Common use of Benefit Limitation Clause in Contracts

Benefit Limitation. (a) In the event it is determined that the Total Payments (as defined below) to be made to the Executive would otherwise exceed the amount (the “Safe Harbor Amount”) that could be received by the Executive without the imposition of an excise tax under Section 4999 of the Internal Revenue Code of 1986, as amended (the “Code”), then the Total Payments shall be reduced to the extent, and only to the extent, necessary to assure that their aggregate present value, as determined in accordance the applicable provisions of Code Section 280G and the regulations thereunder, does not exceed the greater of the following dollar amounts (the “Benefit Limit”):

Benefit Limitation. (a) In the event it is determined that the Total Payments (as defined below) to be made to the Executive would otherwise exceed the amount (the “Safe Harbor Amount”) that could be received by the Executive without the imposition of an excise tax under Section 4999 of the Internal Revenue Code of 1986, as amended (the “CodeSafe Harbor Amount”), then the those Total Payments shall be reduced to the extent, and only to the extent, necessary to assure that their aggregate present value, as determined in accordance with the applicable provisions of Code Section 280G and the regulations Treasury Regulations thereunder, does not exceed the greater of the following dollar amounts (the “Benefit Limit”):

Benefit Limitation. (a) In the event it is determined that the Total Payments (as defined below) to be made to the Executive would otherwise exceed the amount (the “Safe Harbor Amount”) that could be received by the Executive without the imposition of an excise tax under Section 4999 of the Internal Revenue Code of 1986, as amended (the “Code”), then the those Total Payments shall be reduced to the extent, and only to the extent, necessary to assure that their aggregate present value, as determined in accordance the applicable provisions of Code Section 280G and the regulations Treasury Regulations thereunder, does not exceed the greater of the following dollar amounts (the “Benefit Limit”):

Benefit Limitation. (a) In the event it is determined that the Total Payments (as defined below) to be made to the Executive would otherwise exceed the amount (the “Safe Harbor Amount”) that could be received by the Executive without the imposition of an excise tax under Section 4999 of the Internal Revenue Code of 1986, as amended (the “CodeSafe Harbor Amount”), then the those Total Payments shall be reduced to the extent, and only to the extent, necessary to assure that their aggregate present value, as determined in accordance the applicable provisions of Code Section 280G and the regulations Treasury Regulations thereunder, does not exceed the greater of the following dollar amounts (the “Benefit Limit”):