Common use of Withholding and Taxes Clause in Contracts

Withholding and Taxes. No later than the date as of which an amount first becomes includible in the gross income of the Grantee for income tax purposes or subject to the Federal Insurance Contributions Act withholding with respect to this Award, the Grantee will pay to the Company or, if appropriate, any of its Affiliates, or make arrangements satisfactory to the Committee or the Board regarding the payment of, any United States federal, state or local or foreign taxes of any kind required by law to be withheld with respect to such amount; provided, however, that if any Award LTIP Units or Award Common Units are withheld (or returned), the number of Award LTIP Units or Award Common Units so withheld (or returned) shall be limited to the number which have a fair market value on the date of withholding equal to the aggregate amount of such liabilities based on the minimum statutory withholding rates for federal, state, local and foreign income tax and payroll tax purposes that are applicable to such supplemental taxable income. The obligations of the Company under this Agreement will be conditional on such payment or arrangements, and the Company and its Affiliates shall, to the extent permitted by law, have the right to deduct any such taxes from any payment otherwise due to the Grantee.

Appears in 8 contracts

Samples: Term Incentive Plan Award Agreement (Mack Cali Realty L P), Term Incentive Plan Award Agreement (Mack Cali Realty L P), Term Incentive Plan Award Agreement (Mack Cali Realty L P)

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Withholding and Taxes. No later than the date as of which an amount first becomes includible in the gross income of the Grantee for federal income tax purposes or subject to the Federal Insurance Contributions Act withholding with respect to this Award, the Grantee will pay to the Company or, if appropriate, any of its Affiliatesaffiliates, or make arrangements satisfactory to the Committee or the Board regarding the payment of, any United States federal, state or local or foreign taxes of any kind required by law to be withheld with respect to such amount; provided, however, that if any Award LTIP Units or Award Common OP Units are withheld (or returned), the number of Award LTIP Units or Award Common OP Units so withheld (or returned) shall be limited to the number which have a fair market value on the date of withholding equal to the aggregate amount of such liabilities based on the minimum statutory withholding rates for federal, state, local and foreign income tax and payroll tax purposes that are applicable to such supplemental taxable income. The obligations of the Company under this Agreement will be conditional on such payment or arrangements, and the Company and its Affiliates affiliates shall, to the extent permitted by law, have the right to deduct any such taxes from any payment otherwise due to the Grantee.

Appears in 3 contracts

Samples: Award Agreement (American Realty Capital Trust, Inc.), Award Agreement (American Realty Capital Trust, Inc.), Award Agreement (American Realty Capital Trust, Inc.)

Withholding and Taxes. No later than the date as of which an amount first becomes includible in the gross income of the Grantee Employee for income tax purposes or subject to the Federal Insurance Contributions Act withholding with respect to this Award, the Grantee Employee will pay to the Company or, if appropriate, any of its Affiliatesaffiliates, or make arrangements satisfactory to the Committee or the Board regarding the payment of, any United States federal, state or local or foreign taxes of any kind required by law to be withheld with respect to such amount; provided, however, that if any Award AO LTIP Units or Class A Units into which Award Common AO LTIP Units have been converted are withheld (or returned), the number of Award AO LTIP Units or Award Common Class A Units so withheld (or returned) shall be limited to the a number which have has a fair market value on the date of withholding equal to the aggregate amount of such liabilities based on the minimum statutory withholding rates for federal, state, local and foreign income tax and payroll tax purposes that are applicable to such supplemental taxable income. The obligations of the Company under this Agreement will be conditional on such payment or arrangements, and the Company and its Affiliates affiliates shall, to the extent permitted by law, have the right to deduct any such taxes from any payment otherwise due to the GranteeEmployee.

Appears in 3 contracts

Samples: Unit Award Agreement (Vornado Realty Lp), Award Agreement (Vornado Realty Lp), Ltip Unit Award Agreement (Vornado Realty Lp)

Withholding and Taxes. No later than the date as of which an amount first becomes includible in the gross income of the Grantee for income tax purposes or subject to the Federal Insurance Contributions Act withholding with respect to this Award, the Grantee will pay to the Company or, if appropriate, any of its Affiliatesaffiliates, or make arrangements satisfactory to the Committee or the Board regarding the payment of, any United States federal, state or local or foreign taxes of any kind required by law to be withheld with respect to such amount; provided, however, that if any Award LTIP Units or Award Common Units are withheld (or returned), the number of Award LTIP Units or Award Common Units so withheld (or returned) shall be limited to the number which have a fair market value on the date of withholding equal to the aggregate amount of such liabilities based on the minimum statutory withholding rates for federal, state, local and foreign income tax and payroll tax purposes that are applicable to such supplemental taxable income. The obligations of the Company under this Agreement will be conditional on such payment or arrangements, and the Company and its Affiliates affiliates shall, to the extent permitted by law, have the right to deduct any such taxes from any payment otherwise due to the Grantee.

Appears in 3 contracts

Samples: 2011 Outperformance Award Agreement (Boston Properties Inc), Outperformance Award Agreement (Boston Properties Inc), Outperformance Award Agreement (Boston Properties Inc)

Withholding and Taxes. No later than the date as of which an amount first becomes includible in the gross income of the Grantee for income tax purposes or subject to the Federal Insurance Contributions Act withholding with respect to this Award, the Grantee will pay to the Company or, if appropriate, any of its Affiliates, or make arrangements satisfactory to the Committee or the Board regarding the payment of, any United States federal, state or local or foreign taxes of any kind required by law to be withheld with respect to such amount; provided, however, that if any Award Class AO LTIP Units or Award Common Units are withheld (or returned), the number of Award Class AO LTIP Units or Award Common Units so withheld (or returned) shall be limited to the number which have a fair market value on the date of withholding equal to the aggregate amount of such liabilities based on the minimum statutory withholding rates for federal, state, local and foreign income tax and payroll tax purposes that are applicable to such supplemental taxable income. The obligations of the Company under this Agreement will be conditional on such payment or arrangements, and the Company and its Affiliates shall, to the extent permitted by law, have the right to deduct any such taxes from any payment otherwise due to the Grantee.

Appears in 3 contracts

Samples: Executive Employment Agreement (Mack Cali Realty L P), Term Incentive Plan Award Agreement (Mack Cali Realty L P), Incentive Plan Award Agreement (Mack Cali Realty L P)

Withholding and Taxes. No later than the date as of which an amount first becomes includible in the gross income of the Grantee for income tax purposes or subject to the Federal Insurance Contributions Act withholding with respect to this Award, the Grantee will pay to the Company or, if appropriate, any of its Affiliates, or make arrangements satisfactory to the Committee or the Board regarding the payment of, any United States federal, state or local or foreign taxes of any kind required by law to be withheld with respect to such amount; provided, however, that if any Award LTIP Units or Award Common Partnership Units are withheld (or returned), the number of Award LTIP Units or Award Common Partnership Units so withheld (or returned) shall be limited to the a number which have has a fair market value on the date of withholding equal to the aggregate amount of such liabilities based on the minimum statutory withholding rates for federal, state, local and foreign income tax and payroll tax purposes that are applicable to such supplemental taxable income. The obligations of the Company under this Agreement will be conditional on such payment or arrangements, and the Company and its Affiliates shall, to the extent permitted by law, have the right to deduct any such taxes from any payment otherwise due to the Grantee.

Appears in 2 contracts

Samples: Term Performance Plan Ltip Unit Award Agreement (Vornado Realty Lp), Term Performance Plan Ltip Unit Award Agreement (Vornado Realty Lp)

Withholding and Taxes. No later than the date as of which an amount first becomes includible in the gross income of the Grantee for income tax purposes or subject to the Federal Insurance Contributions Act withholding with respect to this Award, the Grantee will pay to the Company or, if appropriate, any of its Affiliatesaffiliates, or make arrangements satisfactory to the Committee or the Board Committee, in its sole and absolute discretion, regarding the payment of, of any United States federal, state or local or foreign taxes of any kind required by law to be withheld with respect to such amount; provided, however, that if any Award LTIP Units or Award Common Partnership Units are withheld (or returned), the number of Award LTIP Units or Award Common Partnership Units so withheld (or returned) shall be limited to the number which have a fair market value on the date of withholding equal to the aggregate amount of such liabilities based on the minimum statutory withholding rates for federal, state, local and foreign income tax and payroll tax purposes that are applicable to such supplemental taxable income. The obligations of the Company under this Agreement will be conditional on such payment or arrangements, and the Company and its Affiliates affiliates shall, to the extent permitted by law, have the right to deduct any such taxes from any payment otherwise due to the Grantee.

Appears in 2 contracts

Samples: Series 2019 Ltip Unit Award Agreement (Simon Property Group L P /De/), Series 2018 Ltip Unit Award Agreement (Simon Property Group L P /De/)

Withholding and Taxes. No later than the date as of which an amount first becomes includible in the gross income of the Grantee for income tax purposes or subject to the Federal Insurance Contributions Act withholding with respect to this Award, the Grantee will pay to the Company or, if appropriate, any of its Affiliates, or make arrangements satisfactory to the Committee or the Board Committee, in its sole and absolute discretion, regarding the payment of, of any United States federal, state or local or foreign taxes of any kind required by law to be withheld with respect to such amount; provided, however, that if any Award LTIP Units or Award Common Partnership Units are withheld (or returned), the number of Award LTIP Units or Award Common Partnership Units so withheld (or returned) shall be limited to the number which have a fair market value on the date of withholding equal to the aggregate amount of such liabilities based on the minimum statutory withholding rates for federal, state, local and foreign income tax and payroll tax purposes that are applicable to such supplemental taxable income. The obligations of the Company under this Agreement will be conditional on such payment or arrangements, and the Company and its Affiliates shall, to the extent permitted by law, have the right to deduct any such taxes from any payment otherwise due to the Grantee.

Appears in 2 contracts

Samples: Ltip Unit Award Agreement (Simon Property Group L P /De/), Ltip Unit Award Agreement (Simon Property Group L P /De/)

Withholding and Taxes. No later than the date as of which an amount first becomes includible in the gross income of the Grantee for income tax purposes or subject to the Federal Insurance Contributions Act withholding with respect to this Award, the Grantee will pay to the Company Company, the Partnership or, if appropriate, any of its Affiliatessubsidiaries or affiliates, or make arrangements satisfactory to the Committee or the Board regarding the payment of, any United States federal, state or local or foreign taxes of any kind required by law to be withheld with respect to such amount; provided, however, that if any Award LTIP Units or Award Common Conversion Units are withheld (or returned), the number of Award LTIP Units or Award Common Conversion Units so withheld (or returned) shall be limited to the number which have a fair market value Fair Market Value on the date of withholding equal to the aggregate amount of such liabilities based on the minimum statutory withholding rates for federal, state, local and foreign income tax and payroll tax purposes that are applicable to such supplemental taxable income. The obligations of the Company and the Partnership under this Agreement will be conditional on such payment or arrangements, and the Company Company, the Partnership and its Affiliates their subsidiaries and affiliates shall, to the extent permitted by law, have the right to deduct any such taxes from any payment otherwise due to the Grantee.

Appears in 2 contracts

Samples: Ltip Unit Award Agreement (Four Springs Capital Trust), Ltip Unit Award Agreement (Four Springs Capital Trust)

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Withholding and Taxes. No later than the date as of which an amount first becomes includible in the gross income of the Grantee for income tax purposes or subject to the Federal Insurance Contributions Act withholding with respect to this Award, the Grantee will pay to the Company or, if appropriate, any of its Affiliates, or make arrangements satisfactory to the Committee or the Board regarding the payment of, any United States federal, state or local or foreign taxes of any kind required by law to be withheld with respect to such amount; provided, however, that if any Award LTIP OPP Units or Award Common Partnership Units are withheld (or returned), the number of Award LTIP OPP Units or Award Common Partnership Units so withheld (or returned) shall be limited to the a number which have has a fair market value on the date of withholding equal to the aggregate amount of such liabilities based on the minimum statutory withholding rates for federal, state, local and foreign income tax and payroll tax purposes that are applicable to such supplemental taxable income. The obligations of the Company under this Agreement will be conditional on such 34 payment or arrangements, and the Company and its Affiliates shall, to the extent permitted by law, have the right to deduct any such taxes from any payment otherwise due to the Grantee.

Appears in 1 contract

Samples: Plan Award Agreement (Vornado Realty Trust)

Withholding and Taxes. No later than the date as of which an amount first becomes includible in the gross income of the Grantee for income tax purposes or subject to the Federal Insurance Contributions Act withholding with respect to this Award, the Grantee will pay to the Company or, if appropriate, any of its Affiliates, or make ​ ​ ​ arrangements satisfactory to the Committee or the Board Committee, in its sole and absolute discretion, regarding the payment of, of any United States federal, state or local or foreign taxes of any kind required by law to be withheld with respect to such amount; provided, however, that if any Award LTIP Units or Award Common Partnership Units are withheld (or returned), the number of Award LTIP Units or Award Common Partnership Units so withheld (or returned) shall be limited to the number which have a fair market value on the date of withholding equal to the aggregate amount of such liabilities based on the minimum statutory withholding rates for federal, state, local and foreign income tax and payroll tax purposes that are applicable to such supplemental taxable income. The obligations of the Company under this Agreement will be conditional on such payment or arrangements, and the Company and its Affiliates shall, to the extent permitted by law, have the right to deduct any such taxes from any payment otherwise due to the Grantee.

Appears in 1 contract

Samples: Series 2022 Ltip Unit Award Agreement (Simon Property Group L P /De/)

Withholding and Taxes. No later than the date as of which an amount first becomes includible in the gross income of the Grantee for income tax purposes or subject to the Federal Insurance Contributions Act withholding with respect to this Award, the Grantee will pay to the Company or, if appropriate, any of its Affiliates, or make arrangements satisfactory to the Committee or the Board Committee, in its sole and absolute discretion, regarding the payment of, of any United States federal, state or local or foreign taxes of any kind required by law to be withheld with respect to such amount; provided, however, that if any Award LTIP Units RSUs or Award Shares of Common Units Stock are withheld (or returned), the number of Award LTIP Units RSUs or Award ​ ​ ​ shares of Common Units Stock so withheld (or returned) shall be limited to the number which have a fair market value on the date of withholding equal to the aggregate amount of such liabilities based on the minimum statutory withholding rates for federal, state, local and foreign income tax and payroll tax purposes that are applicable to such supplemental taxable income. The obligations of the Company under this Agreement will be conditional on such payment or arrangements, and the Company and its Affiliates shall, to the extent permitted by law, have the right to deduct any such taxes from any payment otherwise due to the Grantee.

Appears in 1 contract

Samples: Restricted Stock Unit Award Agreement (Simon Property Group L P /De/)

Withholding and Taxes. No later than the date as of which an amount first becomes includible in the gross income of the Grantee for income tax purposes or subject to the Federal Insurance Contributions Act withholding with respect to this Award, the Grantee will pay to the Company or, if appropriate, any of its Affiliates, or make arrangements satisfactory to the Committee or the Board Committee, in its sole and absolute discretion, regarding the payment of, of any United States federal, state or local or foreign taxes of any kind required by law to be withheld with respect to such amount; provided, however, that if any Award LTIP Units RSUs or Award Shares of Common Units Stock are withheld (or returned), the number of Award LTIP Units RSUs or Award shares of Common Units Stock so withheld (or returned) shall be limited to the number which have a fair market value on the date of withholding equal to the aggregate amount of such liabilities based on the minimum statutory withholding rates for federal, state, local and foreign income tax and payroll tax purposes that are applicable to such supplemental taxable income. The obligations of the Company under this Agreement will be conditional on such payment or arrangements, and the Company and its Affiliates shall, to the extent permitted by law, have the right to deduct any such taxes from any payment otherwise due to the Grantee.

Appears in 1 contract

Samples: Restricted Stock Unit Award Agreement (Simon Property Group L P /De/)

Withholding and Taxes. No later than the date as of which an amount first becomes includible in the gross income of the Grantee for income tax purposes or subject to the Federal Insurance Contributions Act withholding with respect to this Award, the Grantee will pay to the Company or, if appropriate, any of its Affiliatesaffiliates, or make arrangements satisfactory to the Committee or the Board Committee, in its sole and absolute discretion, regarding the payment of, of any United States federal, state or local or foreign taxes of any kind required by law to be withheld with respect to such amount; provided, however, that if any Award LTIP Units RSUs or Award Shares of Common Units Stock are withheld (or returned), the number of Award LTIP Units RSUs or Award shares of Common Units Stock so withheld (or returned) shall be limited to the number which have a fair market value on the date of withholding equal to the aggregate amount of such liabilities based on the minimum statutory withholding rates for federal, state, local and foreign income tax and payroll tax purposes that are applicable to such supplemental taxable income. The obligations of the Company under this Agreement will be conditional on such payment or arrangements, and the Company and its Affiliates affiliates shall, to the ​ ​ extent permitted by law, have the right to deduct any such taxes from any payment otherwise due to the Grantee.

Appears in 1 contract

Samples: Restricted Stock Unit Award Agreement (Simon Property Group L P /De/)

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