Common use of Additional Gross-up Amounts Clause in Contracts

Additional Gross-up Amounts. If, despite the initial conclusion --------------------------- of Xxxxxxxx and/or the Executive that certain Payments are neither subject to Excise Taxes nor to be counted in determining whether other Payments are subject to Excise Taxes (any such item, a "Non-Parachute Item"), it is later determined (pursuant to subsequently-enacted provisions of the Code, final regulations or published rulings of the IRS, final IRS determination or judgment of a court of competent jurisdiction or Xxxxxxxx'x independent auditors) that any of the Non- Parachute Items are subject to Excise Taxes, or are to be counted in determining whether any Payments are subject to Excise Taxes, with the result that the amount of Excise Taxes payable by the Executive is greater than the amount determined by Xxxxxxxx or the Executive pursuant to Paragraph 7(h) or Paragraph 7(i), as applicable, then Xxxxxxxx shall pay the Executive an amount (which shall also be deemed a Gross-up Payment) equal to the product of:

Additional Gross-up Amounts. If, despite the initial conclusion --------------------------- of Xxxxxxxx and/or the Executive that certain Payments are neither subject to Excise Taxes nor to be counted in determining whether other Payments are subject to Excise Taxes (any such item, a "Non-Parachute Item"), it is later determined (pursuant to subsequently-enacted provisions of the Code, final regulations or published rulings of the IRS, final IRS determination or judgment of a court of competent jurisdiction or Xxxxxxxx'x independent auditors) that any of the Non- Non-Parachute Items are subject to Excise Taxes, or are to be counted in determining whether any Payments are subject to Excise Taxes, with the result that the amount of Excise Taxes payable by the Executive is greater than the amount determined by Xxxxxxxx or the Executive pursuant to Paragraph 7(h) or Paragraph 7(i), as applicable, then Xxxxxxxx shall pay the Executive an amount (which shall also be deemed a Gross-up Payment) equal to the product of:

Additional Gross-up Amounts. If, despite the initial conclusion --------------------------- of Xxxxxxxx Stilwell and/or the Executive that certain Payments are neither subject to Excise xx Xxxxxe Taxes nor to be counted in determining whether other Payments are subject to Excise Taxes (any such item, a "Non-Parachute Item"), it is later determined (pursuant to subsequently-enacted provisions of the Code, final regulations or published rulings of the Internal Revenue Service (the "IRS"), final IRS determination or judgment of a court of competent jurisdiction or Xxxxxxxx'x Stilwell's independent auditors) that any of the Non- Non-Parachute Items are subject xxx xxxxxct to Excise Taxes, or are to be counted in determining whether any Payments are subject to Excise Taxes, with the result that the amount of Excise Taxes payable by the Executive is greater than the amount determined by Xxxxxxxx Stilwell or the Executive pursuant to Paragraph 7(h) or Paragraph 7(i), as applicablexx xxxxxcable, then Xxxxxxxx Stilwell shall pay the Executive an amount (which shall also be deemed a GrossXxxxx-up xp Payment) equal to the product of:

Additional Gross-up Amounts. If, despite the initial conclusion --------------------------- of Xxxxxxxx Stilwell and/or the Executive that certain Payments certxxx Xxxxents are neither subject to Excise Taxes nor to be counted in determining whether other Payments are subject to Excise Taxes (any such item, a "Non-Parachute Item"), it is later determined (pursuant to subsequently-enacted provisions of the Code, final regulations or published rulings of the IRS, final IRS determination or judgment of a court of competent jurisdiction or Xxxxxxxx'x Stilwell's independent auditors) that any of the Non- axx xx xxx Non-Parachute Items are subject to Excise Taxes, or are to be counted in determining whether any Payments are subject to Excise Taxes, with the result that the amount of Excise Taxes payable by the Executive is greater than the amount determined by Xxxxxxxx Stilwell or the Executive pursuant to Paragraph Pxxxxxxxx 7(h) or Paragraph 7(i), as applicable, then Xxxxxxxx Stilwell shall pay the Executive an amount amoxxx (which xxxch shall also be deemed a Gross-up Payment) equal to the product of:

Additional Gross-up Amounts. If, despite the initial conclusion --------------------------- of Xxxxxxxx KCSL and/or the Executive that certain Payments are neither subject to Excise Taxes nor to be counted in determining whether other Payments are subject to Excise Taxes (any such item, a "Non-Parachute Item"), it is later determined (pursuant to subsequently-subsequently- enacted provisions of the Code, final regulations or published rulings of the IRS, final IRS determination or judgment of a court of competent jurisdiction or Xxxxxxxx'x KCSL's independent auditors) that any of the Non- Non-Parachute Items are subject to Excise Taxes, or are to be counted in determining whether any Payments are subject to Excise Taxes, with the result that the amount of Excise Taxes payable by the Executive is greater than the amount determined by Xxxxxxxx KCSL or the Executive pursuant to Paragraph 7(h) or Paragraph 7(i), as applicable, then Xxxxxxxx KCSL shall pay the Executive an amount (which shall also be deemed a Gross-up Payment) equal to the product of:

Additional Gross-up Amounts. If, despite the initial conclusion --------------------------- of Xxxxxxxx Stilwell and/or the Executive that certain Payments are neither subject to Excise xx Xxxxse Taxes nor to be counted in determining whether other Payments are subject to Excise Taxes (any such item, a "Non-Parachute Item"), it is later determined (pursuant to subsequently-enacted provisions of the Code, final regulations or published rulings of the Internal Revenue Service (the "IRS"), final IRS determination or judgment of a court of competent jurisdiction or Xxxxxxxx'x Stilwell's independent auditors) that any of the Non- Non-Parachute Items are subject Itemx xxx xxxxect to Excise Taxes, or are to be counted in determining whether any Payments are subject to Excise Taxes, with the result that the amount of Excise Taxes payable by the Executive is greater than the amount determined by Xxxxxxxx Stilwell or the Executive pursuant to Paragraph 7(h) or Paragraph 7(i), as applicablexx xxxxicable, then Xxxxxxxx Stilwell shall pay the Executive an amount (which shall also be deemed a Grossx Xxxxx-up Payment) equal to the product of:

Additional Gross-up Amounts. If, despite the initial conclusion --------------------------- of Xxxxxxxx and/or the Executive that certain Payments are neither subject to Excise Taxes nor to be counted in determining whether other Payments are subject to Excise Taxes (any such item, a "Non-Parachute Item"), it is later determined (pursuant to subsequently-enacted provisions of the Code, final regulations or published rulings of the Internal Revenue Service (the "IRS"), final IRS determination or judgment of a court of competent jurisdiction or Xxxxxxxx'x independent auditors) that any of the Non- Non-Parachute Items are subject to Excise Taxes, or are to be counted in determining whether any Payments are subject to Excise Taxes, with the result that the amount of Excise Taxes payable by the Executive is greater than the amount determined by Xxxxxxxx or the Executive pursuant to Paragraph 7(h) or Paragraph 7(i), as applicable, then Xxxxxxxx shall pay the Executive an amount (which shall also be deemed a Gross-up Payment) equal to the product of: