Additional Amount. Whether or not Section 7 is applicable, if in the opinion of tax counsel selected by the Executive and reasonably 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 constitute an "excess parachute payment" within the meaning of Section 280G(b)(1) of the Code (or for which a tax is otherwise payable under Section 4999 of the Code), then 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) and 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 8 shall be paid by the Company to the Executive within 30 days of the written request therefor made by the Executive.
Appears in 2 contracts
Samples: Employment Agreement (Wellsford Real Properties Inc), Employment Agreement (Wellsford Real Properties Inc)
Additional Amount. Whether or not Section 7 is applicable, if in the opinion of tax counsel selected by the Executive and reasonably accept- able 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 constitute an "excess parachute payment" within the meaning of Section 280G(b)(1) of the Code (or for which a tax is otherwise payable under Section 4999 of the Code), then 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) and 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 8 shall be paid by the Company to the Executive within 30 days of the written request therefor made by the Executive.
Appears in 2 contracts
Samples: Employment Agreement (Wellsford Real Properties Inc), Employment Agreement (Wellsford Real Properties Inc)
Additional Amount. Whether or not Section 7 is applicable, if If in the opinion of tax counsel selected by the Executive Employee and reasonably accept- able acceptable to the Company, the Executive Employee 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 terminatedCompany) which 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 the Company shall pay the Executive Employee an additional amount (the "Additional Amount") equal to the sum of (i) all taxes payable by the Executive Employee under Section 4999 of the Code with respect to all such excess parachute payments (or otherwise) and the Additional Amount, plus (ii) all federal, state and local income taxes payable by Executive Employee with respect to the Additional Amount. The amounts payable pursuant to this Section 8 8(e) shall be paid by the Company to the Executive Employee within 30 days of the written request therefor made by the ExecutiveEmployee.
Appears in 2 contracts
Samples: Employment Agreement (Projectavision Inc), Employment Agreement (Projectavision Inc)
Additional Amount. Whether or not Section 7 is applicable, if If in the opinion of tax counsel selected by the Executive Employee and reasonably accept- able acceptable to the Company, the Executive Employee 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 terminatedCompany) which constitute 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 the Company shall pay the Executive Employee an additional amount (the "Additional Amount") equal to the sum of (i) all taxes payable by the Executive Employee under Section 4999 of the Code with respect to all such excess parachute payments (or otherwise) and the Additional Amount, plus (ii) all federal, state and local income taxes payable by Executive Employee with respect to the Additional Amount. The amounts payable pursuant to this Section 8 8(E) shall be paid by the Company to the Executive Employee within 30 days of the written request therefor made by the ExecutiveEmployee.
Appears in 2 contracts
Samples: Employment Agreement (NMXS Com Inc), Employment Agreement (NMXS Com Inc)
Additional Amount. Whether or not Section 7 is applicable, if If in the opinion of tax counsel selected by the Executive Employee and reasonably accept- able acceptable to the Company, the Executive Employee 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 terminatedCompany) which constitute 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 the Company shall pay the Executive Employee an additional amount (the "Additional Amount") equal to the sum of (i) all taxes payable by the Executive Employee under Section 4999 of the Code with respect to all such excess parachute payments (or other otherwise) and the Additional Amount, plus (ii) all federal, state and local income taxes payable by Executive Employee with respect to the Additional Amount. The amounts payable pursuant to this Section 8 8.E. shall be paid by the Company to the Executive Employee within 30 days of the written request therefor made by the ExecutiveEmployee.
Appears in 1 contract
Samples: Employment Agreement (NMXS Com Inc)