Deferral of Payments. To the extent that any payment under this Agreement, when combined with all other payments received during the year that are subject to the limitations on deductibility under Section 162(m) of the Code, exceeds the limitations on deductibility under Section 162(m) of the Code, such payment will, in the discretion of the Bank, be deferred to the next succeeding calendar year. Such deferred amounts will be paid no later than the 60th day after the end of such next succeeding calendar year, provided that such payment, when combined with any other payments subject to the Section 162(m) limitations received during the year, does not exceed the limitations on deductibility under Section 162(m) of the Code.
Appears in 11 contracts
Samples: Separation Benefits Agreement (Tower Bancorp Inc), Change of Control, Non Compete and Non Disclosure Agreement (First Chester County Corp), Change of Control, Non Compete and Non Disclosure Agreement (First Chester County Corp)
Deferral of Payments. To the extent that any payment under this Agreement, when combined with all other payments received during the year that are subject to the limitations on deductibility under Section 162(m) of the Code, exceeds the limitations on deductibility under Section 162(m) of the Code, such payment will, in the discretion of the BankinTEST, be deferred to the next succeeding calendar year. Such deferred amounts will be paid no later than the 60th day after the end of such next succeeding calendar year, provided that such payment, when combined with any other payments subject to the Section 162(m) limitations received during the year, does not exceed the limitations on deductibility under Section 162(m) of the Code.
Appears in 6 contracts
Samples: Change of Control Agreement (Intest Corp), Change of Control Agreement (Intest Corp), Change of Control Agreement (Intest Corp)
Deferral of Payments. To the extent that any payment under this Agreement, when combined with all other payments received during the year that are subject to the limitations on deductibility under Section 162(m) of the Code, exceeds the limitations on deductibility under Section 162(m) of the Code, such payment willshall, in the discretion of the BankCerprobe, be deferred to the next succeeding calendar year. Such deferred amounts will shall be paid no later than the 60th day after the end of such next succeeding calendar year, provided that such payment, when combined with any other payments subject to the Section 162(m) limitations received during the year, does not exceed the limitations on deductibility under Section 162(m) of the Code.
Appears in 4 contracts
Samples: Change of Control Agreement (Cerprobe Corp), Change of Control Agreement (Cerprobe Corp), Change of Control Agreement (Cerprobe Corp)
Deferral of Payments. To the extent that any payment under this Agreement, when combined with all other payments received during the year that are subject to the limitations on deductibility under Section 162(m) of the Code, exceeds the limitations on deductibility under Section 162(m) of the Code, such payment willshall, in the discretion of the BankMeritage, be deferred to the next succeeding calendar year. Such deferred amounts will shall be paid no later than the 60th day after the end of such next succeeding calendar year, provided that such payment, when combined with any other payments subject to the Section 162(m) limitations received during the year, does not exceed the limitations on deductibility under Section 162(m) of the Code.
Appears in 4 contracts
Samples: Change of Control Agreement (Meritage Corp), Change of Control Agreement (Meritage Corp), Change of Control Agreement (Meritage Corp)
Deferral of Payments. To the extent that any payment under this Agreement, when combined with all other payments received during the year that are subject to the limitations on deductibility under Section 162(m) of the Code, exceeds the limitations on deductibility under Section 162(m) of the Code, such payment willshall, in the discretion of the BankRural/Metro, be deferred to the next succeeding calendar year. Such deferred amounts will shall be paid no later than the 60th day after the end of such next succeeding calendar year, provided that such payment, when combined with any other payments subject to the Section 162(m) limitations received during the year, does not exceed the limitations on deductibility under Section 162(m) of the Code.
Appears in 4 contracts
Samples: Change of Control Agreement (Rural/Metro Corp /De/), Change of Control Agreement (Rural Metro Corp /De/), Change of Control Agreement (Rural Metro Corp /De/)
Deferral of Payments. To the extent that any payment under this Agreement, when combined with all other payments received during the year that are subject to the limitations on deductibility under Section 162(m) of the Code, exceeds the limitations on deductibility under Section 162(m) of the Code, such payment willshall, in the discretion of the BankCompany, be deferred to the next succeeding calendar year. Such deferred amounts will shall be paid no later than the 60th day after the end of such next succeeding calendar year, provided that such payment, when combined with any other payments subject to the Section 162(m) limitations received during the year, does not exceed the limitations on deductibility under Section 162(m) of the Code.
Appears in 3 contracts
Samples: Change in Control Agreement (Accuride Corp), Change in Control Agreement (Accuride Corp), Change in Control Agreement (Accuride Corp)
Deferral of Payments. To the extent that any payment under this Agreement, when combined with all other payments received during the year that are subject to the limitations on deductibility under Section 162(m) of the Code, exceeds the limitations on deductibility under Section 162(m) of the Code, such payment will, in the discretion of the BankCompany, be deferred to the next succeeding calendar year. Such deferred amounts will be paid no later than the 60th day after the end of such next succeeding calendar year, provided that such payment, when combined with any other payments subject to the Section 162(m) limitations received during the year, does not exceed the limitations on deductibility under Section 162(m) of the Code. If you would like to participate in this special benefits program, please sign and return the extra copy of this letter which is enclosed.
Appears in 1 contract
Samples: Change of Control Agreement (First Chester County Corp)