Common use of Possible Underpayment Clause in Contracts

Possible Underpayment. As a result of the uncertainty in the application of Section 4999 of the Code at the time of the initial determination by the Accounting Firm, it is possible that Commerce may not make Gross-Up Payments that should be made (“Underpayment”).

Appears in 3 contracts

Samples: Employment Agreement (Commerce Bancorp Inc /Nj/), Employment Agreement (Pennsylvania Commerce Bancorp Inc), Employment Agreement (Pennsylvania Commerce Bancorp Inc)

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Possible Underpayment. As a result of the uncertainty in the application of Section 4999 of the Code at the time of the initial determination by the Accounting Firm, it is possible that Commerce the Company may not make Gross-Up Payments that should be made ("Underpayment").

Appears in 1 contract

Samples: Agreement (Republic First Bancorp Inc)

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