Common use of Overpayment and Underpayment Clause in Contracts

Overpayment and Underpayment. As a result of uncertainty and complexities in applying Section 4999 of the Code, it is possible that there may be an Overpayment or an Underpayment. If the Accounting Firm, the Company (which includes the position taken by the Company or the Group on its federal income tax return), the Internal Revenue Service, or a court determines that there has been an Underpayment, the Company will pay you the Underpayment within 10 days of determination (but in any event no later than by the end of your taxable year next following the taxable year in which the Underpayment is remitted), together with interest at the applicable federal rate (as defined in Section 1274(d) of the Code) for the term of the Underpayment. If a final determination of a court or an Internal Revenue Service proceeding (that has been finally and conclusively resolved) establishes that there has been an Overpayment, the Overpayment will be deemed for all purposes to be a loan to you that was made on the date you received the Overpayment. You agree to repay the Overpayment on demand.

Appears in 4 contracts

Samples: Change in Control Agreement (Regions Financial Corp), Change in Control Agreement (Regions Financial Corp), Change in Control Agreement (Regions Financial Corp)

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Overpayment and Underpayment. As a result of uncertainty and complexities in applying Section 4999 of the Code, it is possible that there may be an Overpayment or an Underpayment. If the Accounting Firm, the Company (which includes the position taken by the Company or the Group on its federal income tax return), the Internal Revenue Service, or a court determines that there has been an Underpayment, the Company will pay you Executive the Underpayment within 10 days of determination (but in any event no later than by the end of your Executive’s taxable year next following the taxable year in which the Underpayment is remitted), together with interest at the applicable federal rate (as defined in Section 1274(d) of the Code) for the term of the Underpayment. If a final determination of a court or an Internal Revenue Service proceeding (that has been finally and conclusively resolved) establishes that there has been an Overpayment, the Overpayment will be deemed for all purposes to be a loan to you Executive that was made on the date you Executive received the Overpayment. You agree Executive agrees to repay the Overpayment on demand...

Appears in 2 contracts

Samples: Executive Change in Control Agreement (Gardner Denver Inc), Executive Change in Control Agreement (Gardner Denver Inc)

Overpayment and Underpayment. As a result of uncertainty and complexities in applying Section 4999 of the Code, it is possible that there may be an Overpayment or an Underpayment. If the Accounting Firm, the Company (which includes the position taken by the Company or the Group on its federal income tax return), the Internal Revenue Service, or a court determines that there has been an Underpayment, the Company will pay you Executive the Underpayment within 10 days of determination (but in any event no later than by the end of your Executive’s taxable year next following the taxable year in which the Underpayment is remitted), together with interest at the applicable federal rate (as defined in Section 1274(d) of the Code) for the term of the Underpayment. If a final determination of a court or an Internal Revenue Service proceeding (that has been finally and conclusively resolved) establishes that there has been an Overpayment, the Overpayment will be deemed for all purposes to be a loan to you Executive that was made on the date you Executive received the Overpayment. You agree Executive agrees to repay the Overpayment on demand.

Appears in 1 contract

Samples: Executive Change in Control Agreement (Gardner Denver Inc)

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Overpayment and Underpayment. As a result of uncertainty and complexities in applying Section 4999 of the Code, it is possible that there may be an Overpayment or an Underpayment. If the Accounting Firm, the Company (which includes the position taken by the Company or the Group on its federal income tax return), the Internal Revenue Service, or a court determines that there has been an Underpayment, the Company will pay you Executive the Underpayment within 10 ten (10) days of determination (but in any event no later than by the end of your Executive’s taxable year next following the taxable year in which the Underpayment is remitted), together with interest at the applicable federal rate (as defined in Section 1274(d) of the Code) for the term of the Underpayment. If a final determination of a court or an Internal Revenue Service proceeding (that has been finally and conclusively resolved) establishes that there has been an Overpayment, the Overpayment will be deemed for all purposes to be a loan to you Executive that was made on the date you Executive received the Overpayment. You agree Executive agrees to repay the Overpayment on demand.

Appears in 1 contract

Samples: Executive Change in Control Agreement (Gardner Denver Inc)

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