Common use of Adjustments to the Gross-Up Payment Clause in Contracts

Adjustments to the Gross-Up Payment. If, after the receipt by the Executive of an amount advanced by the Company pursuant to Section 15(c), the Executive becomes entitled to receive any refund with respect to such claim, the Executive shall (subject to the Company’s compliance with the requirements of Section 15(c)) promptly pay to the Company the amount of such refund (together with any interest paid or credited thereon after applicable taxes). If, after the receipt by the Executive of an amount advanced by the Company pursuant to Section 15(c), a determination is made that the Executive shall not be entitled to any refund with respect to such claim and such denial of refund occurs prior to the expiration of thirty (30) days after such determination, then such advance shall be forgiven and shall not be required to be repaid and the amount of such advance shall offset, to the extent thereof, the amount of the Gross-Up Payment required to be paid.

Appears in 13 contracts

Samples: Employment Agreement (NEBS Bancshares, Inc.), Agreement (Chicopee Bancorp, Inc.), Employment Agreement (Yardville National Bancorp)

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Adjustments to the Gross-Up Payment. If, after the receipt by the Executive of an amount advanced by the Company pursuant to Section 15(c4(c), the Executive becomes entitled to receive any refund with respect to such claim, the Executive shall (subject to the Company’s compliance with the requirements of Section 15(c4(c)) promptly pay to the Company the amount of such refund (together with any interest paid or credited thereon after applicable taxes). If, after the receipt by the Executive of an amount advanced by the Company pursuant to Section 15(c4(c), a determination is made that the Executive shall not be entitled to any refund with respect to such claim and such denial of refund occurs prior to the expiration of thirty (30) days after such determination, then such advance shall be forgiven and shall not be required to be repaid and the amount of such advance shall offset, to the extent thereof, the amount of the Gross-Up Payment required to be paid.

Appears in 6 contracts

Samples: Change in Control Agreement (Berkshire Hills Bancorp Inc), Change in Control Agreement (Berkshire Hills Bancorp Inc), Change in Control Agreement (Berkshire Hills Bancorp Inc)

Adjustments to the Gross-Up Payment. If, after the receipt by the Executive of an amount advanced by the Company pursuant to Section 15(c14(c), the Executive becomes entitled to receive any refund with respect to such claim, the Executive shall (subject to the Company’s compliance 's complying with the requirements of Section 15(c14(c)) promptly pay to the Company the amount of such refund (together with any interest paid or credited thereon after applicable taxes). If, after the receipt by the Executive of an amount advanced by the Company pursuant to Section 15(c14(c), a determination is made that the Executive shall not be entitled to any refund with respect to such claim and such denial of refund occurs prior to the expiration of thirty (30) days after such determination, then such advance shall be forgiven and shall not be required to be repaid and the amount of such advance shall offset, to the extent thereof, the amount of the Gross-Up Payment required to be paidPayment.

Appears in 5 contracts

Samples: Employment Agreement (Coastal Financial Corp /De), Employment Agreement (Coastal Financial Corp /De), Employment Agreement (Coastal Financial Corp /De)

Adjustments to the Gross-Up Payment. If, after the receipt by the Executive of an amount advanced by the Company pursuant to Section 15(c14(c), the Executive becomes entitled to receive any refund with respect to such claim, the Executive shall (subject to the Company’s compliance complying with the requirements of Section 15(c14(c)) promptly pay to the Company the amount of such refund (together with any interest paid or credited thereon after taxes applicable taxesthereto). If, after the receipt by the Executive of an amount advanced by the Company pursuant to Section 15(c14(c), a determination is made that the Executive shall not be entitled to any refund with respect to such claim and such denial of refund occurs prior to the expiration of thirty (30) days after such determination, then such advance shall be forgiven and shall not be required to be repaid and the amount of such advance shall offset, to the extent thereof, the amount of the Gross-Up Payment required to be paid.

Appears in 4 contracts

Samples: Employment Agreement (Union Financial Bancshares Inc), Employment Agreement (Union Financial Bancshares Inc), Employment Agreement (Union Financial Bancshares Inc)

Adjustments to the Gross-Up Payment. If, after the receipt by the Executive of an amount advanced by the Company Bank pursuant to Section 15(c2.4.3(c), the Executive becomes entitled to receive any refund with respect to such claim, the Executive shall (subject to the CompanyBank’s compliance complying with the requirements of Section 15(c)2.4.3(c) promptly pay to the Company Bank the amount of such refund (together with any interest paid or credited thereon after taxes applicable taxesthereto within 30 days). If, after the receipt by the Executive of an amount advanced by the Company Bank pursuant to Section 15(c2.4.3(c), a determination is made that the Executive shall not be entitled to any refund with respect to such claim and such denial of refund occurs prior to the expiration of thirty (30) 30 days after such determination, then such advance shall be forgiven and shall not be required to be repaid and the amount of such advance shall offset, to the extent thereof, the amount of the Gross-Up Payment required to be paid.

Appears in 3 contracts

Samples: Supplemental Employee Retirement Agreement (Territorial Bancorp Inc.), Supplemental Employee Retirement Agreement (Territorial Bancorp Inc.), Supplemental Employee Retirement Agreement (Territorial Bancorp Inc.)

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Adjustments to the Gross-Up Payment. If, after the receipt by the Executive of an amount advanced by the Holding Company pursuant to Section 15(c4(c), the Executive becomes entitled to receive any refund with respect to such claim, the Executive shall (subject to the Holding Company’s compliance with the requirements of Section 15(c4(c)) promptly pay to the Holding Company the amount of such refund (together with any interest paid or credited thereon after applicable taxes). If, after the receipt by the Executive of an amount advanced by the Holding Company pursuant to Section 15(c4(c), a determination is made that the Executive shall not be entitled to any refund with respect to such claim and such denial of refund occurs prior to the expiration of thirty (30) days after such determination, then such advance shall be forgiven and shall not be required to be repaid and the amount of such advance shall offset, to the extent thereof, the amount of the Gross-Up Payment required to be paid.

Appears in 3 contracts

Samples: Year Change in Control Agreement (Berkshire Hills Bancorp Inc), Year Change in Control Agreement (Berkshire Hills Bancorp Inc), Year Change in Control Agreement (Berkshire Hills Bancorp Inc)

Adjustments to the Gross-Up Payment. If, after the receipt by the Executive of an amount advanced by the Holding Company pursuant to Section 15(c4(c), the Executive becomes entitled to receive any refund with respect to such claim, the Executive shall (subject to the Holding Company’s 's compliance with the requirements of Section 15(c4(c)) promptly pay to the Holding Company the amount of such refund (together with any interest paid or credited thereon after applicable taxes). If, after the receipt by the Executive of an amount advanced by the Holding Company pursuant to Section 15(c4(c), a determination is made that the Executive shall not be entitled to any refund with respect to such claim and such denial of refund occurs prior to the expiration of thirty (30) days after such determination, then such advance shall be forgiven and shall not be required to be repaid and the amount of such advance shall offset, to the extent thereof, the amount of the Gross-Up Payment required to be paid.

Appears in 2 contracts

Samples: Control Agreement (Berkshire Hills Bancorp Inc), Control Agreement (Berkshire Hills Bancorp Inc)

Adjustments to the Gross-Up Payment. If, after the receipt by the Executive of an amount advanced by the Company pursuant to Section 15(c), the Executive becomes entitled to receive any refund with respect to such claim, the Executive shall (subject to the Company’s 's compliance with the requirements of Section 15(c)) promptly pay to the Company the amount of such refund (together with any interest paid or credited thereon after applicable taxes). If, after the receipt by the Executive of an amount advanced by the Company pursuant to Section 15(c), a determination is made that the Executive shall not be entitled to any refund with respect to such claim and such denial of refund occurs prior to the expiration of thirty (30) days after such determination, then such advance shall be forgiven and shall not be required to be repaid and the amount of such advance shall offset, to the extent thereof, the amount of the Gross-Up Payment required to be paid.

Appears in 1 contract

Samples: Employment Agreement (New England Bancshares, Inc.)

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