Refund of Excise Tax to Company. If, after the receipt by Executive of an amount advanced by the Company pursuant to Section 4.6.5(c), Executive becomes entitled to receive any refund with respect to such claim, Executive shall (subject to the Company's complying with the requirements of Section 4.6.5(c) hereof) promptly pay to the Company the amount of such refund, together with any and all interest paid or credited thereon after taxes applicable thereto. If, after the receipt by Executive of an amount advanced by the Company pursuant to Section 4.6.5(c) hereof a determination is made that Executive shall not be entitled to any refund with respect to such claim and the Company does not notify Executive in writing of its intent to contest such denial of refund prior to the expiration of thirty (30) days after such determination, then any obligation of Executive to repay such advance shall be forgiven and the amount of such advance shall offset, to the extent thereof, the amount of Gross-Up Payment required to be paid by the Company.
Appears in 7 contracts
Samples: Employment Agreement (Stage Stores Inc), Employment Agreement (Stage Stores Inc), Employment Agreement (Stage Stores Inc)
Refund of Excise Tax to Company. If, after the receipt by Executive of an amount advanced by the Company pursuant to Section 4.6.5(c4.6.4(c), Executive becomes entitled to receive any refund with respect to such claim, Executive shall (subject to the Company's complying with the requirements of Section 4.6.5(c4.6.4(c) hereof) promptly pay to the Company the amount of such refund, together with any and all interest paid or credited thereon after taxes applicable thereto. If, after the receipt by Executive of an amount advanced by the Company pursuant to Section 4.6.5(c4.6.4(c) hereof a determination is made that Executive shall not be entitled to any refund with respect to such claim and the Company does not notify Executive in writing of its intent to contest such denial of refund prior to the expiration of thirty (30) days after such determination, then any obligation of Executive to repay such advance shall be forgiven and the amount of such advance shall offset, to the extent thereof, the amount of Gross-Up Payment required to be paid by the Company.
Appears in 5 contracts
Samples: Employment Agreement (Stage Stores Inc), Employment Agreement (Stage Stores Inc), Employment Agreement (Stage Stores Inc)
Refund of Excise Tax to Company. If, after the receipt by Executive of an amount advanced by the Company pursuant to Section 4.6.5(c), Executive becomes entitled to receive any refund with respect to such claim, Executive shall (subject to the Company's complying with the requirements of Section 4.6.5(c) hereof) promptly pay to the Company the amount of such refund, together with any and all interest paid or credited thereon after taxes applicable thereto. If, after the receipt by Executive of an amount advanced by the Company pursuant to Section 4.6.5(c) hereof a determination is made that Executive shall not be entitled to any refund with respect to such claim and the Company does not notify Executive in writing of its intent to contest such denial of refund prior to the expiration of thirty (30) days after such determination, then any obligation of Executive to repay such advance shall be forgiven and the amount of such advance shall offset, to the extent thereof, the amount of Gross-Gross Up Payment required to be paid by the Company.
Appears in 2 contracts
Samples: Employment Agreement (Stage Stores Inc), Employment Agreement (Stage Stores Inc)
Refund of Excise Tax to Company. If, after the receipt by the Executive of an amount advanced by the Company pursuant to Section 4.6.5(c), the Executive becomes entitled to receive any refund with respect to such claim, the Executive shall (subject to the Company's ’s complying with the requirements of Section 4.6.5(c) hereof) promptly pay to the Company the amount of such refund, together with any and all interest paid or credited thereon after taxes applicable thereto. If, after the receipt by the Executive of an amount advanced by the Company pursuant to Section 4.6.5(c) hereof a determination is made that the Executive shall not be entitled to any refund with respect to such the claim and the Company does not notify the Executive in writing of its intent to contest such the denial of refund prior to the expiration of thirty (30) days after such the determination, then any obligation of the Executive to repay such the advance shall be forgiven and the amount of such the advance shall offset, to the extent thereof, the amount of Gross-Up Payment required to be paid by the Company.
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