Performance Based Compensation. It is the intention of the parties that, if Section 162(m) of the Code is or will be applicable with respect to one or more payments hereunder, the Executive will consider in good faith any requests by the Employers to take actions to cause such payments to meet the requirements of Section 162(m)(4)(B) or (C) of the Code, and thus to be excluded from the definition of "applicable employee remuneration" within the meaning of Section 162(m)(4) of the Code.
Appears in 8 contracts
Samples: Executive Employment Agreement (Specialty Foods Acquisition Corp), Executive Employment Agreement (Specialty Foods Acquisition Corp), Employment Agreement (Specialty Foods Corp)