Reduction in Benefits. Unless the Participant and the Company agree otherwise in writing, in the event that the Participant would incur an Excise Tax on any payments or benefits under this Agreement as a result of a Change of Control (or any other change described in Section 280G(b)(2) of the Code), the Company shall reduce the payments or benefits to be paid to or
Appears in 11 contracts
Samples: Director Restricted Stock Grant Agreement (Baltic Trading LTD), Director Restricted Stock Grant Agreement (Genco Shipping & Trading LTD), Restricted Stock Grant Agreement (Genco Shipping & Trading LTD)
Reduction in Benefits. Unless the Participant and the Company agree otherwise in writing, in the event that the Participant would incur an Excise Tax on any payments or benefits under this Agreement as a result of a Change of Control (or any other change described in Section 280G(b)(2) of the Code), the Company shall reduce the payments or benefits to be paid to orchange
Appears in 3 contracts
Samples: Restricted Stock Grant Agreement (Baltic Trading LTD), Director Restricted Stock Grant Agreement (Genco Shipping & Trading LTD), Director Restricted Stock Grant Agreement (Baltic Trading LTD)