409A Rule. Any Gross Up Payment called for under § 13.1 to reimburse Executive for paying the related tax shall be paid to Executive as and when any such determination or assessment is made under § 13.1. The Post Group and Executive acknowledge and agree that solely to satisfy an express requirement in the regulations under § 409A of the Code, such payment shall be made no later than the end of the calendar year immediately following the calendar year in which Executive pays the related tax, and that this provision of § 13.2 shall not give the Post Group the right to delay making a Gross Up Payment to or on behalf of Executive under § 13.1.
Appears in 6 contracts
Samples: Employment And (Post Apartment Homes Lp), Employment and Change in Control Agreement (Post Apartment Homes Lp), Employment and Change in Control Agreement (Post Apartment Homes Lp)
409A Rule. Any Gross Up Payment called for under § 13.1 9.1 to reimburse Executive for paying the related tax shall be paid to Executive as and when any such determination or assessment is made under § 13.19.1. The Post Group and Executive acknowledge and agree that solely to satisfy an express requirement in the regulations under § 409A of the Code, such payment shall be made no later than the end of the calendar year immediately following the calendar year in which Executive pays the related tax, and that this provision of § 13.2 9.2 shall not give the Post Group the right to delay making a Gross Up Payment to or on behalf of Executive under § 13.19.1.
Appears in 3 contracts
Samples: Change in Control Agreement (Post Properties Inc), Change in Control Agreement (Post Properties Inc), Change in Control Agreement (Post Properties Inc)
