Common use of Limitation on Parachute Payments Clause in Contracts

Limitation on Parachute Payments. In the event that the payment and other benefits provided for in this Agreement or otherwise payable to Executive (i) constitute “parachute payments” within the meaning of Section 280G of the Code and (ii) but for this Section 10, would be subject to the excise tax imposed by Section 4999 of the Code, then Executive’s payments and benefits will be either:

Appears in 4 contracts

Samples: Employment Agreement (Douglas Dynamics, Inc), Employment Agreement (Douglas Dynamics, Inc), Employment Agreement (Douglas Dynamics, Inc)

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Limitation on Parachute Payments. In the event that the payment and other benefits provided for in this Agreement or otherwise payable to Executive (i) constitute "parachute payments" within the meaning of Section 280G of the Code and (ii) but for this Section 1012(b), would be subject to the excise tax imposed by Section 4999 of the Code, then Executive’s 's payments and benefits will be either:

Appears in 4 contracts

Samples: Employment Agreement (Sensus Healthcare, Inc.), Employment Agreement (Sensus Healthcare, Inc.), Employment Agreement (Sensus Healthcare, Inc.)

Limitation on Parachute Payments. In the event that the payment severance and other benefits provided for in this Agreement or otherwise payable to Executive (i) constitute “parachute payments” within the meaning of Section 280G of the Code and (ii) but for this Section 104, would be subject to the excise tax imposed by Section 4999 of the Code, then Executive’s payments and benefits will be either:

Appears in 4 contracts

Samples: Control Severance Agreement, Change in Control Severance Agreement (Uni-Pixel), Change in Control Severance Agreement (Uni-Pixel)

Limitation on Parachute Payments. In the event that the payment and other benefits provided for in this Agreement or otherwise payable to Executive (i) constitute "parachute payments" within the meaning of Section 280G of the Code and (ii) but for this Section 1011 (b), would be subject to the excise tax imposed by Section 4999 of the Code, then Executive’s 's payments and benefits will be either:

Appears in 3 contracts

Samples: Executive Employment Agreement (Capital Senior Living Corp), Executive Employment Agreement (Capital Senior Living Corp), Executive Employment Agreement (Capital Senior Living Corp)

Limitation on Parachute Payments. In the event that the payment and other benefits provided for in this Agreement or otherwise payable to Executive (i) constitute "parachute payments" within the meaning of Section 280G of the Code and (ii) but for this Section 1011(b), would be subject to the excise tax imposed by Section 4999 of the Code, then Executive’s 's payments and benefits will be either:

Appears in 2 contracts

Samples: Employment Agreement (Cardiff Lexington Corp), Employment Agreement (Cardiff Lexington Corp)

Limitation on Parachute Payments. In the event that the payment and other benefits provided for in this Agreement or otherwise payable to Executive (i) constitute “parachute payments” within the meaning of Section 280G of the Code and (ii) but for this Section 1012(b), would be subject to the excise tax imposed by Section 4999 of the Code, then Executive’s payments and benefits will be either:

Appears in 2 contracts

Samples: Employment Agreement (Sensus Healthcare, Inc.), Employment Agreement (Sensus Healthcare, Inc.)

Limitation on Parachute Payments. In the event that the payment and other benefits provided for in this Agreement or otherwise payable to Executive (i) constitute “parachute payments” within the meaning of Section 280G of the Code and (ii) but for this Section 1011 (b), would be subject to the excise tax imposed by Section 4999 of the Code, then Executive’s payments and benefits will be either:

Appears in 2 contracts

Samples: Executive Employment Agreement (Sonida Senior Living, Inc.), Executive Employment Agreement (Capital Senior Living Corp)

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Limitation on Parachute Payments. In the event that the payment and other benefits provided for in this Agreement or otherwise payable to Executive Employee (i) constitute “parachute payments” within the meaning of Section 280G of the Code and (ii) but for this Section 1011(b), would be subject to the excise tax imposed by Section 4999 of the Code, then Executivethe Employee’s payments and benefits will be either:

Appears in 1 contract

Samples: Employment Agreement (Capital Senior Living Corp)

Limitation on Parachute Payments. In the event that the payment and other benefits provided for in this Agreement or otherwise payable to Executive (i) constitute “parachute payments” within the meaning of Section 280G of the Code and (ii) but for this Section 1011(b), would be subject to the excise tax imposed by Section 4999 of the Code, then Executive’s payments and benefits will be either:

Appears in 1 contract

Samples: Executive Employment Agreement (Capital Senior Living Corp)

Limitation on Parachute Payments. In the event that the payment and other benefits provided for in this Agreement or otherwise payable to Executive (i) constitute "parachute payments" within the meaning of Section 280G of the Code and (ii) but for this Section 10Section, would be subject to the excise tax imposed by Section 4999 of the Code, then Executive’s 's payments and benefits will be either:

Appears in 1 contract

Samples: Employment Agreement (Christopher & Banks Corp)

Limitation on Parachute Payments. In the event that the payment severance and other benefits provided for in this Agreement or otherwise payable to Executive (i) constitute “parachute payments” within the meaning of Section 280G of the Code and (ii) but for this Section 104, would be subject to the excise tax imposed by Section 4999 of the Code, then Executive’s payments and benefits will be either:

Appears in 1 contract

Samples: Change in Control Severance Agreement (Uwharrie Capital Corp)

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