Common use of Certain Additional Payments by Company Clause in Contracts

Certain Additional Payments by Company. 19.1 Anything in this Agreement to the contrary notwithstanding, in the event it shall be determined that any payment or distribution by Company or any of its affiliates to or for the benefit of Employee, whether paid or payable or distributed or distributable pursuant to the terms of this Agreement or otherwise (any such payments or distributions being individually referred to herein as a "Payment," and any two or more of such payments or distributions being referred to herein as "Payments"), would be subject to the excise tax imposed by Section 4999 of the Internal Revenue Code of 1986, as amended (the "Code") (such excise tax, together with any interest thereon, any penalties, additions to tax, or additional amounts with respect to such excise tax, and any interest in respect of such penalties, additions to tax or additional amounts, being collectively referred herein to as the "Excise Tax"), then Employee shall be entitled to receive an additional payment or payments (individually referred to herein as a "Gross-Up Payment" and any two or more of such additional payments being referred to herein as "Gross-Up Payments") in an amount such that after payment by Employee of all taxes (as defined in paragraph 19.11) imposed upon the Gross-Up Payment, Employee retains an amount of such Gross-Up Payment equal to the Excise Tax imposed upon the Payments.

Certain Additional Payments by Company. 19.1 17.1 Anything in this Agreement to the contrary notwithstanding, in the event it shall be determined that any payment or distribution by Company or any of its affiliates to or for the benefit of Employee, whether paid or payable or distributed or distributable pursuant to the terms of this Agreement or otherwise (any such payments or distributions being individually referred to herein as a "“Payment," ” and any two or more of such payments or distributions being referred to herein as "“Payments"”), would be subject to the excise tax imposed by Section 4999 of the Internal Revenue Code of 1986, as amended (the "“Code"”) (such excise tax, together with any interest thereon, any penalties, additions to tax, or additional amounts with respect to such excise tax, and any interest in respect of such penalties, additions to tax or additional amounts, being collectively referred herein to as the "“Excise Tax"”), then Employee shall be entitled to receive an additional payment or payments (individually referred to herein as a "“Gross-Up Payment" ” and any two or more of such additional payments being referred to herein as "“Gross-Up Payments"”) in an amount such that after payment by Employee of all taxes (as defined in paragraph 19.1117.11) imposed upon the Gross-Up Payment, Employee retains an amount of such Gross-Up Payment equal to the Excise Tax imposed upon the Payments.

Certain Additional Payments by Company. 19.1 17.1 Anything in this Agreement to the contrary notwithstanding, in the event it shall be determined that any payment or distribution by Company or any of its affiliates to or for the benefit of Employee, whether paid or payable or distributed or distributable pursuant to the terms of this Agreement or otherwise (any such payments or distributions being individually referred to herein as a "Payment," and any two or more of such payments or distributions being referred to herein as "Payments"), would be subject to the excise tax imposed by Section 4999 of the Internal Revenue Code of 1986, as amended (the "Code") (such excise tax, together with any interest thereon, any penalties, additions to tax, or additional amounts with respect to such excise tax, and any interest in respect of such penalties, additions to tax or additional amounts, being collectively referred herein to as the "Excise Tax"), then Employee shall be entitled to receive an additional payment or payments (individually referred to herein as a "Gross-Up Payment" and any two or more of such additional payments being referred to herein as "Gross-Up Payments") in an amount such that after payment by Employee of all taxes (as defined in paragraph 19.1117.11) imposed upon the Gross-Up Payment, Employee retains an amount of such Gross-Up Payment equal to the Excise Tax imposed upon the Payments.

Certain Additional Payments by Company. 19.1 (a) Anything in this Agreement to the contrary notwithstanding, in the event it shall be determined that any payment payments, distributions, vestings, accelerations or distribution by Company or any other events constituting "payments" within the meaning of its affiliates to or for the benefit of Employee, whether paid or payable or distributed or distributable pursuant to the terms of this Agreement or otherwise (any such payments or distributions being individually referred to herein as a "Payment," and any two or more of such payments or distributions being referred to herein as "Payments"), would be subject to the excise tax imposed by Section 4999 280G of the Internal Revenue Code of 1986, as amended (the "Code") by Laclede to or for the benefit of Executive (whether paid or payable pursuant to the terms of this Agreement, other Company plans or otherwise, but determined without regard to any additional payments required under this Section 5(a)) ("Total Payments") would be subject to the excise tax imposed by Section 4999 of the Code or any interest or penalties are incurred by Executive with respect to such excise tax (such excise tax, together with any interest thereon, any and penalties, additions to tax, or additional amounts with respect to such excise tax, and any interest in respect of such penalties, additions to tax or additional amounts, being are hereinafter collectively referred herein to as the "Excise Tax"), then Employee the Company shall be entitled pay to receive Executive in cash an additional payment or payments amount (individually referred to herein as a the "Gross-Up Payment" and any two or more of such additional payments being referred to herein as "Gross-Up Payments") which after deduction of (1) any excise tax under Section 4999 thereon; (2) any federal and state income tax thereon; (3) any city earnings tax thereon if Executive resides or works in an amount such that after payment by Employee the City of all taxes St. Louis; and (as defined in paragraph 19.114) imposed upon the Gross-Up Payment, Employee retains an amount Medicare portion of such Gross-Up Payment any FICA tax thereon shall be equal to the Excise Tax imposed upon on such Total Payments. The Gross-Up Payment shall be made by the Payments.Company to Executive as soon as practical following the effective date of the Termination. In making this computation, the following provisions shall apply: