Entitlement to Refund. If, after the receipt by the Executive of an amount advanced by the Company pursuant to Section 8.3, the Executive becomes entitled to receive any refund with respect to such claim, the Executive shall promptly pay to the Company the amount of such refund (together with any interest paid or credited thereon after taxes applicable thereto). If, after the receipt by the Executive of an amount advanced by the Company pursuant to Section 8.3, a determination is made that the Executive shall not be entitled to any refund with respect to such claim and the Company does not notify the Executive in writing of its intent to contest such denial of refund prior to the expiration of 30 days after such determination, then such advance shall be forgiven and shall not be required to be repaid and the amount of such advance shall offset, to the extent thereof, the amount of Gross-Up Payment required to be paid.
Appears in 5 contracts
Samples: Employment Agreement (EnerSys), Employment Agreement (EnerSys), Employment Agreement (EnerSys)
Entitlement to Refund. If, after the receipt by the Executive of an amount advanced by the Company Employer pursuant to Section 8.317.3, the Executive becomes entitled to receive any refund with respect to such claim, the Executive shall promptly pay to the Company Employer the amount of such refund (together with any interest paid or credited thereon after taxes applicable thereto). If, after the receipt by the Executive of an amount advanced by the Company Employer pursuant to Section 8.317.3, a determination is made that the Executive shall not be entitled to any refund with respect to such claim and the Company Employer does not notify the Executive in writing of its intent to contest such denial of refund prior to the expiration of 30 days after such determination, then such advance shall be forgiven and shall not be required to be repaid and the amount of such advance shall offset, to the extent thereof, the amount of Gross-Up Payment required to be paid.. 18 Amendments to Agreement, Applicable Law, Jurisdiction
Appears in 2 contracts
Samples: Employment Agreement, Employment Agreement (EnerSys)
Entitlement to Refund. If, after the receipt by the Executive Director of an amount advanced by the Company pursuant to Section 8.36.3, the Executive Director becomes entitled to receive any refund with respect to such claim, the Executive Director shall promptly pay to the Company the amount of such refund (together with any interest paid or credited thereon after taxes applicable thereto). If, after the receipt by the Executive Director of an amount advanced by the Company pursuant to Section 8.36.3, a determination is made that the Executive Director shall not be entitled to any refund with respect to such claim and the Company does not notify the Executive Director in writing of its intent to contest such denial of refund prior to the expiration of 30 days after such determination, then such advance shall be forgiven and shall not be required to be repaid and the amount of such advance shall offset, to the extent thereof, the amount of Gross-Up Payment required to be paid.
Appears in 1 contract
Samples: Directorship Agreement (EnerSys)