Additional Limitation. Anything in this Agreement to the contrary notwithstanding, in the event that the amount of any compensation, payment or distribution by the Company to or for the benefit of the Executive, whether paid or payable or distributed or distributable pursuant to the terms of this Agreement or otherwise, calculated in a manner consistent with Section 280G of the Code and the applicable regulations thereunder (the “Severance Payments”), would be subject to the excise tax imposed by Section 4999 of the Code, the following provisions shall apply:
Appears in 21 contracts
Samples: Employment Agreement (Harvest Health & Recreation Inc.), Employment Agreement (Harvest Health & Recreation Inc.), Employment Agreement (Albany Molecular Research Inc)
Additional Limitation. (i) Anything in this Agreement to the contrary notwithstanding, in the event that the amount of any compensation, payment or distribution by the Company to or for the benefit of the Executive, whether paid or payable or distributed or distributable pursuant to the terms of this Agreement or otherwise, calculated in a manner consistent with Section 280G of the Code and the applicable regulations thereunder otherwise (the “Severance Payments”), would be subject to the excise tax imposed by Section 4999 of the Code, the following provisions shall apply:
Appears in 20 contracts
Samples: Executive Employment Agreement (Plug Power Inc), Executive Employment Agreement (Plug Power Inc), Executive Employment Agreement (Plug Power Inc)
Additional Limitation. (a) Anything in this Agreement to the contrary notwithstanding, in the event that the amount of any compensation, payment or distribution by the Company to or for the benefit of the Executive, whether paid or payable or distributed or distributable pursuant to the terms of this Agreement or otherwise, calculated in a manner consistent with Section 280G of the Code and the applicable regulations thereunder otherwise (the “Severance Payments”), would be subject to the excise tax imposed by Section 4999 of the Internal Revenue Code of 1986, as amended (the “Code”), the following provisions shall apply:
Appears in 17 contracts
Samples: Change in Control Agreement (Citrix Systems Inc), Executive Severance Agreement (Plug Power Inc), Executive Severance Agreement (Plug Power Inc)
Additional Limitation. (a) Anything in this Agreement to the contrary notwithstanding, in the event that the amount of any compensation, payment or distribution by the Company to or for the benefit of the Executive, whether paid or payable or distributed or distributable pursuant to the terms of this Agreement or otherwise, calculated in a manner consistent with Section 280G of the Code and the applicable regulations thereunder otherwise (the “Severance Payments”), would be subject to the excise tax imposed by Section 4999 of the Code, the following provisions shall apply:
Appears in 15 contracts
Samples: Severance Agreement (Amn Healthcare Services Inc), Severance Agreement (Amn Healthcare Services Inc), Severance and Non Competition Agreement
Additional Limitation. (i) Anything in this Agreement to the contrary notwithstanding, in the event that the amount of any compensation, payment or distribution by the Company to or for the benefit of the Executive, whether paid or payable or distributed or distributable pursuant to the terms of this Agreement or otherwise, calculated in a manner consistent with Section 280G of the Code and the applicable regulations thereunder (the “Severance Payments”), would be subject to the excise tax imposed by Section 4999 of the Code, the following provisions shall apply:
Appears in 11 contracts
Samples: Employment Agreement (Vericel Corp), Employment Agreement (Vericel Corp), Employment Agreement (Vericel Corp)
Additional Limitation. a. Anything in this Agreement to the contrary notwithstanding, in the event that the amount of any compensation, payment or distribution by the Company to or for the benefit of the Executive, whether paid or payable or distributed or distributable pursuant to the terms of this Agreement or otherwise, calculated in a manner consistent with Section 280G of the Code and the applicable regulations thereunder (the “Severance Payments”), would be subject to the excise tax imposed by Section 4999 of the Code, the following provisions shall apply:
Appears in 9 contracts
Samples: Employment Agreement (Esperion Therapeutics, Inc.), Employment Agreement (Esperion Therapeutics, Inc.), Employment Agreement (Esperion Therapeutics, Inc.)
Additional Limitation. (i) Anything in this Agreement to the contrary notwithstanding, in the event that the amount of any compensation, acceleration, payment or distribution by the Company to or for the benefit of the Executive, whether paid or payable or distributed or distributable pursuant to the terms of this Agreement or otherwise, calculated in a manner consistent with Section 280G of the Code and the applicable regulations thereunder (the “Severance Payments”), would be subject to the excise tax imposed by Section 4999 of the Code, the following provisions shall will apply:
Appears in 8 contracts
Samples: Executive Agreement (Guidewire Software, Inc.), Executive Agreement (Guidewire Software, Inc.), Executive Agreement (Guidewire Software, Inc.)
Additional Limitation. (i) Anything in this Agreement to the contrary notwithstanding, in the event that the amount of any compensation, compensation payment or distribution by the Company to or for the benefit of the Executive, whether paid or payable or distributed or distributable pursuant to the terms of this Agreement or otherwise, calculated in a manner consistent with Section 280G of the Code and the applicable regulations thereunder (the “Severance Payments”), would be subject to the excise tax imposed by Section 4999 of the Code, the following provisions shall apply:
Appears in 6 contracts
Samples: Employment Agreement, Employment Agreement (Brightcove Inc), Employment Agreement (Brightcove Inc)
Additional Limitation. (i) Anything in this Agreement to the contrary notwithstanding, in the event that the amount of any compensation, payment or distribution by the Company Bank to or for the benefit of the Executive, whether paid or payable or distributed or distributable pursuant to the terms of this Agreement or otherwise, calculated in a manner consistent with Section 280G of the Code and the applicable regulations thereunder otherwise (the “Severance Payments”), would be subject to the excise tax imposed by Section 4999 of the Code, Code the following provisions shall apply:
Appears in 4 contracts
Samples: Employment Agreement (Massbank Corp), Employment Agreement (Massbank Corp), Employment Agreement (Massbank Corp)
Additional Limitation. (i) Anything in this Agreement to the contrary notwithstanding, in the event that the amount of any compensation, payment or distribution by the Company to or for the benefit of the Executive, whether paid or payable or distributed or distributable pursuant to the terms of this Agreement or otherwise, calculated in a manner consistent with Section 280G of the Code and the applicable regulations thereunder otherwise (the “"Severance Payments”"), would be subject to the excise tax imposed by Section 4999 of the Code, the following provisions shall apply:
Appears in 3 contracts
Samples: Executive Employment Agreement (Plug Power Inc), Control Agreement (Helicos Biosciences Corp), Executive Employment Agreement (Plug Power Inc)
Additional Limitation. (i) Anything in this Agreement to the contrary notwithstanding, in the event that the amount of any compensation, payment or distribution by the Company to or for the benefit of the Executive, whether paid or payable or distributed or distributable pursuant to the terms of this Agreement or otherwise, calculated in a manner consistent with Section 280G of the Code and the applicable regulations thereunder (the “Severance Payments”), would be subject to the excise tax imposed by Section 4999 of the CodeExcise Tax, the following provisions shall apply:
Appears in 3 contracts
Samples: Employment Agreement (Boston Properties LTD Partnership), Employment Agreement (Boston Properties LTD Partnership), Employment Agreement (Boston Properties Inc)
Additional Limitation. (i) Anything in this Agreement to the contrary notwithstanding, in the event that the amount of any compensation, payment or distribution by the Company Bank to or for the benefit of the Executive, whether paid or payable or distributed or distributable pursuant to the terms of this Agreement or otherwise, calculated in a manner consistent with Section 280G of the Code and the applicable regulations thereunder otherwise (the “"Severance Payments”"), would be subject to the excise tax imposed by Section 4999 of the Code, Code the following provisions shall apply:
Appears in 3 contracts
Samples: Employment Agreement (Massbank Corp), Employment Agreement (Massbank Corp), Employment Agreement (Massbank Corp)
Additional Limitation. (1) Anything in this Agreement to the contrary notwithstanding, in the event that the amount of any compensation, payment or distribution by the Company or an Affiliate to or for the benefit of the Executive, whether paid or payable or distributed or distributable pursuant to the terms of this Agreement or otherwise, calculated in a manner consistent with Section 280G of the Code and the applicable regulations thereunder otherwise (the “Severance Payments”), would be subject to the excise tax imposed by Section 4999 of the Code, the following provisions shall apply:
Appears in 3 contracts
Samples: Severance Protection Agreement (NMS Communications Corp), Severance Protection Agreement (LiveWire Mobile, Inc.), Severance Protection Agreement (NMS Communications Corp)
Additional Limitation. (i) Anything in this Agreement to the contrary notwithstanding, in the event that the amount of any compensation, payment or distribution by the Company Employers to or for the benefit of the Executive, whether paid or payable or distributed or distributable pursuant to the terms of this Agreement or otherwise, calculated in a manner consistent with Section 280G of the Code and the applicable regulations thereunder otherwise (the “"Severance Payments”"), would be subject to the excise tax imposed by Section 4999 of the Code, Code the following provisions shall apply:
Appears in 2 contracts
Samples: Employment Agreement (Massbank Corp), Employment Agreement (Massbank Corp)
Additional Limitation. (i) Anything in this Agreement to the contrary notwithstanding, in the event that the amount of any compensation, payment or distribution by the Company to or for the benefit of the ExecutiveEmployee, whether paid or payable or distributed or distributable pursuant to the terms of this Agreement or otherwise, calculated in a manner consistent with Section 280G of the Code and the applicable regulations thereunder otherwise (the “Severance Payments”), would be subject to the excise tax imposed by Section 4999 of the Code, the following provisions shall apply:
Appears in 2 contracts
Samples: Employment Agreement (Plug Power Inc), Employment Agreement (Plug Power Inc)
Additional Limitation. Anything in this Agreement to the contrary notwithstanding, in the event that the amount of any compensation, payment or distribution by the Company to or for the benefit of the Executive, whether paid or payable or distributed or distributable pursuant to the terms of this Agreement or otherwise, calculated in a manner consistent with Section 280G of the Internal Revenue Code of 1986, as amended (the “Code”) and the applicable regulations thereunder (the “Severance Payments”), would be subject to the excise tax imposed by Section 4999 of the Code, the following provisions shall apply:
Appears in 1 contract
Additional Limitation. Anything in this Agreement to the contrary notwithstanding, ,in the event that the amount of any compensation, payment or distribution by the Company to or for the benefit of the Executive, whether paid or payable or distributed or distributable pursuant to the terms of this Agreement or otherwise, calculated in a manner consistent with Section 280G of the Code and the applicable regulations thereunder (the “Severance Payments”), would be subject to the excise tax imposed by Section 4999 of the Code, the following provisions shall apply:
Appears in 1 contract
Samples: Employment Agreement (Albany Molecular Research Inc)
Additional Limitation. (a) Anything in this Agreement to the contrary notwithstanding, in the event that the amount of any compensation, payment or distribution by the Company to or for the benefit of the Executive, whether paid or payable or distributed or distributable pursuant to the terms of this Agreement or otherwise, calculated in a manner consistent with Section 280G 2800 of the Code and the applicable regulations thereunder (the “"Severance Payments”"), would be subject to the excise tax imposed by Section 4999 of the Code, the following provisions shall apply:
Appears in 1 contract
Additional Limitation. (a) Anything in this Agreement to the contrary notwithstanding, in the event that the amount of any compensation, payment or distribution by the Company to or for the benefit of the Executive, whether paid or payable or distributed or distributable pursuant to the terms of this Agreement or otherwise, calculated in a manner consistent with Section 280G of the Code and the applicable regulations thereunder otherwise (the “Severance Payments”), would be subject to the excise tax imposed by Section 4999 of the Code, the following provisions shall apply:
Appears in 1 contract
Samples: Equity Award Grant Agreement (Quick Med Technologies Inc)
Additional Limitation. (a) Anything in this Agreement to the contrary notwithstanding, in the event that the amount of any compensation, acceleration, payment or distribution by the Company to or for the benefit of the Executive, whether paid or payable or distributed or distributable pursuant to the terms of this Agreement or otherwise, calculated in a manner consistent with Section 280G of the Code and the applicable regulations thereunder (the “Severance Payments”), would be subject to the excise tax imposed by Section 4999 of the Code, the following provisions shall will apply:
Appears in 1 contract
Additional Limitation. (a) Anything in this Agreement to the contrary notwithstanding, in the event that the amount of any compensation, payment or distribution by the Company to or for the benefit of the Executive, whether paid or payable or distributed or distributable pursuant to the terms of this Agreement or otherwise, calculated in a manner consistent with Section 280G of the Code Code, and the applicable regulations thereunder (the “Severance Aggregate Payments”), would be subject to the excise tax imposed by Section 4999 of the Code, then the following provisions Aggregate Payments shall applybe reduced Executive Employment Agreement Executive Initials:____
Appears in 1 contract
Additional Limitation. (a) Anything in this Agreement to the contrary notwithstanding, in the event that the amount of any compensation, payment or distribution by the Company to or for the benefit of the Executive, whether paid or payable or distributed or distributable pursuant to the terms of this Agreement or otherwise, calculated in a manner consistent with Section 280G of the Code and the applicable regulations thereunder otherwise (the “"Severance Payments”"), would be subject to the excise tax imposed by Section 4999 of the Code, the following provisions shall apply:
Appears in 1 contract
Additional Limitation. (A) Anything in this Agreement to the contrary notwithstanding, in the event that the amount of any compensation, payment or distribution by the Company Employer or the Holding Companies to or for the benefit of the Executive, whether paid or payable or distributed or distributable pursuant to the terms of this Agreement or otherwise, calculated in a manner consistent with Section 280G of the Code and the applicable regulations thereunder otherwise (the “Severance Payments”), would be subject to the excise tax imposed by Section 4999 of the Code, the following provisions shall apply:
Appears in 1 contract
Additional Limitation. (i) Anything in this Agreement to the contrary notwithstanding, in the event that the amount of any compensation, acceleration, payment or distribution by the Company to or for the benefit of the Executive, whether paid or payable or distributed or distributable pursuant to the terms of this Agreement or otherwise, calculated in a manner consistent with Section 280G of the Code and the applicable regulations thereunder (the “‘Severance Payments”’), would be subject to the excise tax imposed by Section 4999 of the Code, the following provisions shall will apply:
Appears in 1 contract
Samples: Employment Agreement (Eloqua, Inc.)
Additional Limitation. (1) Anything in this Agreement to the contrary notwithstanding, in the event that the amount of any compensation, payment or distribution by the Company to or for the benefit of the Executive, whether paid or payable or distributed or distributable pursuant to the terms of this Agreement or otherwise, calculated in a manner consistent with Section 280G of the Code and the applicable regulations thereunder (the “Severance Payments”), would be subject to the excise tax imposed by Section 4999 of the Code, the following provisions shall apply:
Appears in 1 contract
Samples: Employment Agreement (uniQure N.V.)
Additional Limitation. Anything (i)Anything in this Agreement to the contrary notwithstanding, in the event that the amount of any compensation, payment or distribution by the Company to or for the benefit of the Executive, whether paid or payable or distributed or distributable pursuant to the terms of this Agreement or otherwise, calculated in a manner consistent with Section 280G of the Code and the applicable regulations thereunder otherwise (the “Severance Payments”), would be subject to the excise tax imposed by Section 4999 of the Code, the following provisions shall apply:
Appears in 1 contract
Additional Limitation. (a) Anything in this Agreement to the contrary notwithstanding, in the event that the amount of any compensation, payment or distribution by the Company to or for the benefit of the Executive, whether paid or payable or distributed or distributable pursuant to the terms of this Agreement or otherwise, calculated in a manner consistent with Section 280G of the Code Code, and the applicable regulations thereunder (the “Severance Aggregate Payments”), would be subject to the excise tax imposed by Section 4999 of the Code, then the following provisions Aggregate Payments shall apply:be
Appears in 1 contract