Common use of Golden Parachute Limitation Clause in Contracts

Golden Parachute Limitation. Notwithstanding anything herein to the contrary, to the extent any amount to be paid or benefit to be provided to the Executive pursuant to this Agreement or otherwise (collectively, the “Payments”) would be treated as an “excess parachute payment,” as that phrase is defined in Section 280G of the Internal Revenue Code of 1986, as amended (the “Code”), then the amounts and benefits the Executive would otherwise receive shall be either:

Appears in 14 contracts

Samples: Change in Control Agreement (Aceto Corp), Change in Control Agreement (Aceto Corp), Change in Control Agreement (Aceto Corp)

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Golden Parachute Limitation. Notwithstanding anything herein to the contrary, to the extent any amount paid or to be paid or benefit to be provided to the Executive pursuant to this Agreement or otherwise (collectively, the “Payments”) would be treated as an “excess parachute payment,” as that phrase is defined in Section 280G of the Internal Revenue Code of 1986, as amended (the “Code”), then the amounts and benefits amount the Executive would otherwise receive under Sections 3(b) and 3(c) of this Agreement (in that order) shall be either:reduced so that no “excess parachute payment” is made by the Company or received by the Executive.

Appears in 11 contracts

Samples: Change in Control Agreement (Aceto Corp), Change in Control Agreement (Aceto Corp), Change in Control Agreement (Aceto Corp)

Golden Parachute Limitation. Notwithstanding anything herein to the contrary, to the extent any amount to be paid or benefit to be provided to the Executive pursuant to this Agreement or otherwise (collectively, the “Payments”) would be treated as an “excess parachute payment,” as that phrase is defined in Section 280G of the Internal Revenue Code of 1986, as amended (the “Code”), then the amounts and benefits the Executive would otherwise receive Payments shall be either:: (a) paid or allowed in full; or

Appears in 1 contract

Samples: Executive Severance Agreement (Altair Engineering Inc.)

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Golden Parachute Limitation. Notwithstanding anything herein to the contrary, to the extent any amount to be paid or benefit to be provided to the Executive pursuant to this Agreement or otherwise (collectively, the "Payments") would be treated as an "excess parachute payment," as that phrase is defined in Section 280G 2800 of the Internal Revenue Code of 1986, as amended (the "Code"), then the amounts and benefits the Executive would otherwise receive Payments shall be either:: (a) paid or allowed in full; or

Appears in 1 contract

Samples: Executive Severance Agreement (Altair Engineering Inc.)

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