Common use of Sections 280G and 4999 of the Code Clause in Contracts

Sections 280G and 4999 of the Code. In the event that the Executive Officer becomes entitled to any payment or benefit under this Agreement (such benefits together with any other payments or benefits payable to the Executive Officer under any other agreement with the Executive Officer, or plan or policy of the Company, are referred to in the aggregate as the “Total Payments”), if all or any part of the Total Payments will be subject to the tax imposed by Section 4999 of the Internal Revenue Code of 1986, as amended, and all regulations, interpretations and administrative guidance issued thereunder (the “Code”), or any similar tax that may hereafter be imposed (the “Excise Tax”), then:

Sections 280G and 4999 of the Code. In the event that the Executive Officer becomes entitled to any payment or benefit under this Agreement (such benefits together with any other payments or benefits payable to the Executive Officer under any other agreement with the Executive OfficerExecutive, or plan or policy of the Company, are referred to in the aggregate as the “Total Payments”), if all or any part of the Total Payments will be subject to the tax imposed by Section 4999 of the Internal Revenue Code of 1986, as amended, and all regulations, interpretations and administrative guidance issued thereunder (the “Code”), or any similar tax that may hereafter be imposed (the “Excise Tax”), then:

Sections 280G and 4999 of the Code. In the event that the Executive Officer becomes entitled to any payment or benefit under this Agreement (such benefits together with any other payments or benefits payable to the Executive Officer under any other agreement with the Executive OfficerExecutive, or plan or policy of the Company, are referred to in the aggregate as the “Total Payments”), if all or any part of the Total Payments will be subject to the tax imposed by Section 4999 of the Internal Revenue Code of 1986, as amended, and all regulations, interpretations and administrative guidance issued thereunder (the “Code”), or any similar tax that may hereafter be imposed (the “Excise Tax”), then: