Common use of Parachute Payment Clause in Contracts

Parachute Payment. In the event that the receipt of the Restricted Stock or the lapse of any Forfeiture Restrictions would constitute a parachute payment (within the meaning of section 280G of the Code) at a time when the Employee's Severance Agreement, if any, with the Company that is in effect as of the date hereof (or any successor agreement) is in effect, then the amount of such parachute payment shall be treated as a payment to the Employee for purposes of determining the amount of any gross-up payment to be made to the Employee under the terms of any such Severance Agreement (or any successor agreement) with respect to the excise tax imposed by Section 4999 of the Code.

Appears in 4 contracts

Samples: Restricted Stock Agreement (Forest Oil Corp), Restricted Stock Agreement (Forest Oil Corp), Restricted Stock Agreement (Forest Oil Corp)

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Parachute Payment. In the event that the receipt of the Restricted Phantom Stock Units or the lapse of any Forfeiture Restrictions would constitute a parachute payment (within the meaning of section 280G of the Code) at a time when the Employee's Severance Agreement, if any, with the Company that is in effect as of the date hereof Date of Grant (or any successor agreement) is in effect, then the amount of such parachute payment shall be treated as a payment to the Employee for purposes of determining the amount of any gross-up payment to be made to the Employee under the terms of any such Severance Agreement (or any successor agreement) with respect to the excise tax imposed by Section 4999 of the Code.

Appears in 3 contracts

Samples: Phantom Stock Unit Agreement (Forest Oil Corp), Phantom Stock Unit Agreement (Forest Oil Corp), Phantom Stock Unit Agreement (Forest Oil Corp)

Parachute Payment. In the event that the receipt of the Restricted Stock Shares or the lapse of any Forfeiture Restrictions would constitute a parachute payment (within the meaning of section 280G of the Code) at a time when the Employee's Severance Agreement’s severance agreement, if any, with the Company that is in effect as of the date hereof (or any successor agreement) is in effect, then the amount of such parachute payment shall be treated as a payment to the Employee for purposes of determining the amount of any gross-up payment to be made to the Employee under the terms of any such Severance Agreement severance agreement (or any successor agreement) with respect to the excise tax imposed by Section 4999 of the Code.

Appears in 2 contracts

Samples: Restricted Stock Agreement (Carbon Natural Gas Co), Restricted Stock Agreement (Carbon Natural Gas Co)

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Parachute Payment. In the event that the receipt of the Restricted Stock Shares or the lapse of any Forfeiture Restrictions would constitute a parachute payment (within the meaning of section 280G of the Code) at a time when the Employee's Severance Agreement, if any, Agreement with the Company that is in effect as of the date hereof (or any successor agreement) is in effect, then the amount of such parachute payment shall be treated as a payment to the Employee for purposes of determining the amount of any gross-up payment to be made to the Employee under the terms of any such Severance Agreement (or any successor agreement) with respect to the excise tax imposed by Section 4999 of the Code.

Appears in 2 contracts

Samples: Restricted Stock Agreement (Forest Oil Corp), Restricted Stock Agreement (Forest Oil Corp)

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