Common use of Limitation of Payment Clause in Contracts

Limitation of Payment. Notwithstanding anything in this Agreement to the contrary, if receipt of any of the benefits hereunder would subject the Executive to tax or penalties under Section 4999 or 409(A) of the Code (hereafter "Section 4999" or "409(A)"), the Company shall promptly pay to the Executive a "gross up" amount that would allow the Executive to receive the net after-tax amount he would have received but for the application of said Section 4999 or 409(A) to any payments hereunder, including any payments made pursuant to this Section 13.

Appears in 4 contracts

Samples: Employment Agreement (Aslahan Enterprises Ltd.), Employment Agreement (Aslahan Enterprises Ltd.), Employment Agreement (Aslahan Enterprises Ltd.)

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Limitation of Payment. Notwithstanding anything in this Agreement to the contrary, if receipt of any of the benefits hereunder would subject the Executive to tax or penalties under Section 4999 or 409(A) of the Code (hereafter "Section 4999" or "409(A)"), the Company shall promptly pay to the Executive a "gross up" amount that would allow the Executive to receive the net after-tax amount he would have received but for the application of said Section 4999 or 409(A) to any payments hereunder, including any payments made pursuant to this Section 1314.

Appears in 3 contracts

Samples: Employment Agreement (Elcom International Inc), Employment Agreement (Elcom International Inc), Employment Agreement (Elcom International Inc)

Limitation of Payment. Notwithstanding anything in this Agreement to the contrary, if receipt of any of the benefits hereunder would subject the Executive to tax or penalties under Section 4999 or 409(A) of the Internal Revenue Code of 1986, as amended (or similar successor statute) (hereafter "Section 4999" or "409(A)"), the Company shall promptly pay to the Executive a "gross up" amount that would allow the Executive to receive the net after-tax amount he would have received but for the application of said Section 4999 or 409(A) to any payments hereunder, including any payments made pursuant to this Section 1315.

Appears in 2 contracts

Samples: Employment Agreement (Elcom International Inc), Employment Agreement (Elcom International Inc)

Limitation of Payment. Notwithstanding anything in this Agreement to the contrary, if receipt of any of the benefits hereunder would subject the Executive to tax or penalties under Section 4999 or 409(A) of the Internal Revenue Code of 1986, as amended (or similar successor statute) (hereafter "Section 4999" or "409(A)"), the Company shall promptly pay to the Executive a "gross up" amount that would allow the Executive to receive the net after-tax amount he would have received but for the application of said Section 4999 or 409(A) to any payments hereunder, including any payments made pursuant to this Section 1314.

Appears in 1 contract

Samples: Severance Protection Agreement (Invacare Corp)

Limitation of Payment. Notwithstanding anything in this Agreement to the contrary, if receipt of any of the benefits hereunder would subject the Executive to tax or penalties under Section 4999 or 409(A) of the Code (hereafter "Section 4999" or "409(A)"), the Company shall promptly pay to the Executive a "gross up" amount that would allow the Executive to receive the net after-tax amount he would have received but for the application of said Section 4999 or 409(A) to any payments hereunder, including any payments made pursuant to this Section 13.

Appears in 1 contract

Samples: Employment Agreement (Aslahan Enterprises Ltd.)

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Limitation of Payment. Notwithstanding anything in this Agreement to the contrary, if receipt of any of the benefits hereunder would subject the Executive to tax or penalties under Section 4999 or 409(A) of the Code (hereafter "Section 4999" or "409(A)"), the ================================================================================ Richard Turcott Xxxx 00 Company shall promptly pay to the Executive a "gross up" amount that would allow the Executive to receive the net after-tax amount he would have received but for the application of said Section 4999 or 409(A) to any payments hereunder, including any payments made pursuant to this Section 13.

Appears in 1 contract

Samples: Employment Agreement (Aslahan Enterprises Ltd.)

Limitation of Payment. Notwithstanding anything in this Agreement to the contrary, if receipt of any of the benefits hereunder would subject the Executive to tax or penalties under Section 4999 or 409(A) of the Internal Revenue Code of 1986, as amended (or similar successor statute) (hereafter "Section 4999" or "409(A)"), the Company shall promptly pay to the Executive a "gross up" amount that would allow the Executive to receive the net after-tax amount he would have received but for the application of said Section 4999 or 409(A) to any payments hereunder, including any payments made pursuant to this Section 1314. 15.

Appears in 1 contract

Samples: Severance Protection Agreement (Invacare Corp)

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