Deductibility of Payments. Except as disclosed in SCHEDULE 4.8, there is no contract, agreement, plan or arrangement covering any present or former employee, director or consultant of the Company or any of its ERISA Affiliates (with respect to his or her relationship with such entities) that, individually or collectively, provides for the payment by the Company of any amount (i) that is not deductible under Section 162(a)(l) or 404 of the Code or (ii) that is an "excess parachute payment" pursuant to Section 280G of the Code.
Appears in 4 contracts
Samples: Securities Purchase Agreement (Insight Health Services Corp), Securities Purchase Agreement (Insight Health Services Corp), Securities Purchase Agreement (Tc Group LLC)