SKS definition

SKS or the “Company”), each holder of Company Shares identified on Exhibit A hereto (each an “Executing Shareholder” and collectively, the “Executing Shareholders”), and Neuberger, Quinn, Gielen, Rubin & Gibber P.A., solely in its capacity as the Shareholders’ Representative (as defined herein) and only for the limited purposes expressly stated herein. CHC, SKS, the Executing Shareholders, the Consenting Shareholders after joining this Agreement and the Shareholders’ Representative may be referred to herein individually as a “Party” and collectively as the “Parties.” Certain additional capitalized terms that are used in this Agreement are defined in Section 12.1. Schedule I provides an index to certain capitalized terms that are defined in other provisions of this Agreement.
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SKS has the meaning set forth in the Preamble.
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Examples of SKS in a sentence

  • In this Agreement the term “the Company” means SKS or one of its subsidiaries that employs the Executive in accordance with this Agreement at the time of determination or reference.

  • The Company’s rights in the preceding sentence are subject to the condition that the Acquirer first delivers to the Executive the Acquirer’s binding and enforceable written agreement, in form and substance reasonably satisfactory to the Executive, to assume and perform unconditionally the obligations of SKS and the Company in this Agreement in accordance with their terms (a “Successor Agreement”).

  • All fees and expenses of the Accounting Firm will be borne solely by SKS.

  • All Gross-Up Payments, as determined pursuant to this section 7, shall be paid by SKS to the Executive promptly following the receipt of the Accounting Firm’s determination.

  • Any determination by the Accounting Firm will be binding upon SKS and the Executive absent manifest error.

  • The Executive will give the notice as soon as practicable but no later than 10 business days after the Executive is informed in writing of the claim and will apprise SKS of the nature of the claim and the date on which such claim is requested to be paid.

  • If SKS exhausts its remedies pursuant to section 7(c) and the Executive thereafter is required to make a payment of any Excise Tax, the Accounting Firm will determine the amount of the Underpayment that has occurred and any such Underpayment will be promptly paid by SKS to or for the benefit of the Executive.

  • The Executive will not pay the claim prior to the expiration of the 30-day period following the date on which the Executive gives the notice to SKS (or such shorter period ending on the date that any payment of taxes with respect to the claim is due).

  • The rights of the Executive, and the obligations of SKS, in this section 7 will survive the termination of the Executive’s employment and the termination of this Agreement.

  • As a result of the uncertainty in the application of Section 4999 of the Code at the time of the initial determination by the Accounting Firm hereunder, it is possible that Gross-Up Payments which will not have been made by SKS should have been made (“Underpayment”), consistent with the calculations required to be made in accordance with this section 7.