Limitation of Benefits. (a) Anything in this Agreement to the contrary notwithstanding, in the event it shall be determined that any benefit, payment or distribution by the Company to or for the benefit of the Executive (whether payable or distributable pursuant to the terms of this Agreement or otherwise) (a "Payment") would, if paid, be subject to the excise tax imposed by Section 4999 of the Code (the "Excise Tax"), then the Payment shall be reduced to the extent necessary to avoid the imposition of the Excise Tax. The Executive may select the Payments to be limited or reduced.
Appears in 16 contracts
Samples: Control Employment Agreement (Irt Property Co), Control Agreement (Natco Group Inc), Control Agreement (Natco Group Inc)
Limitation of Benefits. (a) Anything in this Agreement to the contrary notwithstanding, in the event it shall be determined that any benefit, payment or distribution by the Company to or for the benefit of the Executive (whether payable or distributable pursuant to the terms of this Agreement or otherwise) (a "Payment") would, if paid, be subject to the excise tax imposed by Section 4999 of the Code (the "Excise Tax"), then the Payment shall be reduced to the extent necessary to of avoid the imposition of the Excise Tax. The Executive may select the Payments to be limited or reduced.
Appears in 5 contracts
Samples: Employment Agreement (Fuqua Enterprises Inc), Employment Agreement (Fuqua Enterprises Inc), Change of Control Employment Agreement (Mapics Inc)
Limitation of Benefits. (a) Anything in this Agreement to the contrary notwithstanding, in the event it shall be determined that any benefit, payment or distribution by the Company to or for the benefit of the Executive Employee (whether payable or distributable pursuant to the terms of this Agreement or otherwise) (a "“Payment"”) would, if paid, be subject to the excise tax imposed by Section 4999 of the Code (the "“Excise Tax"”), then the Payment shall be reduced to the extent necessary to avoid the imposition of the Excise Tax. The Executive Company may select the Payments to be limited or reduced.
Appears in 3 contracts
Samples: Executive Employment Agreement (Natco Group Inc), Executive Employment Agreement (Natco Group Inc), Executive Employment Agreement (Natco Group Inc)
Limitation of Benefits. (a) Anything in this Agreement to the contrary notwithstanding, in the event it shall be determined that any benefit, payment or distribution by the Company to or for the benefit of the Executive Employee (whether payable or distributable pursuant to the terms of this Agreement or otherwise) (a "Payment") would, if paid, be subject to the excise tax imposed by Section 4999 of the Code (the "Excise Tax"), then the Payment shall be reduced to the extent necessary to avoid the imposition of the Excise Tax. The Executive Company may select the Payments to be limited or reduced.
Appears in 2 contracts
Samples: Executive Employment Agreement (Natco Group Inc), Executive Employment Agreement (Natco Group Inc)
Limitation of Benefits. (a) Anything in this Agreement to the contrary notwithstanding, in the event it shall be determined that any benefit, payment or distribution by the Company NATCO to or for the benefit of the Executive (whether payable or distributable pursuant to the terms of this Agreement or otherwise) (a "Payment") would, if paid, be subject to the excise tax imposed by Section 4999 of the Code (the "Excise Tax"), then the Payment shall be reduced to the extent necessary to avoid the imposition of the Excise Tax. The Executive may select the Payments to be limited or reduced.
Appears in 2 contracts
Samples: Employment Agreement (Natco Group Inc), Employment Agreement (Natco Group Inc)
Limitation of Benefits. (a) Anything in this Agreement to the contrary notwithstanding, in the event it shall be determined that any benefit, payment or distribution by the Company to or for the benefit of the Executive (whether payable or distributable pursuant to the terms of this Agreement or otherwise) (a "“Payment"”) would, if paid, be subject to the excise tax imposed by Section 4999 of the Code (the "“Excise Tax"”), then the Payment shall be reduced to the extent necessary to of avoid the imposition of the Excise Tax. The Executive may select the Payments to be limited or reduced.
Appears in 1 contract
Samples: Change of Control Employment Agreement (Mapics Inc)
Limitation of Benefits. (a) Anything in this Agreement to the contrary notwithstanding, in the event it shall be determined that any benefit, payment or distribution by the Company to or for the benefit of the Executive (whether payable or distributable pursuant to the terms of this Agreement or otherwise) (a "Payment") would, if paid, be subject to the excise tax imposed by Section 4999 of the Code (the "Excise Tax"), then the Payment shall be reduced to the extent necessary to of avoid the imposition of the Excise Tax. The Executive may select the Payments to be limited or reduced.
Appears in 1 contract
Samples: Employment Agreement (Mapics Inc)
Limitation of Benefits. (a) Anything in this Agreement to the contrary notwithstanding, in the event it shall be determined that any benefit, payment or distribution by the Company to or for the benefit of the Executive (whether payable or distributable pursuant to the terms of this Agreement or otherwise) (a "Payment") would, if paid, be subject to the excise tax (the "Excise Tax") imposed by Section 4999 of the Code (the "Excise Tax")Code, then the Payment shall be reduced to the extent necessary to avoid the imposition of the Excise Tax. The Executive may select the Payments Payment(s) to be limited or reduced.
Appears in 1 contract