Reduction Methodology. In the event that Section 7(a) applies and a reduction is required to be applied to the Payments thereunder, the Payments shall be reduced by the Company in its reasonable discretion in the following order: (i) reduction of any Payments that are subject to Section 409A on a pro-rata basis or such other manner that complies with Section 409A, as determined by the Company, and (ii) reduction of any Payments that are exempt from Section 409A.
Appears in 38 contracts
Sources: Employment Agreement (Avantax, Inc.), Employment Agreement (Avantax, Inc.), Employment Agreement (Blucora, Inc.)
Reduction Methodology. In the event that Section 7(a3.9(A) applies and a reduction is required to be applied to the Payments thereunder, the Payments shall be reduced by the Company in its reasonable discretion a manner and order of priority that provides ▇▇. ▇▇▇▇▇▇ with the largest net after-tax value; provided that payments of equal after-tax present value shall be reduced in the following order: (i) reverse order of payment. Notwithstanding any provision in this Agreement to the contrary, any such reduction of any Payments that are subject shall be structured in a manner intended to Section 409A on a pro-rata basis or such other manner that complies comply with Section 409A, as determined by the Company, and (ii) reduction of any Payments that are exempt from Section 409A.
Appears in 1 contract
Sources: Executive Employment Agreement (Cascade Microtech Inc)