Common use of Indebtedness of Executive Clause in Contracts

Indebtedness of Executive. If Executive is indebted to the Company on the effective date of a Change in Control Termination or Covered Termination, the Company reserves the right to offset any severance payments and benefits under this Agreement by the amount of such indebtedness.

Appears in 50 contracts

Samples: Executive Employment Agreement (Syndax Pharmaceuticals Inc), Executive Employment Agreement (Syndax Pharmaceuticals Inc), Executive Employment Agreement (Kezar Life Sciences, Inc.)

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Indebtedness of Executive. If Executive is indebted to the Company on the effective date of a Change in Control Termination or Covered Termination, the Company reserves the right to offset any severance payments and benefits under this Agreement by the amount of such indebtedness.

Appears in 9 contracts

Samples: Change in Control Severance Agreement, Change in Control Severance Agreement (BNC Bancorp), Change in Control Severance Agreement (Tableau Software Inc)

Indebtedness of Executive. If Executive is indebted to the Company on the effective date of a Covered Termination or Change in Control Termination or Covered Termination, the Company reserves the right to offset any severance payments and benefits under this Agreement by the amount of such indebtedness; provided, however, that any such offset does not violate or result in the imposition of tax under Section 409A of the Code.

Appears in 9 contracts

Samples: General Severance Benefits and Change in Control Severance Benefits Agreement (Nanometrics Inc), General Severance Benefits and Change in Control Severance Benefits Agreement (Nanometrics Inc), Employment Agreement (Nanometrics Inc)

Indebtedness of Executive. If Executive is indebted to the Company on the effective date of a Covered Termination or Change in Control Termination or Covered TerminationDate, the Company reserves the right to offset any severance payments and benefits Severance Benefits or Change in Control Severance Benefits under this Agreement by the amount of such indebtedness, subject to the requirements of Section 409A of the Code and applicable law.

Appears in 9 contracts

Samples: Executive Employment Agreement (Ovid Therapeutics Inc.), Executive Employment Agreement (Ovid Therapeutics Inc.), Executive Employment Agreement (Ovid Therapeutics Inc.)

Indebtedness of Executive. If Executive is indebted to the Company or an affiliate of the Company on the effective date of a Change in Control Termination his termination of employment or Covered Terminationservice, the Company reserves the right to offset any severance payments and benefits payable in cash under this Severance Agreement by the amount of such indebtedness., except to the extent such offset would cause adverse tax consequences to Executive or the Company under Section 409A.

Appears in 4 contracts

Samples: Severance Agreement (Arena Pharmaceuticals Inc), Severance Agreement (Arena Pharmaceuticals Inc), Executive Employment Agreement (Arena Pharmaceuticals Inc)

Indebtedness of Executive. If Executive is indebted to the Company on the effective date of a Change in Control Covered Termination or Covered TerminationTermination Following a Change in Control, the Company reserves the right to offset any severance payments and benefits under this Agreement by the amount of such indebtedness.

Appears in 3 contracts

Samples: Executive Severance Benefits Agreement (Portola Pharmaceuticals Inc), Executive Severance Benefits Agreement (Portola Pharmaceuticals Inc), Executive Severance Benefits Agreement (Portola Pharmaceuticals Inc)

Indebtedness of Executive. If Executive is indebted to the Company on the effective date of a Change in Control Termination or Covered Termination, the Company reserves the right to offset any severance payments and benefits (net of any applicable tax withholdings) under this Agreement by the amount of such indebtedness.

Appears in 2 contracts

Samples: Change in Control Severance Agreement (Uni-Pixel), Change in Control Severance Agreement (Uni-Pixel)

Indebtedness of Executive. If Executive is indebted to the Company on the effective date of a Change in Control Termination or Covered Termination, the Company reserves the right to offset any severance payments and benefits under this Agreement by the amount of such indebtedness.

Appears in 2 contracts

Samples: Executive Change in Control Severance Benefits Agreement (Portola Pharmaceuticals Inc), Executive Change in Control Severance Benefits Agreement (Portola Pharmaceuticals Inc)

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Indebtedness of Executive. If Executive is indebted to the Company on the effective date of a Change in Control Termination or Covered Termination, the Company reserves the right to offset any severance payments and benefits under this Agreement by the amount of such indebtedness; provided, however, that any such offset does not violate or result in the imposition of tax under Section 409A of the Code. Executive hereby consents to any such offset.

Appears in 1 contract

Samples: Severance Agreement (Hyperion Therapeutics Inc)

Indebtedness of Executive. If Executive is indebted to the Company on the effective date of a Change in Control Termination or Covered Termination, the Company reserves the right to offset any severance payments and benefits Severance Benefits or Change in Control Benefits under this Agreement by the amount of such indebtedness, subject to the requirements of Section 409A of the Code and applicable law.

Appears in 1 contract

Samples: Executive Employment Agreement (Ovid Therapeutics Inc.)

Indebtedness of Executive. If Executive is indebted to the Company on the effective date of a Covered Termination or Change in Control Termination or Covered TerminationDate, the Company reserves the right to offset any severance payments and benefits Severance Benefits or Change in Control Severance Benefits under this Agreement by the amount of such indebtedness., subject to the requirements of Section 409A of the Code and applicable law. 143429480 v3

Appears in 1 contract

Samples: Executive Employment Agreement (Ovid Therapeutics Inc.)

Indebtedness of Executive. If Executive is indebted to the Company (or any Affiliate) on the effective date of a Change in Control Termination his or her Covered Termination, the Company reserves the right to offset any severance payments and benefits under this Agreement by the amount of such indebtedness.

Appears in 1 contract

Samples: Executive Severance and Change in Control Agreement (Financial Engines, Inc.)

Indebtedness of Executive. If Executive is indebted to the Company on the effective date of a Change in Control Termination or Covered TerminationDate, the Company reserves the right to offset any severance payments and benefits of Base Salary, Pro-Rata Bonus, or Discretionary Severance Benefits under this Agreement by the amount of such indebtedness.

Appears in 1 contract

Samples: Executive Transition and Severance Benefits Agreement (Five Prime Therapeutics Inc)

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