Executive Compensation Tax. Except as set forth in Section 2.11(c) of the Disclosure Schedule, there is no contract, agreement, plan or arrangement to which the Company is a party, including the provisions of this Agreement, covering any individual, which, individually or collectively, could give rise to the payment of any amount that would not be deductible pursuant to Sections 280G of the Code.
Appears in 1 contract
Samples: Agreement and Plan of Merger (API Technologies Corp.)
Executive Compensation Tax. Except as set forth in on Section 2.11(c2.10(c) of the Disclosure Schedule, there is no contract, agreement, plan or arrangement to which the Company is a party, including including, without limitation, the provisions of this Agreement, covering any individualEmployee of the Company, which, individually or collectively, could give rise to the payment of any amount that would not be deductible pursuant to Sections 280G or 404 of the Code or that would give rise to a penalty under Section 409A of the Code.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Nuance Communications, Inc.)
Executive Compensation Tax. Except as set forth in Section 2.11(c2.12(c) of the Disclosure Schedule, there is no contract, agreement, plan or arrangement to which the Company or any of its Subsidiaries is a party, including the provisions of this Agreement, covering any individualEmployee of the Company or any of its Subsidiaries, which, individually or collectively, could give rise to the payment of any amount that would not be deductible pursuant to Sections 280G G, 404 or 162(m) of the Code.
Appears in 1 contract
Executive Compensation Tax. Except as set forth in Section 2.11(c) of the Disclosure Schedule, there is no contract, agreement, plan or arrangement to which the Company or any of its Subsidiaries is a party, including the provisions of this Agreement, covering any individualEmployee of the Company, which, individually or collectively, could give rise to the payment of any amount that would not be deductible pursuant to Sections 280G G, 162(m) or 404 of the Code.
Appears in 1 contract
Samples: Agreement and Plan of Merger (On2 Technologies, Inc.)