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; or (ii) 0.80, it being intended that the Gross-up Multiple shall in 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
Sources: 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 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; or (ii) 0.80provided that, if such sum exceeds 0.8, it being intended that the Gross-up Multiple shall in no event exceed five (5.0)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
Sources: 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 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; or (ii) 0.80provided that, if such sum exceeds 0.8, it being intended that the Gross-up Multiple shall in no event exceed five (5.0)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
Sources: Employment Agreement (Russell Corp), Change of Control Employment Agreement (McDonalds Corp), Change of Control Employee Agreement (McDonalds 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 tax rates of all federal, state, local and other income and other taxes Taxes and any Excise Taxes applicable to the Gross-up Payment; Up Payment or (ii) 0.80, it being intended that the Gross-up Up Multiple shall in 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
Sources: Employment Agreement (Exelon Generation Co LLC), Employment Agreement (Commonwealth Edison Co), Employment 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 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; or (ii) 0.80provided that, if such sum exceeds 0.8, it being intended that the Gross-up Multiple shall in no event exceed five (5.0)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
Sources: Employment Agreement (Kansas City Southern Industries Inc), Employment Agreement (Kansas City Southern Industries Inc)
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 tax rates of all federal, state, local and other income and other taxes Taxes and any Excise Taxes applicable to the Gross-up Payment; Up Payment or (ii) 0.80, it being intended that the Gross-up Up Multiple shall in 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
Sources: Employment Agreement (Exelon 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 tax rates of all federal, state, local and other income income, employment and other taxes and any Excise Taxes applicable to the Gross-up Payment; or (ii) 0.80, it being intended that the Gross-up Multiple shall in 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, 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 tax rates of all federal, state, local and other income and other taxes and any Excise Taxes applicable to the Gross-up Payment; or (ii) 0.80, it being intended that the Gross-up Multiple shall in 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
Sources: Change in Control 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 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; or (ii) 0.80provided that, if such sum exceeds 0.8, it being intended that the Gross-up Multiple shall in no event exceed five (5.0)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
Sources: Change of Control Employment Agreement (McDonalds Corp)
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 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; or (ii) 0.80provided that, if such sum exceeds 0.8, it being intended that the Gross-up Multiple shall in no event exceed five (5.0)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
Sources: Employment Agreement (Kansas City Southern Industries 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 tax rates of all federal, state, local and other income and other taxes Taxes and any Excise Taxes applicable to the Gross-up Payment; Up Payment or (ii) 0.80, it being intended that the Gross-up Up Multiple shall in 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