Common use of Additional Amount Clause in Contracts

Additional Amount. Whether or not Section 3 hereof is applicable, if in the opinion of tax counsel selected by the Executive and reasonably acceptable to the Company, the Executive has or will receive any compensation or recognize any income (whether or not pursuant to this Agreement or any plan or other arrangement of the Company and whether or not the Executive's employment with the Company has terminated) which constitutes an "excess parachute payment" within the meaning of Section 280G(b)(1) of the Internal Revenue Code of 1986, as amended (the "Code") (or for which a tax is otherwise payable under Section 4999 of the Code), then GPLP shall pay the Executive an additional amount (the "Additional Amount") equal to the sum of (i) all taxes payable by the Executive under Section 4999 of the Code with respect to all such excess parachute payments (or otherwise), including without limitation the Additional Amount, plus (ii) all federal, state and local income taxes payable by Executive with respect to the Additional Amount. The amounts payable pursuant to this Section 4 shall be paid by GPLP to the Executive not later than the date of any Change in Control of GRT, unless otherwise agreed to in writing.

Appears in 13 contracts

Samples: Severance Benefits Agreement (Glimcher Realty Trust), Severance Benefits Agreement (Glimcher Realty Trust), Severance Benefits Agreement (Glimcher Realty Trust)

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Additional Amount. Whether or not Section 3 hereof is applicable, if in the opinion of tax counsel selected by the Executive and reasonably acceptable to the CompanyEmployer, the Executive has received or will receive any compensation or recognize any income (whether or not pursuant to this Agreement, the Employment Agreement or any plan or other arrangement of the Company Employer and whether or not the Employment Period or the Executive's employment with the Company Employer has terminated) which constitutes will constitute an "excess parachute payment" within the meaning of Section 280G(b)(1) of the Internal Revenue Code of 1986, as amended (the "Code") (or for which a tax is otherwise payable under Section 4999 of the Code), then GPLP the Employer shall pay the Executive an additional amount (the "Additional Amount") equal to the sum of (i) all taxes payable by the Executive under Section 4999 of the Code with respect to all such excess parachute payments (or otherwise), including without limitation the and any such Additional Amount, plus (ii) all federal, state and local income taxes payable by Executive with respect to the any such Additional Amount. The Any amounts payable pursuant to this Section 4 shall be paid by GPLP the Employer to the Executive not later than within 30 days of each written request therefor made by the date of any Change in Control of GRT, unless otherwise agreed to in writingExecutive.

Appears in 7 contracts

Samples: Restatement of Severance Agreement (Reckson Operating Partnership Lp), Severance Agreement (Reckson Operating Partnership Lp), Restatement of Severance Agreement (Reckson Operating Partnership Lp)

Additional Amount. Whether or not Section 3 hereof is applicable, if in ----------------- the opinion of tax counsel selected by the Executive and reasonably acceptable to the CompanyEmployer, the Executive has or will receive any compensation or recognize any income (whether or not pursuant to this Agreement, the Employment Agreement or any plan or other arrangement of the Company Employer and whether or not the Employment Period or the Executive's employment with the Company Employer has terminated) which constitutes will constitute an "excess parachute payment" within the meaning of Section 280G(b)(1) of the Internal Revenue Code of 1986, as amended (the "Code") (or for which a tax is otherwise payable under Section 4999 of the Code), then GPLP the Employer shall pay the Executive an additional amount (the "Additional Amount") equal to the sum of (i) all taxes payable by the Executive under Section 4999 of the Code with respect to all such excess parachute payments (or otherwise), including without limitation the and any such Additional Amount, plus (ii) all federal, state and local income taxes payable by Executive with respect to the any such Additional Amount. The Any amounts payable pursuant to this Section 4 shall be paid by GPLP the Employer to the Executive not later than within 30 days of each written request therefor made by the date of any Change in Control of GRT, unless otherwise agreed to in writingExecutive.

Appears in 6 contracts

Samples: Severance Agreement (Reckson Associates Realty Corp), Severance Agreement (Reckson Associates Realty Corp), Severance Agreement (Reckson Associates Realty Corp)

Additional Amount. Whether or not Section 3 hereof is applicable, if in the opinion of tax counsel selected by the Executive and reasonably acceptable to the Company, the Executive has or will receive any compensation or recognize any income (whether or not pursuant to this Agreement or any plan or other arrangement of the Company and whether or not the Executive's employment with the Company has terminated) which constitutes an "excess of parachute payment" within the meaning of Section 280G(b)(1) of the Internal Revenue Code of 1986, as amended (the "Code") (or for which a tax is otherwise payable under Section 4999 of the Code), then GPLP shall pay the Executive an additional amount (the "Additional Amount") equal to the sum of (i) all taxes payable by the Executive under Section 4999 of the Code with respect to all such excess parachute payments (or otherwise)) including, including without limitation limitation, the Additional Amount, plus (ii) all federalFederal, state and local income taxes payable by for which the Executive may be liable with respect to the Additional Amount. The amounts payable pursuant to this Section 4 shall be paid by GPLP to the Executive not later than the date of any Change in Control of GRT, unless otherwise agreed to in writing.

Appears in 6 contracts

Samples: Severance Benefits Agreement (Glimcher Realty Trust), Severance Benefits Agreement (Glimcher Realty Trust), Severance Benefits Agreement (Glimcher Realty Trust)

Additional Amount. Whether or not Section 3 hereof is applicable, if in the opinion of tax counsel selected by the Executive and reasonably acceptable to the Company, the Executive has or will receive any compensation or recognize any income (whether or not pursuant to this Agreement or any plan or other arrangement of the Company and whether or not the Executive's ’s employment with the Company has terminated) which constitutes an "excess of parachute payment" within the meaning of Section 280G(b)(1) of the Internal Revenue Code of 1986, as amended (the "Code") (or for which a tax is otherwise payable under Section 4999 of the Code), then GPLP shall pay the Executive an additional amount (the "Additional Amount") equal to the sum of (i) all taxes payable by the Executive under Section 4999 of the Code with respect to all such excess parachute payments (or otherwise)) including, including without limitation limitation, the Additional Amount, plus (ii) all federalFederal, state and local income taxes payable by for which the Executive may be liable with respect to the Additional Amount. The amounts payable pursuant to this Section 4 shall be paid by GPLP to the Executive not later than the date of any Change in Control of GRT, unless otherwise agreed to in writing.

Appears in 4 contracts

Samples: Severance Benefits Agreement (Glimcher Realty Trust), Severance Benefits Agreement (Glimcher Realty Trust), Severance Benefits Agreement (Glimcher Realty Trust)

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Additional Amount. Whether or not Section 3 hereof is applicable, if in the opinion of tax counsel selected by the Executive and reasonably reasonable acceptable to the Company, the Executive has or will receive any compensation or recognize any income (whether or not pursuant to this Agreement or any plan or other arrangement of the Company and whether or not the Executive's employment with the Company has terminated) which constitutes an "excess of parachute payment" within the meaning of Section 280G(b)(1) of the Internal Revenue Code of 1986, as amended (the "Code") (or for which a tax is otherwise payable under Section 4999 of the Code), then GPLP shall pay the Executive an additional amount (the "Additional Amount") equal to the sum of (i) all taxes payable by the Executive under Section 4999 of the Code with respect to all such excess parachute payments (or otherwise), including without limitation the Additional Amount, plus (ii) all federal, state and local income taxes payable by Executive with respect to the Additional Amount. The amounts payable pursuant to this Section 4 shall be paid by GPLP to the Executive not later than the date of any Change in Control of GRT, unless otherwise agreed to in writing.

Appears in 2 contracts

Samples: Severence Benefits Agreement (Glimcher Realty Trust), Severence Benefits Agreement (Glimcher Realty Trust)

Additional Amount. Whether or not Section 3 hereof is applicable, if in the opinion of tax counsel selected by the Executive and reasonably acceptable accept-able to the Company, the Executive has or will receive any compensation or recognize any income (whether or not pursuant to this Agreement or any plan or other arrangement of the Company and whether or not the Executive's employment with the Company has terminated) which constitutes an "excess parachute payment" within the meaning of Section 280G(b)(1) of the Internal Revenue Code of 1986, as amended (the "Code") (or for which a tax is otherwise payable under Section 4999 of the Code), then GPLP the Company shall pay the Executive an additional amount (the "Additional Amount") equal to the sum of (i) all taxes payable by the Executive under Section 4999 of the Code with respect to all such excess parachute payments (or otherwise), including without limitation the Additional Amount, plus (ii) all federal, state and local income taxes payable by Executive with respect to the Additional Amount. The amounts payable pursuant to this Section 4 shall be paid by GPLP the Company to the Executive not later than within 30 days of the date of any Change in Control of GRT, unless otherwise agreed to in writingwritten request therefor made by the Executive.

Appears in 1 contract

Samples: Severance Benefits Agreement (Kranzco Realty Trust)

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