Common use of Limitation on Awards Clause in Contracts

Limitation on Awards. Notwithstanding any other provision of the Plan, if any award under this Plan, either alone or together with payments that a Participant has the right to receive from the Company or a Related Entity, would constitute a "parachute payment" (as defined in section 280G of the Code), all such payments shall be reduced to the largest amount that will result in no portion being subject to the excise tax imposed by section 4999 of the Code.

Appears in 5 contracts

Samples: Incentive Plan (Windswept Environmental Group Inc), Incentive Plan (Cadapult Graphic Systems Inc), Incentive Plan (Educational Video Conferencing Inc)

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Limitation on Awards. Notwithstanding any other provision of the Plan, if any award under this Plan, either alone or together with payments that a Participant has the right to receive from the Company or a Related Entity, would constitute a "β€œparachute payment" ” (as defined in section 280G of the Code), all such payments shall be reduced to the largest amount that will result in no portion being subject to the excise tax imposed by section 4999 of the Code.

Appears in 5 contracts

Samples: Incentive Plan (Media Sciences International Inc), 2006 Stock Incentive Plan (Media Sciences International Inc), 2006 Stock Incentive Plan (Media Sciences International Inc)

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Limitation on Awards. Notwithstanding any other provision of the Plan, if any award under this Plan, either alone or together with payments that a Participant has the right to receive from the Company Corporation or a Related Entity, would constitute a "parachute payment" (as defined in section 280G of the Code), all such payments shall be reduced to the largest amount that will result in no portion being subject to the excise tax imposed by section 4999 of the Code.

Appears in 2 contracts

Samples: Incentive Plan (Evci Career Colleges Inc), Incentive Plan (Boundless Corp)

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