Golden Parachute Excise Tax. In the event that the severance and other benefits provided for in this Agreement or otherwise payable to the Employee (i) constitute "parachute payments" within the meaning of Section 280G of the Internal Revenue Code of 1986, as amended (the "Code") and (ii) but for this Section, would be subject to the excise tax imposed by Section 4999 of the Code, then the Employee's severance benefits under this Agreement shall be payable either
Appears in 2 contracts
Samples: Change of Control Severance Agreement (Centillium Communications Inc), Control Severance Agreement (Centillium Communications Inc)
Golden Parachute Excise Tax. In the event that the severance and ---------------------------- other benefits provided for in this Agreement or otherwise payable to the Employee (i) constitute "parachute payments" within the meaning of Section 280G of the Internal Revenue Code of 1986, as amended (the "Code") and (ii) but for this Section, would be subject to the excise tax imposed by Section 4999 of the Code, then the Employee's severance benefits under this Agreement shall be payable either
Appears in 2 contracts
Samples: Control Severance Agreement (Centillium Communications Inc), Control Severance Agreement (Centillium Communications Inc)
Golden Parachute Excise Tax. In the event that the severance and other benefits provided for in this Agreement or otherwise payable to the Employee (i) constitute "“parachute payments" ” within the meaning of Section 280G of the Internal Revenue Code of 1986, as amended (the "“Code"”) and (ii) but for this Section, would be subject to the excise tax imposed by Section 4999 of the Code, then the Employee's ’s severance benefits under this Agreement shall be payable either
Appears in 2 contracts
Samples: Change of Control Severance Agreement (Centillium Communications Inc), Change of Control Severance Agreement (Centillium Communications Inc)
Golden Parachute Excise Tax. In the event that the severance and --------------------------- other benefits provided for in this Agreement or otherwise payable to the Employee (i) constitute "parachute payments" within the meaning of Section 280G of the Internal Revenue Code of 1986, as amended (the "Code") and (ii) but for this Section, would be subject to the excise tax imposed by Section 4999 of the Code, then the Employee's severance benefits under this Agreement shall be payable either
Appears in 1 contract
Samples: Control Severance Agreement (Centillium Communications Inc)
Golden Parachute Excise Tax. In the event that the severance and other Retention Payment or --------------------------- benefits provided for in this Agreement or otherwise payable or provided to the Employee (i) constitute "parachute payments" within the meaning of Section 280G of the Internal Revenue Code of 1986, as amended (the "Code") and (ii) but for this SectionSection 3, would be subject to the excise tax imposed by Section 4999 of the CodeCode (the "Excise Tax"), then the Employee's severance benefits benefit otherwise payable under this Agreement Section 2(a) hereof shall be payable either
Appears in 1 contract
Golden Parachute Excise Tax. In the event that the severance and other benefits provided ---------------------------- for in this Agreement or otherwise payable to the Employee Chairman (i) constitute "parachute payments" within the meaning of Section 280G of the Internal Revenue Code of 1986, as amended (the "Code") and (ii) but for this Section, would be subject to the excise tax imposed by Section 4999 of the Code, then the EmployeeChairman's severance benefits under this Agreement shall be payable either
Appears in 1 contract
Samples: Control Severance Agreement (Centillium Communications Inc)
Golden Parachute Excise Tax. In the event that the severance and other benefits provided for in this Agreement or otherwise payable to the Employee Executive (ia) constitute "“parachute payments" ” within the meaning of Section 280G of the Internal Revenue Code of 1986, as amended (the "Code") and (iib) but for this Section, would be subject to the excise tax imposed by Section 4999 of the Code, then the Employee's severance such benefits under this Agreement shall be payable eithereither be:
Appears in 1 contract
Samples: Severance and Change of Control Agreement (Jaguar Health, Inc.)
Golden Parachute Excise Tax. In the event that the severance compensation, including stock option and other benefits restricted stock proceeds, (the "Total Payments") provided for in this Agreement or otherwise payable or provided to the Employee you: (ia) constitute "parachute payments" within the meaning of Section 280G of the Internal Revenue Code of 1986Code, as amended (the "Code") and (iib) but for this SectionSection 11, would be subject to the excise tax imposed by Section 4999 of the CodeCode (the "Excise Tax"), then the Employee's severance benefits under this Agreement shall your Total Payments will be payable either:
Appears in 1 contract
Samples: Barnes Employment Agreement (Sagent Technology Inc)
Golden Parachute Excise Tax. In the event that the severance and other benefits provided for in Payments an Employee receives pursuant to this Agreement or otherwise payable to the Employee (i“Payment”) may constitute "a “parachute payments" payment” within the meaning of Section 280G of the Internal Revenue Code of 1986, as amended (the "“Code") ”), and (ii) but for this Section, would be subject to the excise tax imposed by Section 4999 of the Code, then Code (the Employee's severance benefits under this Agreement shall be payable either“Excise Tax”).
Appears in 1 contract
Samples: Performance Cash Plan Agreement (Lightning eMotors, Inc.)