Best Net Benefit Limitation. (A) Anything contained in this Agreement to the contrary notwithstanding, if any of the payments or benefits received or to be received by the Executive (whether pursuant to the terms of this Agreement or any other plan, arrangement or agreement with the Company, any Person whose actions result in a Change in Control or any Person affiliated with the Company or such Person) (all such payments and benefits being hereinafter referred to as the “Total Payments”) will be subject to the Excise Tax, the following provisions shall apply:
Appears in 7 contracts
Samples: Change in Control Severance Agreement, Change in Control Severance Agreement (Mercury Computer Systems Inc), Change in Control Severance Agreement (Mercury Computer Systems Inc)
