Illustration. For example, if the Severance Payments are $1,000,000 and if Executive is subject to the Excise Tax, then the Gross-Up Payment will be such that Executive will retain an amount of $1,000,000 less only any normal and ordinary taxes on such amount. The Excise Tax and federal, state and local taxes and any Excise Tax on the payment provided by this Section 9 will not be deemed normal and ordinary taxes.
Appears in 14 contracts
Samples: Employment Agreement (Penn National Gaming Inc), Employment Agreement (Penn National Gaming Inc), Employment Agreement (Penn National Gaming Inc)