Common use of Gross-up for Certain Taxes Clause in Contracts

Gross-up for Certain Taxes. If it is determined (by the reasonable computation of KCSI s independent auditors, which determinations shall be certified to by such auditors and set forth in a written certificate ("Certificate") delivered to the Executive) that any benefit received or deemed received by the Executive from KCSI pursuant to this Agreement or otherwise (collectively, the "Payments") is or will become subject to any excise tax under Section 4999 of the Code or any similar tax payable under any United States federal, state, local or other law (such excise tax and all such similar taxes collectively, "Excise Taxes"), then KCSI shall, immediately after such determination, pay the Executive an amount (the "Gross-up Payment") equal to the product of:

Appears in 3 contracts

Samples: Employment Agreement (Kansas City Southern Industries Inc), Employment Agreement (Kansas City Southern Industries Inc), Employment Agreement (Kansas City Southern Industries Inc)

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Gross-up for Certain Taxes. If it is determined (by the -------------------------- reasonable computation of KCSI s KCSL's independent auditors, which determinations shall be certified to by such auditors and set forth in a written certificate ("Certificate") delivered to the Executive) that any benefit received or deemed received by the Executive from KCSL, KCSI or Railway pursuant to this Agreement or otherwise (collectively, the "Payments") is or will become subject to any excise tax under Section 4999 of the Code or any similar tax payable under any United States federal, state, local or other law (such excise tax and all such similar taxes collectively, "Excise Taxes"), then KCSI KCSL shall, immediately after such determination, pay the Executive an amount (the "Gross-up Payment") equal to the product of:

Appears in 2 contracts

Samples: Employment Agreement (Kansas City Southern Industries Inc), Employment Agreement (Kansas City Southern Industries Inc)

Gross-up for Certain Taxes. If it is determined (by the reasonable computation of KCSI s KCSI's independent auditors, which determinations shall be certified to by such auditors and set forth in a written certificate ("Certificate") delivered to the Executive) that any benefit received or deemed received by the Executive from KCSI pursuant to this Agreement or otherwise (collectively, the "Payments") is or will become subject to any excise tax under Section 4999 of the Code or any similar tax payable under any United States federal, state, local or other law (such excise tax and all such similar taxes collectively, "Excise Taxes"), then KCSI shall, immediately after such determination, pay the Executive an amount (the "Gross-up Payment") equal to the product of:: (i) the amount of such Excise Taxes; multiplied by

Appears in 2 contracts

Samples: Employment Agreement (Kansas City Southern Industries Inc), Employment Agreement (Kansas City Southern Industries Inc)

Gross-up for Certain Taxes. If it is determined (by the reasonable computation of KCSI s KCSI's independent auditors, which determinations shall be certified to by such auditors and set forth in a written certificate ("Certificate") delivered to the Executive) that any benefit received or deemed received by the Executive from KCSI pursuant to this Agreement or otherwise (collectively, the "Payments") is or will become subject to any excise tax under Section 4999 of the Code or any similar tax payable under any United States federal, state, local or other law (such excise tax and all such similar taxes collectively, "Excise Taxes"), then KCSI shall, immediately after such determination, pay the Executive an amount (the "Gross-up Payment") equal to the product of:

Appears in 2 contracts

Samples: Employment Agreement (Kansas City Southern Industries Inc), Employment Agreement (Kansas City Southern Industries Inc)

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Gross-up for Certain Taxes. If it is determined (by the reasonable computation of KCSI s KCSL's independent auditors, which determinations shall be certified to by such auditors and set forth in a written certificate ("Certificate") delivered to the Executive) that any benefit received or deemed received by the Executive from KCSL, KCSI or Railway pursuant to this Agreement or otherwise (collectively, the "Payments") is or will become subject to any excise tax under Section 4999 of the Code or any similar tax payable under any United States federal, state, local or other law (such excise tax and all such similar taxes collectively, "Excise Taxes"), then KCSI KCSL shall, immediately after such determination, pay the Executive an amount (the "Gross-up Payment") equal to the product of:

Appears in 1 contract

Samples: Employment Agreement (Kansas City Southern Industries Inc)

Gross-up for Certain Taxes. If it is determined (by the reasonable computation of KCSI s KCSI's independent auditors, which determinations shall be certified to by such auditors and set forth in a written certificate ("Certificate") delivered to the Executive) that any benefit received or deemed received by the Executive from KCSI or Railway pursuant to this Agreement or otherwise (collectively, the "Payments") is or will become subject to any excise tax under Section 4999 of the Code or any similar tax payable under any United States federal, state, local or other law (such excise tax and all such similar taxes collectively, "Excise Taxes"), then KCSI shall, immediately after such determination, pay the Executive an amount (the "Gross-up Payment") equal to the product of:

Appears in 1 contract

Samples: Employment Agreement (Kansas City Southern)

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