Parachute Tax Gross Up. (i) Subject to Section 9.6(e)(ii) below, if the Total Payments would result in the imposition of a Parachute Excise Tax on Employee, the Company will make an additional payment to Employee in an amount such that, after the payment of all federal and state income, employment and excise taxes on both the Total Payments and the additional payment made pursuant to this Section 9.6(e)(i), Employee will be in the same after-tax position as if no Parachute Excise Tax had been imposed.
Appears in 2 contracts
Samples: Employment Agreement (Mothers Work Inc), Employment Agreement (Mothers Work Inc)
Parachute Tax Gross Up. (i) Subject to Section 9.6(e)(ii9.6(d)(ii) below, if the Total Payments would result in the imposition of a Parachute Excise Tax on Employee, the Company will make an additional payment to Employee in an amount such that, after the payment of all federal and state income, employment and excise taxes on both the Total Payments and the additional payment made pursuant to this Section 9.6(e)(i9.6(d)(i), Employee will be in the same after-tax position as if no Parachute Excise Tax had been imposed.
Appears in 2 contracts
Samples: Employment Agreement (Mothers Work Inc), Employment Agreement (Mothers Work Inc)