Common use of Gross-Up Payment Determination Clause in Contracts

Gross-Up Payment Determination. All determinations required to be made under this Section 10, including whether and when a Gross-Up Payment is required, the amount of such Gross-Up Payment, the calculations under Section 280G and 4999 of the Code, and the assumptions to be used in arriving at such determination, shall be made by Commerce’s independent auditor or another nationally recognized accounting firm chosen by the auditor with the consent of Commerce and Executive (the “Accounting Firm”).

Appears in 2 contracts

Samples: Employment Agreement (Pennsylvania Commerce Bancorp Inc), Employment Agreement (Pennsylvania Commerce Bancorp Inc)

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Gross-Up Payment Determination. All determinations required to be made under this Section 10, including whether and when a Gross-Up Payment is required, the amount of such Gross-Up Payment, the calculations under Section 280G and 4999 of the Code, and the assumptions to be used in arriving at such determination, shall be made by Commerce’s Metro's independent auditor or another nationally recognized accounting firm chosen by the auditor with the consent of Commerce Metro and Executive (the “Accounting Firm”).

Appears in 1 contract

Samples: Employment Agreement (Metro Bancorp, Inc.)

Gross-Up Payment Determination. All determinations required to be made under this Section 10, including whether and when a Gross-Up Payment is required, the amount of such Gross-Up Payment, the calculations under Section 280G and 4999 of the Code, and the assumptions to be used in arriving at such determination, shall be made by Commerce’s independent auditor or another nationally recognized accounting firm chosen by the auditor with the consent of Commerce and Executive Hill (the “Accounting Firm”).

Appears in 1 contract

Samples: Employment Agreement (Commerce Bancorp Inc /Nj/)

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Gross-Up Payment Determination. All determinations required to be made under this Section 10, including whether and when a Gross-Up Payment is required, the amount of such Gross-Up Payment, the calculations under Section 280G and 4999 of the Code, and the assumptions to be used in arriving at such determination, shall be made by Commerce’s the Company's independent auditor or another nationally recognized accounting firm chosen by the auditor with the consent of Commerce the Company and Executive Hill (the "Accounting Firm").

Appears in 1 contract

Samples: Agreement (Republic First Bancorp Inc)

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