Reduction of Payments. Subject to the exception described in Section 8(d)(3), in order to avoid the excise tax imposed by Section 4999 of the Code, one or more of the payments or benefits to which Executive is entitled that is not subject to Section 409A of the Code shall be reduced until the Total Payments equal the Cap. For purposes of this limitation:
Appears in 9 contracts
Samples: Employment Agreement (Insight Enterprises Inc), Employment Agreement (Insight Enterprises Inc), Employment Agreement (Insight Enterprises Inc)
Reduction of Payments. Subject to the exception described in Section 8(d)(39(d)(iii), in order to avoid the excise tax imposed by Section 4999 of the Code, one or more of the payments or benefits to which Executive is entitled that is not subject to Section 409A of the Code shall be reduced until the Total Payments equal the Cap. For purposes of this limitation:
Appears in 6 contracts
Samples: Executive Employment Agreement (Insight Enterprises Inc), Executive Employment Agreement (Insight Enterprises Inc), Executive Employment Agreement (Insight Enterprises Inc)