Parachute Payments. In the event that any payment or benefit received or to be received by the Employee pursuant to this Agreement or otherwise (collectively, the “Payments”) would result in a “parachute payment” as described in section 280G of the Internal Revenue Code of 1986, as amended, notwithstanding the other provisions of this Agreement, the amount of such Payments will not exceed the amount which produces the greatest after-tax benefit to the Employee. For purposes of the foregoing, the greatest after-tax benefit will be determined within thirty (30) days of the occurrence of such payment to the Employee, in the Employee’s sole and absolute discretion. If no such determination is made by the Employee within thirty (30) days of the occurrence of such payment, the Company will promptly make such determination in a fair and equitable manner.
Appears in 16 contracts
Samples: Change in Control Agreement (Sciclone Pharmaceuticals Inc), Employment Agreement (Sciclone Pharmaceuticals Inc), Change in Control Agreement (Sciclone Pharmaceuticals Inc)
Parachute Payments. In the event that any payment or benefit received or to be received by the Employee pursuant to this Agreement or otherwise (collectively, the “Payments”) would result in a “parachute payment” as described in section Section 280G of the Internal Revenue Code of 1986Code, as amended, then notwithstanding the other provisions of this Agreement, Agreement the amount of such Payments will not exceed the amount which produces the greatest after-tax benefit to the Employee. For purposes of the foregoing, the greatest after-tax benefit will be determined within thirty (30) days of the occurrence of such payment to the Employee, in the Employee’s sole and absolute discretion. If no such determination is made by the Employee within thirty (30) days of the occurrence of such payment, the Company will promptly make such determination in a fair and equitable manner.
Appears in 8 contracts
Samples: Employee Retention Agreement (Sciclone Pharmaceuticals Inc), Employee Retention Agreement (Sciclone Pharmaceuticals Inc), Employee Retention Agreement (Sciclone Pharmaceuticals Inc)
Parachute Payments. In the event that any payment or benefit received or to be received by the Employee pursuant to this Agreement or otherwise (collectively, the “"Payments”") would result in a “"parachute payment” " as described in section 280G of the Internal Revenue Code of 1986, as amended, notwithstanding the other provisions of this Agreement, the amount of such Payments will not exceed the amount which produces the greatest after-tax benefit to the Employee. For purposes of the foregoing, the greatest after-tax benefit will be determined within thirty (30) days of the occurrence of such payment to the Employee, in the Employee’s 's sole and absolute discretion. If no such determination is made by the Employee within thirty (30) days of the occurrence of such payment, the Company will promptly make such determination in a fair and equitable manner.
Appears in 8 contracts
Samples: Salary Continuation Agreement (Network Peripherals Inc), Continuation Agreement (Network Peripherals Inc), Salary Continuation Agreement (Network Peripherals Inc)
Parachute Payments. In the event that any payment or benefit received or to be received by the Employee pursuant to this Agreement or otherwise (collectively, the “"Payments”") would result in a “"parachute payment” " as described in section 280G of the Internal Revenue Code of 1986, as amended, notwithstanding the other provisions of this Agreement, the amount of such Payments will not exceed the amount which produces the greatest after-tax benefit to the Employee. For purposes of the foregoing, the greatest after-tax benefit will be determined within thirty (30) days of the occurrence of such payment to the Employee, in the Employee’s 's sole and absolute discretion. If no such determination is made by the Employee within thirty (30) days of the occurrence of such payment, the Company will promptly make such determination in a fair and equitable manner.
Appears in 4 contracts
Samples: Control Agreement (Sciclone Pharmaceuticals Inc), Control Agreement (Sciclone Pharmaceuticals Inc), Change in Control Agreement (Inprise Corp)
Parachute Payments. In the event that any payment or benefit received or to be received by the Employee pursuant to this Agreement or otherwise (collectively, the “Payments”) would result in a “parachute payment” as described in section 280G of the Internal Revenue Code of 1986, as amended, notwithstanding the other provisions of this Agreement, the amount of such Payments will not exceed the amount which produces the greatest after-tax benefit to the Employee. For purposes of the foregoing, the greatest after-tax benefit will be determined within thirty (30) days of the occurrence of such payment to the Employee, in the Employee’s sole and absolute discretion. If no such determination is made by the Employee within thirty (30) days of the occurrence of such payment, the Company will promptly make such determination in a fair and equitable manner.
Appears in 2 contracts
Samples: Change in Control Agreement (Sciclone Pharmaceuticals Inc), Change in Control Agreement (Sciclone Pharmaceuticals Inc)
Parachute Payments. In the event that any payment or benefit received or to be received by the Employee pursuant to this Agreement or otherwise (collectively, the “"Payments”") would result in a “"parachute payment” " as described in section 280G of the Internal Revenue Code of 1986, as amended, notwithstanding the other provisions of this Agreement, the amount of such Payments will not exceed the amount which produces the greatest after-tax benefit to the Employee. For purposes of the foregoing, the greatest after-tax benefit will be determined within thirty (30) days of the occurrence of such payment to the Employee, in the Employee’s 's sole and absolute discretion. If no such determination is made by the Employee within thirty (30) days of the occurrence of such payment, the Company will promptly make such determination in a fair and equitable manner.Employee
Appears in 1 contract
Parachute Payments. In the event that any payment or benefit received or to be received by the Employee Regel pursuant to this Employment Agreement or otherwise (collectively, the “Payments”"payments") would result in a “"parachute payment” " as described in section 280G of the Internal Revenue Code of 1986, as amended, notwithstanding the other provisions of this Employment Agreement, the amount of such Payments will not exceed the amount which produces the greatest after-tax benefit to the EmployeeRegel. For purposes of the foregoing, the greatest after-tax benefit will be determined within thirty (30) days of the occurrence of such payment to the EmployeeRegel, in the Employee’s his sole and absolute discretion. If no such determination is made by the Employee Regel within thirty (30) days of the occurrence of such payment, the Company will promptly make such determination in a fair and equitable manner.
Appears in 1 contract
Parachute Payments. In the event that any payment or benefit received or to be received by the Employee pursuant to this Agreement or otherwise (collectively, the 4 “Payments”) would result in a “parachute payment” as described in section Section 280G of the Internal Revenue Code of 1986Code, as amended, then notwithstanding the other provisions of this Agreement, Agreement the amount of such Payments will not exceed the amount which produces the greatest after-tax benefit to the Employee. For purposes of the foregoing, the greatest after-tax benefit will be determined within thirty (30) days of the occurrence of such payment to the Employee, in the Employee’s sole and absolute discretion. If no such determination is made by the Employee within thirty (30) days of the occurrence of such payment, the Company will promptly make such determination in a fair and equitable manner.
Appears in 1 contract
Samples: Employee Retention Agreement (Sciclone Pharmaceuticals Inc)
Parachute Payments. In the event that any payment or benefit ------------------ received or to be received by the Employee pursuant to this Agreement or otherwise (collectively, the “"Payments”") would result in a “"parachute payment” " as described in section 280G of the Internal Revenue Code of 1986, as amended, notwithstanding the other provisions of this Agreement, the amount of such Payments will not exceed the amount which produces the greatest after-tax benefit to the Employee. For purposes of the foregoing, the greatest after-tax benefit will be determined within thirty (30) days of the occurrence of such payment to the Employee, in the Employee’s 's sole and absolute discretion. If no such determination is made by the Employee within thirty (30) days of the occurrence of such payment, the Company will promptly make such determination in a fair and equitable manner.
Appears in 1 contract
Samples: Salary Continuation Agreement (Network Peripherals Inc)