Common use of Modified Gross-Up Clause in Contracts

Modified Gross-Up. It shall be determined whether this Section 4(g)(1) applies prior to any determination pursuant to Section 4(g)(2) hereof. This Section 4(g)(1) shall apply if “Total Payments” (as defined in Section 4(g)(1)(i)) are equal to or exceed one-hundred-and-ten percent (110%) of the “Safe Harbor Amount”. The “Safe Harbor Amount” is the amount to which the Total Payments would hypothetically have to be reduced so that no portion of the Total Payments would be subject to the Excise Tax (as defined in Section 4(g)(1)(i)).

Modified Gross-Up. It shall be determined whether this Section 4(g)(14(h)(1) applies prior to any determination pursuant to Section 4(g)(24(h)(2) hereof. This Section 4(g)(14(h)(1) shall apply if “Total Payments” (as defined in Section 4(g)(1)(i4(h)(1)(i)) are equal to or exceed one-hundred-and-ten percent (110%) of the “Safe Harbor Amount”. The “Safe Harbor Amount” is the amount to which the Total Payments would hypothetically have to be reduced so that no portion of the Total Payments would be subject to the Excise Tax (as defined in Section 4(g)(1)(i4(h)(1)(i)).