Gross-up Multiple. The Gross-up Multiple shall equal a fraction, the numerator of which is one (1.0), and the denominator of which is one (1.0) minus the sum, expressed as a decimal fraction, of the rates of all federal, state, local and other income and other taxes and any Excise Taxes applicable to the Gross-up Payment; provided that, if such sum exceeds 0.8, it shall be deemed equal to 0.8 for purposes of this computation. (If different rates of tax are applicable to various portions of a Gross-up Payment, the weighted average of such rates shall be used.)
Appears in 46 contracts
Samples: Employment Agreement (Kansas City Southern), Employment Agreement (Kansas City Southern), Employment Agreement (Kansas City Southern)
Gross-up Multiple. The Gross-up Multiple shall equal a fraction, the numerator of which is one (1.0), and the denominator of which is one (1.0) minus the lesser of (i) the sum, expressed as a decimal fraction, of the effective marginal tax rates of all federal, state, local and other income and other taxes and any Excise Taxes applicable to the Gross-up Payment; provided that, if such sum exceeds 0.8or (ii) 0.80, it being intended that the Gross-up Multiple shall be deemed equal to 0.8 for purposes of this computationin no event exceed five (5.0). (If different rates of tax are applicable to various portions of a Gross-up Payment, the weighted average of such rates shall be used.)
Appears in 17 contracts
Samples: Change in Control Agreement (Nicor Inc), Change in Control Agreement (Nicor Inc), Change in Control Agreement (Nicor Inc)
Gross-up Multiple. The Gross-up Multiple shall equal a fraction, ----------------- the numerator of which is one (1.0), and the denominator of which is one (1.0) minus the sum, expressed as a decimal fraction, of the rates of all federal, state, local and other income and other taxes and any Excise Taxes applicable to the Gross-up Payment; provided that, if such sum exceeds 0.8, it shall be deemed equal to 0.8 for purposes of this computation. (If different rates of tax are applicable to various portions of a Gross-up Payment, the weighted average of such rates shall be used.)
Appears in 11 contracts
Samples: Employment Agreement (Stilwell Financial Inc), Employment Agreement (Stilwell Financial Inc), Employment Agreement (Kansas City Southern Industries Inc)
Gross-up Multiple. The Gross-up Multiple shall equal a fraction, the numerator of which is one (1.0), and the denominator of which is one (1.0) minus the sum, expressed as a decimal fraction, of the effective marginal rates of all federal, state, local and other income and other taxes and any Excise Taxes applicable to the Gross-up Payment; provided that, if such sum exceeds 0.8, it shall be deemed equal to 0.8 for purposes of this computation. (If different effective marginal rates of tax are applicable to various portions of a Gross-up Payment, the weighted average of such rates shall be used.)
Appears in 8 contracts
Samples: Employment Agreement (Russell Corp), Employment Agreement (McDonalds Corp), McDonalds Corp
Gross-up Multiple. The Gross-up Multiple shall equal a fraction, the numerator of which is one (1.0), and the denominator of which is one (1.0) minus the sum, expressed as a decimal fraction, of the effective after-tax marginal rates of all federal, state, local and other income and other taxes and any Excise Taxes applicable to the Gross-up Payment; provided that, if such sum exceeds 0.8, it shall be deemed equal to 0.8 for purposes of this computation. (If different rates of tax are applicable to various portions of a Gross-up Payment, the weighted average of such rates shall be used.)
Appears in 6 contracts
Samples: Employment Continuity Agreement (Dominion Resources Inc /Va/), Employment Continuity Agreement (Virginia Electric & Power Co), Change in Control Agreement (Cornerstone Realty Income Trust Inc)
Gross-up Multiple. The Gross-up Up Multiple shall equal a fraction, the numerator of which is one (1.0), and the denominator of which is one (1.0) minus the lesser of (i) the sum, expressed as a decimal fraction, of the effective after-tax marginal rates of all federal, state, local and other income and other taxes Taxes and any Excise Taxes applicable to the Gross-up Payment; provided that, if such sum exceeds 0.8Up Payment or (ii) 0.80, it being intended that the Gross-Up Multiple shall be deemed equal to 0.8 for purposes of this computationin no event exceed five (5.0). (If different rates of tax are applicable to various portions of a Gross-up Up Payment, the weighted average of such rates shall be used.)
Appears in 4 contracts
Samples: Employment Agreement (Commonwealth Edison Co), Employment Agreement (Exelon Generation Co LLC), Separation Agreement (Commonwealth Edison Co)
Gross-up Multiple. The Gross-up Multiple shall equal a ----------------- fraction, the numerator of which is one (1.0), and the denominator of which is one (1.0) minus the sum, expressed as a decimal fraction, of the rates of all federal, state, local and other income and other taxes and any Excise Taxes applicable to the Gross-up Payment; provided that, if such sum exceeds 0.8, it shall be deemed equal to 0.8 for purposes of this computation. (If different rates of tax are applicable to various portions of a Gross-up Payment, the weighted average of such rates shall be used.)
Appears in 2 contracts
Samples: Employment Agreement (Kansas City Southern Industries Inc), Employment Agreement (Kansas City Southern Industries Inc)
Gross-up Multiple. The Gross-up Multiple shall equal a fraction, the numerator of which is one (1.0), and the denominator of which is one (1.0) minus the sum, expressed as a decimal fraction, of the effective rates of all federal, state, local and other income and other taxes and any Excise Taxes applicable to the Gross-up Payment; provided that, if such sum exceeds 0.8, it shall be deemed equal to 0.8 for purposes of this computation. (If different rates of tax are applicable to various portions of a Gross-up Payment, the weighted average of such rates shall be used.)
Appears in 2 contracts
Samples: Employment Agreement (Barneys New York Inc), Exhibit 3 Employment Agreement (Questrom Allen)
Gross-up Multiple. The Gross-up Multiple shall equal a fraction, the numerator of which is one (1.0), and the denominator of which is one (1.0) minus the lesser of (i) the sum, expressed as a decimal fraction, of the effective after-tax marginal rates of all federal, state, local and other income income, employment and other taxes and any Excise Taxes applicable to the Gross-up Payment; provided that, if such sum exceeds 0.8or (ii) 0.80, it being intended that the Gross-up Multiple shall be deemed equal to 0.8 for purposes of this computationin no event exceed five (5.0). (If different rates of tax are applicable to various portions of a Gross-up Payment, the weighted average of such rates shall be used.)
Appears in 1 contract
Samples: Control Agreement (Peco Energy Co)
Gross-up Multiple. The Gross-up Multiple shall equal a fraction, the numerator of which is one (1.0), ) and the denominator of which is one (1.0) minus the sum, expressed as a decimal fraction, of the rates of all federal, state, local and other income and other taxes and any Excise Taxes applicable to the Gross-up Payment; provided that, if such sum exceeds 0.8, it shall be deemed equal to 0.8 for purposes of this computation. (If different rates of tax are applicable to various portions of a Gross-up Payment, the weighted average of such rates shall be used.)
Appears in 1 contract
Gross-up Multiple. The Gross-up Multiple shall equal a fraction, the numerator of which is one (1.0), and the denominator of which is one (1.0) minus the sum, expressed as a decimal fraction, of the effective rates of all federal, state, local and other income and other taxes Applicable Taxes and any Excise Taxes applicable to the Gross-up Payment; provided that, if such sum exceeds 0.8, it shall be deemed equal to 0.8 for purposes of this computation. (If different rates of tax are applicable to various portions of a Gross-up Payment, the weighted average of such rates shall be used.)
Appears in 1 contract
Samples: Employment Agreement (National Credit & Guaranty CORP)
Gross-up Multiple. The Gross-up Multiple shall equal a fraction, the ----------------- numerator of which is one (1.0), and the denominator of which is one (1.0) minus the lesser of (i) the sum, expressed as a decimal fraction, of the effective after-tax marginal rates of all federal, state, local and other income and other taxes and any Excise Taxes applicable to the Gross-up Payment; provided that, if such sum exceeds 0.8or (ii) 0.80, it being intended that the Gross-up Multiple shall be deemed equal to 0.8 for purposes of this computationin no event exceed five (5.0). (If different rates of tax are applicable to various portions of a Gross-up Payment, the weighted average of such rates shall be used.)
Appears in 1 contract
Gross-up Multiple. The Gross-up Multiple shall equal a fraction, fraction,\ ----------------- the numerator of which is one (1.0), and the denominator of which is one (1.0) minus the sum, expressed as a decimal fraction, of the rates of all federal, state, local and other income and other taxes and any Excise Taxes applicable to the Gross-up Payment; provided that, if such sum exceeds 0.8, it shall be deemed equal to 0.8 for purposes of this computation. (If different rates of tax are applicable to various portions of a Gross-up Payment, the weighted average of such rates shall be used.)
Appears in 1 contract
Samples: Employment Agreement (Kansas City Southern Industries Inc)
Gross-up Multiple. The Gross-up Multiple shall equal a fraction, the ----------------- numerator of which is one (1.0), and the denominator of which is one (1.0) minus the sum, expressed as a decimal fraction, of the effective marginal rates of all federal, state, local and other income and other taxes and any Excise Taxes applicable to the Gross-up Payment; provided that, if such sum exceeds 0.8, it shall be deemed equal to 0.8 for purposes of this computation. (If different effective marginal rates of tax are applicable to various portions of a Gross-up Payment, the weighted average of such rates shall be used.)
Appears in 1 contract
Gross-up Multiple. The Gross-up Up Multiple shall equal a fraction, the numerator of which is one (1.0l.0), and the denominator of which is one (1.0) minus the lesser of (i) the sum, expressed as a decimal fraction, of the effective after-tax marginal rates of all federal, state, local and other income and other taxes Taxes and any Excise Taxes applicable to the Gross-up Payment; provided that, if such sum exceeds 0.8Up Payment or (ii) 0.80, it being intended that the Gross-Up Multiple shall be deemed equal to 0.8 for purposes of this computationin no event exceed five (5.0) . (If different rates of tax are applicable to various portions of a Gross-up Up Payment, the weighted average of such rates shall be used.)
Appears in 1 contract
Samples: Employment Agreement (Exelon Corp)
Gross-up Multiple. The Gross-up Up Multiple shall equal a ----------------- fraction, the numerator of which is one (1.0), and the denominator of which is one (1.0) minus the lesser of (i) the sum, expressed as a decimal fraction, of the effective after-tax marginal rates of all federal, state, local and other income and other taxes Taxes and any Excise Taxes applicable to the Gross-up Payment; provided that, if such sum exceeds 0.8Up Payment or (ii) 0.80, it being intended that the Gross-Up Multiple shall be deemed equal to 0.8 for purposes of this computationin no event exceed five (5.0). (If different rates of tax are applicable to various portions of a Gross-up Up Payment, the weighted average of such rates shall be used.)
Appears in 1 contract
