Refunds and Repayments. If, after the receipt by the Executive of an amount advanced by the Company pursuant to Section 12(b)(2) above, the Executive becomes entitled to receive any refund with respect to such claim, the Executive shall (subject to the Company’s complying with the requirements of this Section 12(b) promptly pay to the Company 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 Company pursuant to Section 12(b)(2) above, a determination is made that the Executive shall not be entitled to any refund with respect to such claim and the Company 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.
Appears in 2 contracts
Samples: Employment Agreement (Perry Ellis International Inc), Employment Agreement (All American Pet Company, Inc.)
Refunds and Repayments. If, after the receipt by the Executive of an amount advanced by the Company pursuant to Section 12(b)(2) above, the Executive becomes entitled to receive any refund with respect to such claim, the Executive shall (subject to the Company’s complying with the requirements of this Section 12(b) promptly pay to the Company the amount of such refund (together with any interest paid or credited thereon [Missing Graphic Reference] Bxxxx Xxxxxxxx- EXECUTION COPY after taxes applicable thereto). If, after the receipt by the Executive of an amount advanced by the Company pursuant to Section 12(b)(2) above, a determination is made that the Executive shall not be entitled to any refund with respect to such claim and the Company 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.
Appears in 1 contract
Samples: Employment Agreement (All American Pet Company, Inc.)
Refunds and Repayments. If, after the receipt by the Executive of an amount advanced by the Company pursuant to Section 12(b)(2) above, the Executive becomes entitled to receive any refund with respect to such claim, the Executive shall (subject to the Company’s complying with the requirements of this Section 12(b) promptly pay to the Company the amount of such refund (together with any interest paid or credited thereon EXECUTION COPY after taxes applicable thereto). If, after the receipt by the Executive of an amount advanced by the Company pursuant to Section 12(b)(2) above, a determination is made that the Executive shall not be entitled to any refund with respect to such claim and the Company 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.
Appears in 1 contract
Samples: Employment Agreement (Perry Ellis International Inc)