Common use of Calculation by Independent Public Accountants Clause in Contracts

Calculation by Independent Public Accountants. Unless the Company and the Executive otherwise agree in writing, any calculation of the amount of any parachute payments payable or provided to the Executive shall be made in writing in good faith by the Company’s independent public accountants immediately before the Change of Control (the “Accountants”), which shall provide detailed supporting calculations to the Company and the Executive as requested by the Company or the Executive. The Accountants’ conclusions shall be final and binding on the Company and the Executive. For purposes of making such calculations, the Accountants may rely on reasonable, good faith assumptions and approximations concerning the application of Sections 280G and 4999 of the Code. The Company and the Executive shall furnish to the Accountants such information and documents as the Accountants may reasonably request in order to make the calculations and conclusions required by this Section 8. The Company shall bear all fees and expenses the Accountants may charge in connection with these services.

Appears in 7 contracts

Samples: Employment Agreement (Workhorse Group Inc.), Employment Agreement (Workhorse Group Inc.), Employment Agreement (Workhorse Group Inc.)

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Calculation by Independent Public Accountants. Unless the Company and the Executive otherwise agree in writing, any calculation of the amount of any parachute payments payable or provided to the Executive shall be made in writing in good faith by the Company’s independent public accountants immediately before the Change of Control (the “Accountants”), which shall provide detailed supporting calculations to the Company and the Executive as requested by the Company or the Executive. The Accountants’ conclusions shall be final and binding on the Company and the Executive. For purposes of making such calculations, the Accountants may rely on reasonable, good faith assumptions and approximations concerning the application of Sections 280G and 4999 of the Code. The Company and the Executive shall furnish to the Accountants such information and documents as the Accountants may reasonably request in order to make the calculations and conclusions required by this Section 87. The Company shall bear all fees and expenses the Accountants may charge in connection with these services.

Appears in 4 contracts

Samples: Employment Agreement (Workhorse Group Inc.), Employment Agreement (Workhorse Group Inc.), Employment Agreement (Workhorse Group Inc.)

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Calculation by Independent Public Accountants. Unless the Company and the Executive otherwise agree in writing, any calculation of the amount of any parachute payments payable or provided to the Executive shall be made in writing in good faith by the Company’s 's independent public accountants immediately before the Change of Control (the "Accountants"), which shall provide detailed supporting calculations to the Company and the Executive as requested by the Company or the Executive. The Accountants' conclusions shall be final and binding on the Company and the Executive. For purposes of making such calculations, the Accountants may rely on reasonable, good faith assumptions and approximations concerning the application of Sections 280G and 4999 of the Code. The Company and the Executive shall furnish to the Accountants such information and documents as the Accountants may reasonably request in order to make the calculations and conclusions required by this Section 87. The Company shall bear all fees and expenses the Accountants may charge in connection with these services.

Appears in 1 contract

Samples: Employment Agreement (Workhorse Group Inc.)

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