Payment of Additional Amount. If any principal of a LIBO Rate Loan shall be repaid (whether upon mandatory or voluntary prepayment, reduction of the Aggregate Revolving Loan Commitment after acceleration or for any other reason) or converted to a Base Rate Loan prior to the last day of the Interest Period applicable to such LIBO Rate Loan or if the Borrower fails for any reason to borrow a LIBO Rate Loan after giving irrevocable notice pursuant to Section 2.4, it shall pay to each Bank, in addition to the principal and interest then to be paid, such additional amounts as may be necessary to compensate each Bank for all direct and indirect costs and losses (including losses resulting from redeployment of prepaid or unborrowed funds at rates lower than the cost of such funds to such Bank, and including lost profits incurred or sustained by such Bank) as a result of such repayment or failure to borrow (the “Additional Amount”). The Additional Amount (which each Bank shall take reasonable measures to minimize) shall be specified in a written notice or certificate delivered to the Borrower by the Administrative Agent in the form provided by each Bank sustaining such costs or losses. Such notice or certificate shall contain a calculation in reasonable detail of the Additional Amount to be compensated and shall be conclusive as to the facts and the amounts stated therein, absent manifest error.
Payment of Additional Amount. If in the opinion of tax counsel selected by the Executive and reasonably acceptable to the Company, the Executive has received or will receive any compensation or recognize any income from the Company or any of its affiliates (whether pursuant to this Agreement or otherwise) which in the opinion of counsel will constitute an "excess parachute payment" within the meaning of Section 280G(b)(1) of the Code (or for which a tax is otherwise payable under Section 4999 of the Code), then Mississippi shall pay the Executive an additional amount (the "Additional Amount") equal to the sum of (i) all taxes payable by the Executive under Section 4999 of the Code with respect to all such excess parachute payments and any such Additional Amount, plus (ii) all federal, state and local income taxes payable by Executive with respect to any such Additional Amount; provided, however, that in no event shall the aggregate amount determined or paid to Executive under this Section 9(b) and Section 9(a) (disregarding, for this purpose, any portion of the Additional Amount attributable to the conversion of Executive's shares of Mississippi Voting Preference Stock) exceed $26,000,000, less all income tax, excise tax and other gross-up payments paid or payable to other executives of the Company or to present or former employees of Mississippi under Section 6.2(b)(iii)(F) of the Merger Agreement. Any amounts payable pursuant to this Section shall be paid by Mississippi to the Executive within 30 days of each written request therefor made by the Executive.
Payment of Additional Amount. Section 6.5.2 shall only apply if each of the following applies: (i) Licensor has not changed its tax residency from that represented in Section 10.1.6; (ii) Licensor is the beneficial owner of the Payments; and (iii) at the time a Payment is due, the aggregate of Payments (in the event not including such Payment) paid by the Licensee since the Effective Date does not exceed $250,000,000 (the “Threshold Amount”).
Payment of Additional Amount. Section 11.6(b) shall only apply if each of the following applies: (i) Receiving Party has not changed its tax residency from that represented in Section 13.1(h); (ii) Receiving Party is the beneficial owner of the Payments; and (iii) at the time a Payment is due, the aggregate of Payments (in the event not including such Payment) paid by the Payer Party since the Effective Date does not exceed $250,000,000, excluding the upfront payment of $400,000,000 provided for under the provisions of Section 11.1 (the “Threshold Amount”).
Payment of Additional Amount. Section 5.01 (a) The Company shall pay to the holder of such Notes that are beneficially owned by a United States Alien Holder such additional amounts, as may be necessary, so that every net payment of principal of and interest of such Notes, after deduction or withholding for or on account of any present or future tax, assessment or other governmental charge imposed upon or as a result of such payment by the United States or any taxing authority thereof or therein, shall not be less than the amount provided in such Notes to be then due and payable. The Company shall not be required, however, to make any payment of additional amounts for or on account of:
Payment of Additional Amount. Lessee shall pay Lessor an additional $100,000 at Closing. Such amount shall be used by Lessor to pay a portion of the obligations of Lessor to Leon Xxxxxx xxxsuant to his severance arrangements with Lessor.
Payment of Additional Amount. Lessee shall pay Lessor an additional amount at Closing equal to the amount required to pay off the Bond Financing. Lessor and Lessee anticipate that such amount will be approximately $600,000 at Closing. Such amount shall be used by Lessor to pay off or defease the Bond Financing at Closing.
Payment of Additional Amount. Notwithstanding anything to the contrary contained in this Agreement, in any plan of the Company, or in any other agreement or understanding, following a "change in control" (as defined in Section 280G of the Code) will pay to the Executive, at the times herein specified, an amount (the "Additional Amount") equal to the excise tax under Section 4999 of the Code, if any, incurred or to be incurred by the Executive by reason of the payments under this Agreement, acceleration of vesting of stock options, stock appreciation rights or restricted stock granted under the Company's various stock option, stock appreciation or other employee incentive plans, or payments under any other plan, agreement or understanding between the Executive and the Company, constituting Excess Parachute Payments, plus all excise taxes and federal, state and local income taxes incurred or to be incurred by the Executive with respect to receipt of the Additional Amount. Attached hereto as Exhibit B is an example illustrating the computation of the Additional Amount.
Payment of Additional Amount. In addition to the lump-sum payment described in Section 3.1.2, the Executive's beneficiary shall receive an annual benefit under this Section 3.1.3 provided that the Executive dies while employed with Company prior to attaining his Normal Retirement Age. If the Executive dies prior to attaining his Normal Retirement Age (i.e. no benefits under this Section 3.1.3 are paid if the Executive dies on or after his Normal Retirement Age), the Company shall pay the Executive's beneficiary an annual benefit which is calculated at the end of each Plan Year equal to the increase in the Retirement Account for the Plan Year. The benefit payments will be paid annually within sixty (60) days after the end of the Plan Year for which the payment is calculated. Benefits under this Section 3.1.3 shall commence at the end of the Plan Year in which the Executive's death occurs and continue for the number of years specified on Schedule A in the column entitled "Death Benefit Payout Period."
Payment of Additional Amount. Section 5.4(b) shall only apply if each of the following applies: (i) AbbVie has not changed its tax residency from that represented in Section 7.1(e); and (ii) AbbVie is the beneficial owner of the Payments.
