Common use of Section 83(b) Clause in Contracts

Section 83(b). If the Executive properly elects (as required by Section 83(b) of the Internal Revenue Code of 1986, as amended) within thirty (30) days after the issuance of the Restricted Stock to include in gross income for federal income tax purposes in the year of issuance the fair market value of such Restricted Stock, the Executive shall pay to the Company or make arrangements satisfactory to the Company to pay to the Company upon such election, any federal, state or local taxes required to be withheld with respect to such Restricted Stock. If the Executive shall fail to make such payment, the Company shall, to the extent permitted by law, have the right to deduct from any payment of any kind otherwise due to the Executive any federal, state or local taxes of any kind required by law to be withheld with respect to such Restricted Stock, as well as the rights set forth in Section 3.6(c) hereof. The Executive acknowledges that it is his sole responsibility, and not the Company's, to file timely the election under Section 83(b) of the Internal Revenue Code of 1986, as amended, and any corresponding provisions of state tax laws if he elects to utilize such election.

Appears in 4 contracts

Samples: Restricted Stock Award Agreement (Foot Locker Inc), Restricted Stock Award Agreement (Foot Locker Inc), Restricted Stock Award Agreement (Foot Locker Inc)

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Section 83(b). If the Executive properly elects (as required by Section 83(b) of the Internal Revenue Code of 1986, as amended) within thirty (30) days after the issuance of the Restricted Stock to include in gross income for federal income tax purposes in the year of issuance the fair market value of such Restricted Stock, the Executive shall pay to the Company or make arrangements satisfactory to the Company to pay to the Company upon such election, any federal, state or local taxes required to be withheld with respect to such Restricted Stock. If the Executive shall fail to make such payment, the Company shall, to the extent permitted by law, have the right to deduct from any payment of any kind otherwise due to the Executive any federal, state or local taxes of any kind required by law to be withheld with respect to such Restricted Stock, as well as the rights set forth in Section 3.6(c) hereof. The Executive acknowledges that it is his sole responsibility, and not the Company's’s, to file timely the election under Section 83(b) of the Internal Revenue Code of 1986, as amended, and any corresponding provisions of state tax laws if he elects to utilize such election.

Appears in 3 contracts

Samples: Restricted Stock Award Agreement (Foot Locker Inc), Restricted Stock Award Agreement (Foot Locker Inc), Restricted Stock Award Agreement (Foot Locker Inc)

Section 83(b). If the Executive Participant properly elects (as required permitted by Section 83(b) of the Internal Revenue Code of 1986, as amendedCode) within thirty (30) 30 days after the issuance Grant Date of the Restricted Stock to include in gross income for federal income tax purposes in the year of issuance the fair market value of all or a portion of such Restricted Stock, the Executive Participant shall pay to the Company or make arrangements satisfactory to the Company to pay to the Company upon such election, any federal, state or local taxes required to be withheld with respect to such the applicable Restricted Stock. If the Executive Participant shall fail to make such payment, the Company shall, to the extent permitted by law, have the right to deduct from any payment of any kind otherwise due to the Executive Participant any federal, state or local taxes of any kind required by law to be withheld with respect to such the Restricted Stock, as well as the rights set forth in Section 3.6(c3(e) hereof. The Executive Participant acknowledges that it is his the Participant’s sole responsibility, and not the Company's’s, to file timely and properly the election under Section 83(b) of the Internal Revenue Code of 1986, as amended, and any corresponding provisions of state tax laws if he the Participant elects to utilize such election.

Appears in 3 contracts

Samples: Non Employee Director Restricted Stock Agreement (Take Two Interactive Software Inc), Restricted Stock Agreement (Take Two Interactive Software Inc), Restricted Stock Agreement (Take Two Interactive Software Inc)

Section 83(b). If the Executive properly elects (as required by Section 83(b) of the Internal Revenue Code of 1986, as amended) within thirty (30) days after the issuance of the Restricted Stock to include in gross income for federal income tax purposes in the year of issuance the fair market value of such Restricted Stock, the Executive shall pay to the Company or make arrangements satisfactory to the Company to pay to the Company upon such election, any federal, state or local taxes required to be withheld with respect to such Restricted Stock. If the Executive shall fail to make such payment, the Company shall, to the extent permitted by law, have the right to deduct from any payment of any kind otherwise due to the Executive any federal, state or local taxes of any kind required by law to be withheld with respect to such Restricted Stock, as well as the rights set forth in Section 3.6(c) hereof. The Executive acknowledges that it is his sole responsibility, and not the Company's, to file timely the election under Section 83(b) of the Internal Revenue Code of 1986, as amended, and any corresponding provisions of state tax laws if he elects to utilize such election.

Appears in 2 contracts

Samples: Restricted Stock Award Agreement (Foot Locker Inc), Restricted Stock Award Agreement (Foot Locker Inc)

Section 83(b). If the Executive Participant properly elects (as required by Section 83(b) of the Internal Revenue Code of 1986, as amendedCode) within thirty (30) days after the issuance of the Restricted Stock to include in gross income for federal income tax purposes in the year of issuance the fair market value Fair Market Value of such shares of Restricted Stock, the Executive Participant shall pay to the Company or make arrangements satisfactory to the Company to pay to the Company upon such election, any federal, state or local taxes required to be withheld with respect to such the Restricted Stock. If the Executive Participant shall fail to make such payment, the Company shall, to the extent permitted by law, have the right to deduct from any payment of any kind otherwise due to the Executive Participant any federal, state or local taxes of any kind required by law to be withheld with respect to such the Restricted Stock, as well as the rights set forth in Section 3.6(c) hereof. The Executive Participant acknowledges that it is his the Participant’s sole responsibility, and not the Company's’s, to file timely and properly the election under Section 83(b) of the Internal Revenue Code of 1986, as amended, and any corresponding provisions of state tax laws if he the Participant elects to utilize make such election, and the Participant agrees to provide the Company with a copy of any such election within ten (10) calendar days of making such an election.

Appears in 2 contracts

Samples: Restricted Stock Award Agreement (Mackinac Financial Corp /Mi/), Restricted Stock Award Agreement (Mackinac Financial Corp /Mi/)

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Section 83(b). If the Executive Employee properly elects (as required permitted by Section 83(b) of the Internal Revenue Code of 1986, as amendedCode) within thirty (30) 30 days after the issuance of the Restricted Stock Grant Date to include in gross income for federal income tax purposes in the year of issuance the fair market value of all or a portion of such Restricted Stock, the Executive Employee shall pay to the Company or make arrangements satisfactory to the Company to pay to the Company upon such election, any federal, state or local taxes required to be withheld with respect to such the applicable Restricted Stock. If the Executive Employee shall fail to make such payment, the Company shall, to the extent permitted by law, have the right to deduct from any payment of any kind otherwise due to the Executive Employee any federal, state or local taxes of any kind required by law to be withheld with respect to such the Restricted Stock, as well as the rights set forth in Section 3.6(c) hereof3(h). The Executive Employee acknowledges that it is his the Employee’s sole responsibility, and not the Company's, to file timely and properly the election under Section 83(b) of the Internal Revenue Code of 1986, as amended, and any corresponding provisions of state tax laws if he the Employees elects to utilize such election.

Appears in 2 contracts

Samples: Restricted Stock Agreement (Western Liberty Bancorp), Restricted Stock Agreement (Western Liberty Bancorp)

Section 83(b). If the Executive properly elects (as required by Section 83(b) of the Internal Revenue Code of 1986, as amendedCode) within thirty (30) 30 days after the issuance of the Restricted Stock to include in gross income for federal income tax purposes in the year of issuance the fair market value of such shares of Restricted Stock, the Executive shall pay to the Company or make arrangements satisfactory to the Company to pay to the Company upon such election, any federal, state or local taxes required to be withheld with respect to such the Restricted Stock. If the Executive shall fail to make such payment, the Company shall, to the extent permitted by law, have the right to deduct from any payment of any kind otherwise due to the Executive any federal, state or local taxes of any kind required by law to be withheld with respect to such the Restricted Stock, as well as the rights set forth in Section 3.6(c) hereof10. The Executive acknowledges that it is his the Executive’s sole responsibility, and not the Company's’s, to file timely and properly the election under Section 83(b) of the Internal Revenue Code of 1986, as amended, and any corresponding provisions of state tax laws if he the Executive elects to utilize such election.

Appears in 1 contract

Samples: Restricted Stock Award Agreement (Charah Solutions, Inc.)

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