Common use of Refund of Gross-Up Payment Clause in Contracts

Refund of Gross-Up Payment. If, after the receipt by the Executive of an amount advanced by the Bank pursuant to this Amended Agreement, the Executive becomes entitled to receive any refund with respect to such claim, the Executive shall (subject to the Bank’s complying with the requirements of Section (b) above), promptly pay to the Bank the amount of such refund (together with any interest paid or credited thereon after taxes applicable thereto). If, after the receipt by the Executive of an amount advanced by the Bank pursuant to Section (b) above; a determination is made that the Executive shall not be entitled to any refund with respect to such claim and the Bank does not notify the Executive in writing of its intent to contest such denial of refund prior to the expiration of 30 days after such determination, then such advance shall be forgiven and shall not be required to be repaid and the amount of such advance shall offset, to the extent thereof, the amount of Gross-Up Payment required to be paid. Litigation Expenses

Appears in 8 contracts

Samples: Employment Agreement (Hampton Roads Bankshares Inc), Employment Agreement (Hampton Roads Bankshares Inc), Employment Agreement (Hampton Roads Bankshares Inc)

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Refund of Gross-Up Payment. If, after the receipt by the Executive Officer of an amount advanced by the Bank Employer pursuant to this Amended Agreement, the Executive Officer becomes entitled to receive any refund with respect to such claim, the Executive Officer shall (subject to the BankEmployer’s complying with the requirements of Section Paragraph (b) above), promptly pay to the Bank Employer the amount of such refund (together with any interest paid or credited thereon after taxes applicable thereto). If, after the receipt by the Executive Officer of an amount advanced by the Bank Employer pursuant to Section Paragraph (b) above; , a determination is made that the Executive Officer shall not be entitled to any refund with respect to such claim and the Bank Employer does not notify the Executive Officer in writing of its intent to contest such denial of refund prior to the expiration of 30 thirty (30) days after such determination, then such advance shall be forgiven and shall not be required to be repaid and the amount of such advance shall offset, to the extent thereof, the amount of a Gross-Up Payment required to be paid. Litigation Expenses.

Appears in 1 contract

Samples: Employment Agreement (Hampton Roads Bankshares Inc)

Refund of Gross-Up Payment. If, after the receipt by the Executive Officer of an amount advanced by the Bank pursuant to this Amended Agreement, the Executive Officer becomes entitled to receive any refund with respect to such claim, the Executive Officer shall ([subject to the Bank’s complying with the requirements of Section Subsection (b) above)], promptly pay to the Bank the amount of such refund (together with any interest paid or credited thereon after taxes applicable thereto). If, after the receipt by the Executive Officer of an amount advanced by the Bank pursuant to Section Subsection (b) above; , a determination is made that the Executive Officer shall not be entitled to any refund with respect to such claim and the Bank does not notify the Executive Officer in writing of its intent to contest such denial of refund prior to the expiration of 30 thirty (30) days after such determination, then such advance shall be forgiven and shall not be required to be repaid and the amount of such advance shall offset, to the extent thereof, the amount of Gross-Up Payment required to be paid. Litigation Expenses.

Appears in 1 contract

Samples: Employment Agreement (Hampton Roads Bankshares Inc)

Refund of Gross-Up Payment. If, after the receipt by the Executive of an amount advanced by the Bank Employer pursuant to this Amended Agreement, the Executive becomes entitled to receive any refund with respect to such claim, the Executive shall ([subject to the BankEmployer’s complying with the requirements of Section Subsection (b) above)], promptly pay to the Bank Employer the amount of such refund (together with any interest paid or credited thereon after taxes applicable thereto). If, after the receipt by the Executive of an amount advanced by the Bank Employer pursuant to Section Subsection (b) above; , a determination is made that the Executive shall not be entitled to any refund with respect to such claim and the Bank Employer does not notify the Executive in writing of its intent to contest such denial of refund prior to the expiration of 30 thirty (30) days after such determination, then such advance shall be forgiven and shall not be required to be repaid and the amount of such advance shall offset, to the extent thereof, the amount of Gross-Up Payment required to be paid. Litigation Expenses.

Appears in 1 contract

Samples: Employment Agreement (Hampton Roads Bankshares Inc)

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Refund of Gross-Up Payment. If, after the receipt by the Executive Officer of an amount advanced by the Bank Employer pursuant to this Amended Agreement, the Executive Officer becomes entitled to receive any refund with respect to such claim, the Executive Officer shall (subject to the BankEmployer’s complying with the requirements of Section Paragraph (b) above), promptly pay to the Bank Employer the amount of such refund (together with any interest paid or credited thereon after taxes applicable thereto). If, after the receipt by the Executive Officer of an amount advanced by the Bank Employer pursuant to Section Paragraph (b) above; , a determination is made that the Executive Officer shall not be entitled to any refund with respect to such claim and the Bank Employer does not notify the Executive Officer in writing of its intent to contest such denial of refund prior to the expiration of 30 thirty (30) days after such determination, then such advance shall be forgiven and shall not be required to be repaid and the amount of such advance shall offset, to the extent thereof, the amount of Gross-Up Payment required to be paid. Litigation Expenses.

Appears in 1 contract

Samples: Employment Agreement (Hampton Roads Bankshares Inc)

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