Tax Implications. If any payment due to the Executive pursuant to this Agreement result in a tax being imposed on the Executive pursuant to Section 4999 of the Internal Revenue Code of 1954, as amended, or any successor provision ("Section 4999"), then the Corporation shall, at the Executive's option, either (i) reduce the total payments payable to the Executive to the maximum amount payable without incurring the Section 4999 tax, or (ii) pay to the Executive the total amount payable, with the understanding that Section 4999 tax will be due on that total amount.
Appears in 12 contracts
Samples: Executive Compensation Agreement (Tollgrade Communications Inc \Pa\), Executive Employment Agreement (Tollgrade Communications Inc \Pa\), Executive Compensation Agreement (Tollgrade Communications Inc \Pa\)
Tax Implications. If any payment due to the Executive pursuant to this Agreement result in a tax being imposed on the Executive pursuant to Section 4999 of the Internal Revenue Code of 1954, as amended, or any successor provision ("“Section 4999"”), then the Corporation shall, at the Executive's ’s option, either (i) reduce the total payments payable to the Executive to the maximum amount payable without incurring the Section 4999 tax, or (ii) pay to the Executive the total amount payable, with the understanding that Section 4999 tax will be due on that total amount.
Appears in 5 contracts
Samples: Executive Employment Agreement (Tollgrade Communications Inc \Pa\), Executive Employment Agreement (Tollgrade Communications Inc \Pa\), Executive Employment Agreement (Tollgrade Communications Inc \Pa\)