Determinations Shall Be Made by the Accounting Firm. Subject to the provisions of section 5.3(a), all determinations required to be made under this section 5.3(b) – including whether and when a Gross-Up Payment Amount is required, the amount of the Gross-Up Payment Amount and the assumptions to be used to arrive at the determination (collectively, the “Determination”) – shall be made by the Accounting Firm, which shall provide detailed supporting calculations both to the Employer and the Executive within 15 business days after receipt of notice from the Employer or the Executive that there has been a Gross-Up Payment Amount, or such earlier time as is requested by the Employer.
Appears in 22 contracts
Samples: Agreement and Plan of Merger (AB&T Financial CORP), Amended Employment Agreement (Cape Fear Bank CORP), Employment Agreement (Oak Ridge Financial Services, Inc.)
Determinations Shall Be Made by the Accounting Firm. Subject to the provisions of section 5.3(a), all determinations required to be made under this section 5.3(b) – including whether and when a Gross-Up Payment Amount is required, the amount of the Gross-Up Payment Amount Amount, and the assumptions to be used to arrive at the determination (collectively, the “Determination”) – shall be made by the Accounting Firm, which shall provide detailed supporting calculations both to the Employer and the Executive within 15 at least 30 business days after receipt before the date of notice from the Employer or the Executive that there has been a Gross-Up Payment AmountChange in Control, or such earlier time as is requested by the Employer.
Appears in 6 contracts
Samples: Employment Agreement (CenterState Banks, Inc.), Employment Agreement (CenterState Banks, Inc.), Employment Agreement (CenterState Banks, Inc.)
Determinations Shall Be Made by the Accounting Firm. Subject to the provisions of section 5.3(aSection 7.14(a), all determinations required to be made under this section 5.3(bSection 7.14(b) – including whether and when a Gross-Up Payment Amount is required, the amount of the Gross-Up Payment Amount and the assumptions to be used to arrive at the determination (collectively, the “Determination”) – shall be made by the Accounting Firm, which shall provide detailed supporting calculations both to the Employer Bank and the Executive within 15 business days after receipt of notice from the Employer Bank or the Executive that there has been a Gross-Up Payment Amount, or such earlier time as is requested by the EmployerBank.
Appears in 6 contracts
Samples: Salary Continuation Agreement (BNC Bancorp), Salary Continuation Agreement (Midcarolina Financial Corp), Salary Continuation Agreement (Midcarolina Financial Corp)
Determinations Shall Be Made by the Accounting Firm. Subject to the provisions of section 5.3(a7.14(a), all determinations required to be made under this section 5.3(b7.14(b) – including whether and when a Gross-Up Payment Amount is required, the amount of the Gross-Up Payment Amount and the assumptions to be used to arrive at the determination (collectively, the “Determination”) – shall be made by the Accounting Firm, which shall provide detailed supporting calculations both to the Employer Bank and the Executive within 15 business days after receipt of notice from the Employer Bank or the Executive that there has been a Gross-Up Payment Amount, or such earlier time as is requested by the EmployerBank.
Appears in 5 contracts
Samples: Salary Continuation Agreement (1st Financial Services CORP), Salary Continuation Agreement (1st Financial Services CORP), Salary Continuation Agreement (1st Financial Services CORP)
Determinations Shall Be Made by the Accounting Firm. Subject to the provisions of section 5.3(a), all determinations required to be made under this section 5.3(b) – including whether and when a Gross-Up Payment Amount is required, the amount of the Gross-Up Payment Amount and the assumptions to be used to arrive at the determination (collectively, the “Determination”) – shall be made by the Accounting Firm, which shall provide detailed supporting calculations both to the Employer and the Executive within 15 business days after receipt of notice from the Employer or the Executive that there has been a Gross-Up Payment Amount, or such earlier time as is requested by the Employer.. Fees and
Appears in 3 contracts
Samples: Employment Agreement (Tidelands Bancshares Inc), Employment Agreement (Tidelands Bancshares Inc), Employment Agreement (Tidelands Bancshares Inc)
Determinations Shall Be Made by the Accounting Firm. Subject to the provisions of section 5.3(aParagraph 8(i)(a), all determinations required to be made under this section 5.3(bParagraph 8(i)(b) – including whether and when a Gross-Up Payment Amount is required, the amount of the Gross-Up Payment Amount and the assumptions to be used to arrive at the determination (collectively, the “Determination”) – shall be made by the Accounting Firm, which shall provide detailed supporting calculations both to the Employer Bank and the Executive Officer within 15 business days after receipt of notice from the Employer Bank or the Executive Officer that there has been a Gross-Up Payment Amount, or such earlier time as is requested by the EmployerBank.
Appears in 1 contract
Samples: Employment Agreement (Oak Ridge Financial Services, Inc.)