Determination of Gross-Up. (A) Except as provided in Section 13(b)(iii), the determination that a Payment is subject to an Excise Tax shall be made in writing by the principal certified public accounting firm then retained by the Company to audit its annual financial statements (the "Accounting Firm"). Such determination shall include the amount of the Gross-Up Payment and detailed computations thereof, including any assumptions used in such computations. Any determination by the Accounting Firm will be binding on the Company and Executive.
Appears in 5 contracts
Samples: Employment Agreement (Molina Healthcare Inc), Employment Agreement (Molina Healthcare Inc), Employment Agreement (Molina Healthcare Inc)
Determination of Gross-Up. (Aa) Except as provided in Section 13(b)(iii)1.3, the determination that a Payment is subject to an Excise Tax shall be made in writing by the principal certified public a nationally recognized accounting firm then retained or executive compensation consulting firm selected by the Company to audit its annual financial statements (the "“Accounting Firm"”). Such determination shall include the amount of the Gross-Up Payment and detailed computations thereof, including any assumptions used in such computations. Any determination by the Accounting Firm will be binding on the Company and the Executive.
Appears in 4 contracts
Samples: Employment Agreement (Qlogic Corp), Change in Control Severance Agreement (Qlogic Corp), Qlogic Corporation Change in Control Severance Agreement (Qlogic Corp)
Determination of Gross-Up. (A) Except as provided in Section 13(b)(iii), the determination that a Payment is subject to an Excise Tax shall be made in writing by the principal certified public accounting firm then retained by the Company to audit its annual financial statements (the "“Accounting Firm"”). Such determination shall include the amount of the Gross-Up Payment and detailed computations thereof, including any assumptions used in such computations. Any determination by the Accounting Firm will be binding on the Company and Executive.
Appears in 3 contracts
Samples: Employment Agreement (Molina Healthcare Inc), Employment Agreement (Molina Healthcare Inc), Employment Agreement (Molina Healthcare Inc)
Determination of Gross-Up. (Aa) Except as provided in Section 13(b)(iii)1.3, the determination that a Payment is subject to an Excise Tax shall be made in writing by the principal certified public accounting firm then retained by the Company MSC to audit its annual financial statements (the "“Accounting Firm"”). Such determination shall include the amount of the Gross-Up Payment and detailed computations thereof, including any assumptions used in such computations. Any determination by the Accounting Firm will be binding on the Company MSC and ExecutiveXxxxxx.
Appears in 2 contracts
Samples: Employment Agreement (MSC Software Corp), Employment Agreement (MSC Software Corp)
Determination of Gross-Up. (Ai) Except as provided in Section 13(b)(iii6(c), the determination that a Payment is subject to an Excise Tax shall will be made in writing by the principal certified a nationally recognized public accounting firm then retained by mutually agreeable to the Company to audit its annual financial statements and Executive (the "Accounting Firm"). Such determination shall will include the amount of the Gross-Up Payment and detailed computations thereof, including any assumptions used in such computations. Any determination by the Accounting Firm will be binding on the Company and Executive.
Appears in 2 contracts
Samples: Employment Agreement (Zale Corp), Employment Agreement (Zale Corp)
Determination of Gross-Up. (Aa) Except as provided in Section 13(b)(iii)1.3, the determination that a Payment is subject to an Excise Tax shall be made in writing by the principal certified public accounting firm then retained by the Company to audit its annual financial statements (the "“Accounting Firm"”). Such determination shall include the amount of the Gross-Up Payment and detailed computations thereof, including any assumptions used in such computations. Any determination by the Accounting Firm will be binding on the Company and the Executive.
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Determination of Gross-Up. (Aa) Except as provided in Section 13(b)(iii)1.3, the determination that a Payment is subject to an Excise Tax shall be made in writing by the principal certified public accounting firm then retained by the Company Corporation to audit its annual financial statements (the "“Accounting Firm"”). Such determination shall include the amount of the Gross-Up Payment and detailed computations thereof, including any assumptions used in such computations. Any determination by the Accounting Firm will be binding on the Company Corporation and the Executive.
Appears in 1 contract
