No Excess Parachute Payments. Any amount that could be received (whether in cash or property or the vesting of property) as a result of the transactions contemplated by this Agreement by any employee, officer or director of EVI or any of its affiliates who is a "disqualified individual" (as such term is defined in proposed Treasury Regulation Section 1-280G-1) under any employment, severance or termination agreement, other compensation arrangement or EVI Plan currently in effect would not be characterized as an "excess parachute payment" (as such term is defined in Section 280G(b)(1) of the Code).
Appears in 3 contracts
Samples: Merger Agreement (Evi Inc), Merger Agreement (Evi Inc), Merger Agreement (Weatherford Enterra Inc)
No Excess Parachute Payments. Any amount that could be received (whether in cash or property or the vesting of property) as a result of any of the transactions contemplated by this Agreement by any employee, officer or director of EVI the Company or any of its affiliates who is a "disqualified individual" (as such term is defined in proposed Treasury Regulation Section 1-280G-11.280G-1) under any employment, severance or termination agreement, other compensation arrangement or EVI Company Plan currently in effect would not be characterized as an "excess parachute payment" (as such term is defined in Section 280G(b)(1) of the Code).
Appears in 3 contracts
Samples: Merger Agreement (Weatherford Enterra Inc), Merger Agreement (Evi Inc), Merger Agreement (Evi Inc)
No Excess Parachute Payments. Any amount that could be received (whether in cash or property or the vesting of property) as a result of any of the transactions contemplated by this Agreement by any employee, officer or director of EVI the Company or any of its affiliates who is a "disqualified individual" (as such term is defined in proposed Treasury Regulation Section 1-280G-11.280G-1) under any employment, severance or termination agreement, other compensation arrangement or EVI Company Benefit Plan currently in effect would not be characterized as an "excess parachute payment" (as such term is defined in Section 280G(b)(1) of the Code).
Appears in 3 contracts
Samples: Merger Agreement (Camco International Inc), Merger Agreement (Camco International Inc), Merger Agreement (Bettis Corp /De/)
No Excess Parachute Payments. Any No amount that could be received (whether in cash or property or the vesting of property) as a result of any of the transactions contemplated by this Agreement by any employee, officer officer, or director of EVI Parent or any of its affiliates subsidiaries who is a "disqualified individual" (as such term is defined in proposed Treasury Regulation Section 1-280G-11.280G-1) under any employment, severance or termination agreement, other compensation arrangement or EVI Plan currently in effect would not be characterized as an "excess parachute payment" (as such term is defined in Section 280G(b)(1) of the Code) or would be non-deductible by reason of Code Section 162(m).
Appears in 2 contracts
Samples: Merger Agreement (Universal Compression Inc), Merger Agreement (Universal Compression Inc)
No Excess Parachute Payments. Any amount that could be received (whether in cash or property or the vesting of property) as a result of any of the transactions contemplated by this Agreement Transactions (whether alone or in combination with a qualifying termination of employment) by any employee, officer or director of EVI the Company or any of its affiliates who is a "disqualified individual" (as such term is defined in proposed Treasury Regulation Section 1-280G-11.280G-1) under any employment, severance or termination agreement, other compensation arrangement or EVI Company Benefit Plan currently in effect would not be characterized as an "excess parachute payment" (as such term is defined in Section 280G(b)(1) of the Code).
Appears in 2 contracts
Samples: Merger Agreement (Philip Services Corp), Merger Agreement (Advanced Environmental Systems Inc)
No Excess Parachute Payments. Any amount that could be received (whether in cash or property or the vesting of property) as a result of any of the transactions contemplated by this Agreement by any employee, officer or director of EVI the Company or any of its affiliates who is a "disqualified individual" (as such term is defined in proposed Proposed Treasury Regulation Section 1-280G-11.280G-1) under any employment, severance or termination agreement, other compensation arrangement or EVI Company Employee Plan currently in effect would not be characterized as an "excess parachute payment" (as such term is defined in Section 280G(b)(1) 280G of the Code).
Appears in 2 contracts
Samples: Merger Agreement (Tellabs Inc), Merger Agreement (Coherent Communications Systems Corp)
No Excess Parachute Payments. Any No amount that could be received paid (whether in cash or property or the vesting of property) as a result of any of the transactions contemplated by this Agreement by to any employee, officer or director of EVI or any of its affiliates person who is properly characterized as a "disqualified individual" (as such term is defined by the IRS in proposed Treasury Regulation Section 1-280G-1section 1.280G-1) under any employment, severance or termination agreement, other compensation arrangement or EVI other Company Benefit Plan currently in effect would not be characterized as an "excess parachute payment" (as such term is defined in Section section 280G(b)(1) of the Code).
Appears in 2 contracts
Samples: Merger Agreement (TMBR Sharp Drilling Inc), Merger Agreement (Midcoast Energy Resources Inc)
No Excess Parachute Payments. Any No amount that could be received (whether in cash or property or the vesting of property) as a result of any of the transactions contemplated by this Agreement Agreement, either alone or together with other events, by any employee, officer or director of EVI UNUM or any of its affiliates who is a "disqualified individual" (as such term is defined in proposed Treasury Regulation Section 1-280G-11.280G-1) under any employment, severance or termination agreement, other compensation arrangement or EVI UNUM Benefit Plan currently in effect would not be characterized as an "excess parachute payment" (as such term is defined in Section 280G(b)(1) of the Code).
Appears in 2 contracts
Samples: Merger Agreement (Provident Companies Inc /De/), Merger Agreement (Unum Corp)
No Excess Parachute Payments. Any No amount that could be received (whether in cash or property or the vesting of property) as a result of any of the transactions contemplated by this Agreement Agreement, either alone or together with other events, by any employee, officer or director of EVI Provident or any of its affiliates who is a "disqualified individual" (as such term is defined in proposed Treasury Regulation Section 1-280G-11.280G-1) under any employment, severance or termination agreement, other compensation arrangement or EVI Provident Benefit Plan currently in effect would not be characterized as an "excess parachute payment" (as such term is defined in Section 280G(b)(1) of the Code).
Appears in 2 contracts
Samples: Merger Agreement (Provident Companies Inc /De/), Merger Agreement (Unum Corp)
No Excess Parachute Payments. Any No amount that could be received (whether either in cash or property or the vesting of property) property as a result of the transactions any of any transaction contemplated by this Agreement Agreement, either alone or in conjunction with another event, including termination of employment, by any employee, officer or director of EVI the Company or any of its affiliates who is a "disqualified individual" (as such term is defined in proposed Treasury Regulation Section 1-280G-11.280G-1) under any employment, severance or termination agreement, other compensation arrangement or EVI Company Benefit Plan currently in effect would not be characterized as an "excess parachute payment" (as such term is defined in Section section 280G(b)(1) of the Code).
Appears in 2 contracts
Samples: Merger Agreement (Onemain Com Inc), Merger Agreement (Earthlink Inc)
No Excess Parachute Payments. Any amount that could be received (whether in cash or property or the vesting of property) as a result of any of the transactions contemplated by this Agreement by any employee, officer or director of EVI the Company or any of its affiliates who is a "disqualified individual" (as such term is defined by the IRS in proposed Treasury Regulation Section 1-280G-1section 1.280G-1) under any employment, severance or termination agreement, other compensation arrangement or EVI Company Benefit Plan currently in effect would not be characterized as an "excess parachute payment" (as such term is defined in Section section 280G(b)(1) of the Code).
Appears in 2 contracts
Samples: Merger Agreement (El Paso Energy Corp/De), Merger Agreement (Crystal Gas Storage Inc)
No Excess Parachute Payments. Any No amount that could be received (whether in cash or property or the vesting of property) as a result of the any of transactions contemplated by this Agreement by any employee, officer or director of EVI or any of its affiliates the Company who is a "disqualified individual" (as such term is defined in proposed Treasury Regulation Section 1-280G-11.280G-1) under any employment, severance or termination agreement, other compensation arrangement or EVI Designated Plan currently in effect would not be characterized as an "excess parachute payment" (as such term is defined in Section 280G(b)(1) of the Code).
Appears in 1 contract
No Excess Parachute Payments. Any amount that could be received (whether in cash or property or the vesting of property) as a result of any of the transactions contemplated by this Agreement by any employee, officer or director of EVI the Company or any of its affiliates who is a "disqualified A-11 17 individual" (as such term is defined in proposed Treasury Regulation Section 1-280G-1280(G)(c) of the Code) under any employment, severance or termination agreement, other compensation arrangement or EVI Benefit Plan currently in effect would not be characterized as an "excess parachute payment" (as such term is defined in Section 280G(b)(1) of the Code).
Appears in 1 contract
Samples: Agreement and Plan of Merger (Tesoro Petroleum Corp /New/)
No Excess Parachute Payments. Any No amount that could be received ---------------------------- (whether in cash or property or the vesting of property) as a result of the transactions any of any transaction contemplated by this Agreement Agreement, either alone or in conjunction with another event, including termination of employment, by any employee, officer or director of EVI the Company or any of its affiliates who is a "disqualified individual" (as such term is defined in proposed Treasury Regulation Section 1-280G-11.280G-1) under any employment, severance or termination agreement, other compensation arrangement or EVI Company Benefit Plan currently in effect would not be characterized as an "excess parachute payment" (as such term is defined in Section section 280G(b)(1) of the Code).
Appears in 1 contract
No Excess Parachute Payments. Any No amount that could be received (whether in cash or property or the vesting of property) as a result of the transactions any of any transaction contemplated by this Agreement Agreement, either alone or in conjunction with another event, including termination of employment, by any employee, officer or director of EVI the Company or any of its affiliates who is a "disqualified individual" (as such term is defined in proposed Treasury Regulation Section 1-280G-11.280G-1) under any employment, severance or termination agreement, other compensation arrangement or EVI Company Benefit Plan currently in effect would not be characterized as an "excess parachute payment" (as such term is defined in Section section 280G(b)(1) of the Code).
Appears in 1 contract
No Excess Parachute Payments. Any No amount that could be received (whether in cash or property or the vesting of property) as a result of the any of transactions contemplated by this Agreement by any employee, officer or director of EVI PEI or any of its affiliates a Controlled Company who is a "disqualified individual" (as such term is defined in proposed Treasury Regulation Section 1-280G-1) under any employment, severance or termination agreement, other compensation arrangement or EVI Designated Plan currently in effect would not be characterized as an "excess parachute payment" (as such term is defined in Section 280G(b)(1) of the Code)."
Appears in 1 contract
No Excess Parachute Payments. Any No amount that could be received (whether in cash or property or the vesting of property) as a result of any of the transactions contemplated by this Agreement by any employee, officer or director of EVI Parent or any of its affiliates who is a "disqualified individual" (as such term is defined in proposed Treasury Regulation regulations Section 1-280G-11.280G-1) under any employment, severance or termination agreement, other compensation arrangement or EVI Parent Plan currently in effect would not be characterized as an "excess parachute payment" (as such term is defined in Section 280G(b)(1) of the Code).
Appears in 1 contract
Samples: Merger Agreement (Symbion Inc/Tn)
No Excess Parachute Payments. Any amount that could be received (whether in cash or property or the vesting of property) as a result of any of the transactions contemplated by this Agreement by any employee, officer or director of EVI Parent or any of its affiliates who is a "disqualified individual" (as such term is defined in proposed Treasury Regulation Section 1-280G-11.280G-1) under any employment, severance or termination agreement, other compensation arrangement or EVI Parent Benefit Plan currently in effect would not be characterized as an "excess parachute payment" (as such term is defined in Section 280G(b)(1) of the Code).
Appears in 1 contract
Samples: Merger Agreement (Bettis Corp /De/)
No Excess Parachute Payments. Any amount that could be received (whether in cash or property or the vesting of property) as a result of any of the transactions contemplated by this Agreement by any employee, officer or director of EVI the Parent or any of its affiliates who is a "disqualified individual" (as such term is defined in proposed Treasury Regulation Section 1-280G-1280(G)(c) of the Code) under any employment, severance or termination agreement, other compensation arrangement or EVI Benefit Plan currently in effect would not be characterized as an "excess parachute payment" (as such term is defined in Section 280G(b)(1) of the Code).
Appears in 1 contract
No Excess Parachute Payments. Any No amount that could be received (whether in cash or property or the vesting of property) as a result of the any of transactions contemplated by this Agreement by any employee, officer or director of EVI Parent or any of its affiliates a Controlled Company who is a "disqualified individual" (as such term is defined in proposed Treasury Regulation Section 1-280G-11.280G-1) under any employment, severance or termination agreement, other compensation arrangement or EVI Designated Plan currently in effect would not be characterized as an "excess parachute payment" (as such term is defined in Section 280G(b)(1) of the Code).
Appears in 1 contract
No Excess Parachute Payments. Any No amount that could be received (whether in cash or property or the vesting of property) as a result of any of the transactions contemplated by this Agreement by any employee, officer or director of EVI Company or any of its affiliates who is a "disqualified individual" (as such term is defined in proposed Treasury Regulation regulation Section 1-280G-11.280G-1) under any employment, severance or termination agreement, other compensation arrangement or EVI Company Plan currently in effect would not be characterized as an "excess parachute payment" (as such term is defined in Section 280G(b)(1) of the Code).
Appears in 1 contract
Samples: Merger Agreement (Symbion Inc/Tn)