Section 280G Matters. If the benefits described in Section 4 or 5 herein, as applicable, would otherwise constitute a parachute payment under Section 280G of the Internal Revenue Code of 1986, as amended (the “Code”), and but for this Section would be subject to the excise tax imposed by Section 4999 of the Code (the “Excise Tax”), Executive shall either:
Appears in 2 contracts
Samples: Amd Amended Management Agreement (Rudolph Technologies Inc), Rudolph Technologies (Rudolph Technologies Inc)
Section 280G Matters. If the benefits described in Section 3 or 4 or 5 herein, as applicable, would otherwise constitute a parachute payment under Section 280G of the Internal Revenue Code of 1986, as amended (the “Code”), and but for this Section would be subject to the excise tax imposed by Section 4999 of the Code (the “Excise Tax”), Executive shall either:
Appears in 1 contract
Samples: Executive Change of Control Agreement (Rudolph Technologies Inc)
Section 280G Matters. If the benefits described in Section 4 2 or 5 3 herein, as applicable, would otherwise constitute a parachute payment under Section 280G of the Internal Revenue Code of 1986, as amended (the “Code”), and but for this Section would be subject to the excise tax imposed by Section 4999 of the Code (the “Excise Tax”), Executive shall either:
Appears in 1 contract
Samples: Executive Change of Control Agreement (Rudolph Technologies Inc)
Section 280G Matters. If the benefits described in Section Sections 4 or 5 and 6 herein, as applicable, or which are otherwise payable to Executive by the Company, would otherwise constitute a parachute payment under Section 280G of the Internal Revenue Code of 1986, as amended (the “Code”), and but for this Section would be subject to the excise tax imposed by Section 4999 of the Code (the “Excise Tax”), Executive shall either:
Appears in 1 contract
