Common use of Executive Compensation Tax Clause in Contracts

Executive Compensation Tax. Except as set forth on Section 2.10(c) of the Disclosure Schedule, there is no contract, agreement, plan or arrangement to which the Company is a party, including, without limitation, the provisions of this Agreement, covering any Employee of the Company, which, individually or collectively, could give rise to the payment of any amount that would not be deductible pursuant to Sections 280G or 404 of the Code or 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. Except as set forth on in Section 2.10(c2.11(c) of the Disclosure Schedule, there is no contract, agreement, plan or arrangement to which the Company is a party, including, without limitation, including the provisions of this Agreement, covering any Employee of the Companyindividual, which, individually or collectively, could give rise to the payment of any amount that would not be deductible pursuant to Sections 280G or 404 of the Code or that would give rise to a penalty under Section 409A of the Code.

Appears in 1 contract

Samples: Agreement and Plan of Merger (API Technologies Corp.)

Executive Compensation Tax. Except as set forth on in Section 2.10(c2.12(c) of the Disclosure Schedule, there is no contract, agreement, plan or arrangement to which the Company or any of its Subsidiaries is a party, including, without limitation, including the provisions of this Agreement, covering any Employee of the CompanyCompany or any of its Subsidiaries, which, individually or collectively, could give rise to the payment of any amount that would not be deductible pursuant to Sections 280G G, 404 or 404 of the Code or that would give rise to a penalty under Section 409A 162(m) of the Code.

Appears in 1 contract

Samples: Section Reference in Agreement (Autodesk Inc)

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Executive Compensation Tax. Except as set forth on in Section 2.10(c2.11(c) of the Disclosure Schedule, there is no contract, agreement, plan or arrangement to which the Company or any of its Subsidiaries is a party, including, without limitation, including the provisions of this Agreement, covering any Employee of the Company, which, individually or collectively, could give rise to the payment of any amount that would not be deductible pursuant to Sections 280G G, 162(m) or 404 of the Code or that would give rise to a penalty under Section 409A of the Code.

Appears in 1 contract

Samples: Agreement and Plan of Merger (On2 Technologies, Inc.)

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