Common use of Certain Additional Payments by Company Clause in Contracts

Certain Additional Payments by Company. Notwithstanding anything in this Agreement to the contrary, in the event that Employee becomes entitled to any of the payments or benefits provided under this Section 5 as a result of Employee's resignation for Good Reason pursuant to Section 1.b.(iv) hereinabove or Employee's termination without cause following a Change of Control and such payments or benefits result in Employee being subject to the golden parachute excise tax imposed by Section 4999 of the Internal Revenue Code, the Company shall make such additional payment as will make executive whole for such tax obligation, as set forth in Appendix B, which is incorporated herein by reference.

Appears in 1 contract

Samples: Employment Agreement (JDS Uniphase Corp /Ca/)

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Certain Additional Payments by Company. Notwithstanding anything in this Agreement to the contrary, in the event that Employee becomes entitled to any of the payments or benefits provided under this Section 5 as a result of Employee's ’s resignation for Good Reason pursuant to Section 1.b.(iv1(b)(iv) hereinabove or Employee's ’s termination without cause following a Change of Control and such payments or benefits result in Employee being subject to the golden parachute excise tax imposed by Section 4999 of the Internal Revenue Code, the Company shall make such additional payment as will make executive whole for such tax obligation, as set forth in Appendix BA, which is incorporated herein by reference.

Appears in 1 contract

Samples: Employment Agreement (JDS Uniphase Corp /Ca/)

Certain Additional Payments by Company. Notwithstanding anything in this Agreement to the contrary, in the event that Employee becomes entitled to any of the payments or benefits provided under this Section 5 as a result of Employee's resignation for Good Reason pursuant to Section 1.b.(iv1(c)(4) hereinabove or Employee's termination without cause following a Change of Control and such payments or benefits result in Employee being subject to the golden parachute excise tax imposed by Section 4999 of the Internal Revenue Code, the Company shall make such additional payment as will make executive whole for such tax obligation, as set forth in Appendix BA, which is incorporated herein by reference.

Appears in 1 contract

Samples: Employment Agreement (JDS Uniphase Corp /Ca/)

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Certain Additional Payments by Company. Notwithstanding anything in this Agreement to the contrary, in the event that Employee becomes entitled to any of the payments or benefits provided under this Section 5 as a result of Employee's ’s resignation for (i) Good Reason pursuant to Section 1.b.(ivor (ii) hereinabove or Employee's ’s termination without cause cause, in each case following a Change of Control Control, and such payments or benefits result in Employee being subject to the golden parachute excise tax imposed by Section 4999 of the Internal Revenue Code, the Company shall make such additional payment as will make executive whole for such tax obligation, as set forth in Appendix BA, which is incorporated herein by reference.

Appears in 1 contract

Samples: Employment Agreement (JDS Uniphase Corp /Ca/)

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