Common use of Time of Certain Payments Clause in Contracts

Time of Certain Payments. The payments provided to the Executive or for the Executive's benefit in Sections 9 and 8(c) (other than 8(c)(iii)(B), 8(c)(v), 8(c)(vi), and 8(c)(viii)) hereof shall be made not later than the fifth (5th) business day following the Date of Termination (or, if earlier, in the case of payments provided in Section 9 hereof, not later than the fifth (5th) business day following the Executive's receipt of an excess parachute payment, within the meaning of section 4999 of the Code); provided, however, that if the amounts of such payments cannot be finally determined on or before such day, the Company shall pay to the Executive on such day an estimate of the payments under Section 8(c), as determined in good faith by the Executive, and an estimate of the payments under Section 9 hereof, as determined in accordance with Section 9 hereof, the estimate in each case to be of the minimum amount of such payments to which the Executive is clearly entitled, and shall pay the remainder of such payments (together with interest on the unpaid remainder (or on all such payments to the extent the Company fails to make such payments when due) at 120% of the rate provided in section 1274(b)(2)(B) of the Code) as soon as the amount thereof can be determined but in no event later than the thirtieth (30th) day after the Date of Termination (or, if earlier, the thirtieth (30th) day after the date of the Executive's receipt of an excess parachute payment). In the event that the amount of the estimated payments exceeds the amount subsequently determined to have been due, such excess shall constitute a loan by the Company to the Executive, payable on the fifth (5th) business day after demand by the Company (together with interest at 120% of the rate provided in section 1274(b)(2)(B) of the Code). At the time that payments are made under this Agreement, the Company shall provide the Executive with a

Time of Certain Payments. The payments provided to the Executive Chairman or ------------------------ for the ExecutiveChairman's benefit in Sections 9 and 8(c) (other than 8(c)(iii)(B), 8(c)(v), 8(c)(vi), and 8(c)(viii)8(b)(i) hereof (and Section 8(b)(ii) hereof if made in a lump sum) shall be made not later than the fifth tenth (5th10th) business day following the Date of Termination (or, if earlier, in the case of payments provided in Section 9 hereof, not later than the fifth tenth (5th10th) business day following the ExecutiveChairman's receipt of an excess parachute payment, within the meaning of section 4999 of the Code); provided, however, that if the amounts of such payments cannot be finally determined on or before such day, the Company shall pay to the Executive Chairman on such day an estimate of the payments under Section 8(c8(b)(i) (and Section 8(b)(ii) if applicable), as determined in good faith by the ExecutiveChairman, and an estimate of the payments under Section 9 hereof, as determined in accordance with Section 9 hereof, the estimate in each case to be of the minimum amount of such payments to which the Executive Chairman is clearly entitled, and shall pay the remainder of such payments (together with interest on the unpaid remainder (or on all such payments to the extent the Company fails to make such payments when due) at 120% of the rate provided in section 1274(b)(2)(B) of the Code) as soon as the amount thereof can be determined but in no event later than the thirtieth (30th) day after the Date of Termination (or, if earlier, the thirtieth (30th) day after the date of the ExecutiveChairman's receipt of an excess parachute payment). In the event that the amount of the estimated payments exceeds the amount subsequently determined to have been due, such excess shall constitute a loan by the Company to the ExecutiveChairman, payable on the fifth (5th) business day after demand by the Company (together with interest at 120% of the rate provided in section 1274(b)(2)(B) of the Code). At the time that payments are made under this Agreement, the Company shall provide the Executive Chairman with aa written statement setting forth the manner in which such payments were calculated and the basis for such calculations including, without limitation, any opinions or other advice the Company has received from Tax Counsel, the Auditor or other advisors or consultants (and any such opinions or advice which are in writing shall be attached to the statement).

Time of Certain Payments. The Any lump sum cash payments provided to the Executive or for the Executive's benefit in Sections 9 and 8(c) (other than 8(c)(iii)(BSection 8(c)(i), 8(c)(v), 8(c)(vi), 8(c)(ii)(A) and 8(c)(viii)8(c)(iii) hereof shall be made not later than the fifth (5th) business day following the Date of Termination (or, if earlier, in the case of payments provided in Section 9 hereof, not later than the fifth (5th) business day following the Executive's receipt of an excess parachute payment, within the meaning of section 4999 of the Code)Termination; provided, however, that if the amounts of such payments cannot be finally determined on or before such day, the Company shall pay to the Executive on such day an estimate of the payments under Section 8(c), as determined in good faith by the Executive, and an estimate of the payments under Section 9 hereof, as determined in accordance with Section 9 hereofCompany, the estimate in each case to be of the minimum amount of such payments to which the Executive is clearly entitled, and shall pay the remainder of such payments (together with interest on the unpaid remainder (or on all such payments to the extent the Company fails to make such payments when due) at 120% of the rate provided in section 1274(b)(2)(B) of the Code) as soon as the amount thereof can be determined but in no event later than the thirtieth (30th) day after the Date of Termination (or, if earlier, the thirtieth (30th) day after the date of the Executive's receipt of an excess parachute payment)Termination. In the event that the amount of the estimated payments exceeds the amount subsequently determined to have been due, such excess shall constitute a loan by the Company to the Executive, payable on the fifth (5th) business day after demand by the Company (together with interest at 120% of the rate provided in section 1274(b)(2)(B) of the Code). At the time that payments are made under this Agreement, the Company shall provide the Executive with aa written statement setting forth the manner in which such payments were calculated and the basis for such calculations including, without limitation, any opinions or other advice the Company has received from advisors or consultants (and any such opinions or advice which are in writing shall be attached to the statement).

Time of Certain Payments. The payments provided to the Executive or for the Executive's benefit in Sections 9 and 8(c) (other than 8(c)(iii)(B), 8(c)(v), 8(c)(vi), and 8(c)(viii)) hereof shall be made not later than the fifth (5th) business day following the Date of Termination (or, if earlier, in the case of payments provided in Section 9 hereof, not later than the fifth (5th) business day following the Executive's receipt of an excess parachute payment, within the meaning of section 4999 of the Code); provided, however, that if the amounts of such payments cannot be finally determined on or before such day, the Company shall pay to the Executive on such day an estimate of the payments under Section 8(c), as determined in good faith by the Executive, and an estimate of the payments under Section 9 hereof, as determined in accordance with Section 9 hereof, the estimate in each case to be of the minimum amount of such payments to which the Executive is clearly entitled, and shall pay the remainder of such payments (together with interest on the unpaid remainder (or on all such payments to the extent the Company fails to make such payments when due) at 120% of the rate provided in section 1274(b)(2)(B) of the Code) as soon as the amount thereof can be determined but in no event later than the thirtieth (30th) day after the Date of Termination (or, if earlier, the thirtieth (30th) day after the date of the Executive's receipt of an excess parachute payment). In the event that the amount of the estimated payments exceeds the amount subsequently determined to have been due, such excess shall constitute a loan by the Company to the Executive, payable on the fifth (5th) business day after demand by the Company (together with interest at 120% of the rate provided in section 1274(b)(2)(B) of the Code). At the time that payments are made under this Agreement, the Company shall provide the Executive with athe