tax Clause in Contracts

Executive Compensation Tax. There is no contract, agreement, plan or arrangement to which the Company is a party as of the date of this Agreement, including but not limited to the provisions of this Agreement, covering any employee or former employee of Company, individually or collectively, that could give rise to the payment of any amount that would not be deductible pursuant to Sections 280G, 404 or 162(m) of the Code.

Appears in 6 contracts

Samples: Agreement and Plan of Merger and Reorganization (Xcarenet Inc), Agreement and Plan of Reorganization (Commerce One Inc), Stock Purchase Agreement (Gametech International Inc)

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Executive Compensation Tax. There is no contract, agreement, plan or arrangement to which the Company is a party as of the date of this Agreementparty, including but not limited to including, without limitation, the provisions of this Agreement, covering any employee or former employee Employee of the Company, which, individually or collectively, that could give rise to the payment of any amount that would not be deductible pursuant to Sections 280G, 404 or 162(m) of the Code.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Scansoft Inc), Agreement and Plan of Merger (Scansoft Inc)

Executive Compensation Tax. There is no contract, agreement, plan or arrangement to which the Company is a party as of the date of this Agreement, including but not limited to the provisions of this Agreement, covering any employee or former employee of Company, individually or collectively, that could give rise to the payment of any amount that would not be deductible pursuant to Sections 280G, 404 G or 162(m) of the Code.

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Commerce One Inc)

Executive Compensation Tax. There is no contract, agreement, plan or arrangement to which the Company or any of its Subsidiaries is a party as of the date of this Agreementparty, including but not limited to the provisions of this AgreementAgreement or the Employee Release, Non-Competition and Waiver Plan, covering any employee Employee of the Company or former employee any of Companyits Subsidiaries, which, individually or collectively, that could give rise to the payment of any amount that would not be deductible pursuant to Sections 280G, 404 or 162(m) of the Code.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Scansoft Inc)

Executive Compensation Tax. There is no contract, agreement, plan or arrangement Contract to which the Company is a party as of the date of this Agreementparty, including but not limited to including, without limitation, the provisions of this Agreement, covering any employee or former employee Employee of the Company, that, individually or collectively, that could give rise to the payment of any amount that would not be deductible pursuant to Sections 280G, G or 404 of the Code or 162(m) that would give rise to a penalty under Section 409A of the Code.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Nuance Communications, Inc.)

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Executive Compensation Tax. There is no contract, agreement, plan or arrangement to which the Company or the Subsidiary is a party as of the date of this Agreementparty, including but not limited to including, without limitation, the provisions of this Agreement, covering any employee or former employee of the Company, which, individually or collectively, that could give rise to the payment of any amount that would not be deductible pursuant to Sections 280G, 404 or 162(m) of the Code.

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Probusiness Services Inc)

Executive Compensation Tax. There is no contract, agreement, plan or arrangement to which the Company or any of the Subsidiaries is a party as of the date of this Agreement, including but not limited to the provisions of this Agreement, covering any employee or former employee of Companythe Company or any of the Subsidiaries that, individually or collectively, that could give rise to the payment of any amount that would not be deductible pursuant to Sections 280G, 404 or 162(m) of the Code.

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Larscom Inc)

Executive Compensation Tax. There is no contract, agreement, plan or arrangement to which the Company is a party as of the date of this Agreementparty, including but not limited to including, without limitation, the provisions of this Agreement, covering any employee or former employee Employee of the Company, which, individually or collectively, that could give rise to the payment of any amount that would not be have been deductible pursuant to but for Sections 280G, 404 or 162(m) of the Code.

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Brocade Communications Systems Inc)

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