Reduction of Benefits. To the extent the aggregate present value of the Payments would exceed the Benefit Limit, the salary continuation payments will first be reduced, and then the accelerated vesting of the options (based on their parachute value under Code Section 280G) will be reduced, to the extent necessary to assure that such Benefit Limit is not exceeded.
Appears in 11 contracts
Samples: Employment Agreement (Tickets Com Inc), Employment Agreement (Tickets Com Inc), Employment Agreement (Tickets Com Inc)
Reduction of Benefits. To the extent the aggregate present value of the Payments would exceed the Benefit Limit, the salary continuation payments will first be reduced, and then the accelerated vesting of the options Equity Awards (based on their parachute value under Code Section 280G) will be reduced, to the extent necessary necessary, to assure that such Benefit Limit is not exceeded.
Appears in 7 contracts
Samples: Employment Agreement (Emcore Corp), Employment Agreement (Emcore Corp), Employment Agreement (Emcore Corp)