Additional Gross-Up Payment. If it is established pursuant to a final determination of a court or an Internal Revenue Service proceeding or the written opinion of Independent Counsel that the Excise Tax exceeds the amount taken into account hereunder (including by reason of any payment the existence or amount of which cannot be determined at the time of the Gross-Up Payment), the Company shall make an additional Gross-Up Payment in respect of such excess within 30 days of the Company's receipt of notice of such final determination or opinion.
Appears in 18 contracts
Samples: Employment Agreement (Tier Technologies Inc), Employment Agreement (Verizon Communications Inc), Employment Agreement (Verizon Communications Inc)
Additional Gross-Up Payment. If it is established pursuant to a final determination of a court or an Internal Revenue Service proceeding or the written opinion of Independent Counsel that the Excise Tax exceeds the amount taken into account hereunder (including by reason of any payment the existence or amount of which cannot be determined at the time of the Gross-Up Payment), the Company shall make an additional Gross-Up Payment in respect of such excess within 30 days of the Company's ’s receipt of notice of such final determination or opinion.
Appears in 7 contracts
Samples: Change in Control Agreement (United Natural Foods Inc), Employment Agreement (Tier Technologies Inc), Employment Agreement (Tier Technologies Inc)
Additional Gross-Up Payment. If it is established pursuant to a final determination of a court or an Internal Revenue Service proceeding or the written opinion of the Independent Counsel Adviser that the Excise Tax exceeds the amount taken into account hereunder (including by reason of any payment the existence or amount of which cannot be determined at the time of the Gross-Up Payment), the Company shall make an additional Gross-Up Payment in respect of such excess within 30 days of the Company's ’s receipt of notice of such final determination or opinion.
Appears in 5 contracts
Samples: Executive Compensation Agreement (PharmaCyte Biotech, Inc.), Executive Compensation Agreement (PharmaCyte Biotech, Inc.), Employment Agreement (Idearc Inc.)
Additional Gross-Up Payment. If it is established pursuant to a final --------------------------- determination of a court or an Internal Revenue Service proceeding or the written opinion of Independent Counsel that the Excise Tax exceeds the amount taken into account hereunder (including by reason of any payment the existence or amount of which cannot be determined at the time of the Gross-Up Payment), the Company shall make an additional Gross-Up Payment in respect of such excess within 30 days of the Company's receipt of notice of such final determination or opinion.
Appears in 1 contract
