Limitation on Change of Control Payments. Employee shall not be entitled to receive any Change of Control Action, as defined below, which would constitute an “excess parachute payment” for purposes of Code Section 280G, or any successor provision, and the regulations thereunder. In the event any Change of Control Action payable to Employee would constitute an “excess parachute payment,” then the acceleration
Appears in 2 contracts
Samples: And Amended Employment Agreement (Rudolph Technologies Inc), And Amended Employment Agreement (Rudolph Technologies Inc)
Limitation on Change of Control Payments. Employee shall not be entitled to receive any Change of Control Action, as defined below, which would constitute an “excess parachute payment” for purposes of Code Section 280G, or any successor provision, and the regulations thereunder. In the event any Change of Control Action payable to Employee would constitute an “excess parachute payment,” then the accelerationIn
Appears in 2 contracts
Samples: Employment Agreement (August Technology Corp), Employment Agreement (August Technology Corp)
Limitation on Change of Control Payments. Employee shall not be entitled to receive any Change of Control Action, as defined below, which would constitute an “excess parachute payment” for purposes of Code Section 280G, or any successor provision, and the regulations thereunder. In the event any Change of Control Action payable to Employee would constitute an “excess parachute payment,” then the accelerationacceleration of the
Appears in 1 contract
Limitation on Change of Control Payments. Employee shall not be entitled to receive any Change of Control Action, as defined below, which would constitute an “excess parachute payment” for purposes of Code Section 280G, or any successor provision, and the regulations thereunder. In the event any Change of Control Action payable to Employee would constitute an “excess parachute payment,” then the accelerationCode
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