No Acceleration of Payments. No acceleration of payments and benefits provided for herein shall be permitted, except that the Company may accelerate payment, if permitted under the regulations under Section 409A of the Code, as necessary to allow the Employee to pay FICA taxes on amounts payable hereunder and additional taxes resulting from the payment of such FICA amount, or as necessary to pay taxes and penalties arising as a result of the payments provided for in this Agreement failing to meet the requirements of Section 409A of the Code.
Appears in 3 contracts
Samples: Employment Agreement (Stewart Enterprises Inc), Employment Agreement (Stewart Enterprises Inc), Employment Agreement (Stewart Enterprises Inc)
No Acceleration of Payments. No acceleration of payments and benefits provided for herein shall be permitted, except that the Company Post-Transaction Corporation may accelerate payment, if permitted under the regulations under Section 409A of the Code, as necessary to allow the Employee Executive to pay FICA taxes on amounts payable hereunder and additional taxes resulting from the payment of such FICA amount, amount or as necessary to pay taxes and penalties arising as a result of the payments provided for in this Agreement failing to meet the requirements of Section 409A of the Code.
Appears in 2 contracts
Samples: Change of Control Agreement (Stratus Properties Inc), Change of Control Agreement (Stratus Properties Inc)
No Acceleration of Payments. No acceleration of payments and benefits provided for herein shall be permitted, except that the Company Bank may accelerate payment, if permitted under the proposed regulations under Section 409A of the Code409A, as necessary to allow the Employee Executive to pay FICA taxes on amounts payable hereunder and additional taxes resulting from the payment of such FICA amount, amount or as necessary to pay taxes and penalties arising as a result of the payments provided for in this Agreement failing to meet the requirements of Section 409A of the Code.409A.
Appears in 2 contracts
Samples: Merger Agreement (Iberiabank Corp), Merger Agreement (Iberiabank Corp)
No Acceleration of Payments. No acceleration of payments and benefits provided for herein shall be permitted, except that the Company may accelerate payment, if permitted under the regulations under Section 409A of the Code, as necessary to allow the Employee to pay FICA taxes on amounts payable hereunder and additional taxes resulting from the payment of such FICA amount, amount or as necessary to pay taxes and penalties arising as a result of the payments provided for in this Agreement failing to meet the requirements of Section 409A of the Code.
Appears in 1 contract
Samples: Change of Control Agreement (Stewart Enterprises Inc)