Common use of Underpayment of Gross-Up Payment Clause in Contracts

Underpayment of Gross-Up Payment. In the event there is an underpayment of the Gross-Up Payment due to the uncertainty in the application of Section 4999 of the Code at the time of the initial determination the Accounting Firm, and the Executive thereafter is required to make a payment of any Excise Tax, the Accounting Firm will determine the amount of any such underpayment that has occurred and such amount will be promptly paid by the Bank to or for the benefit of the Executive.

Appears in 8 contracts

Samples: Employment Agreement (Hampton Roads Bankshares Inc), Employment Agreement (Hampton Roads Bankshares Inc), Employment Agreement (Hampton Roads Bankshares Inc)

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Underpayment of Gross-Up Payment. In the event there is an underpayment of the Gross-Up Payment due to the uncertainty in the application of Section 4999 of the Code at the time of the initial determination the Accounting Firm, and the Executive Officer thereafter is required to make a payment of any Excise Tax, the Accounting Firm will determine the amount of any such underpayment that has occurred and such amount will be promptly paid by the Bank Employment to or for the benefit of the ExecutiveOfficer.

Appears in 3 contracts

Samples: Employment Agreement (Hampton Roads Bankshares Inc), Agreement and Plan of Merger (Shore Financial Corp), Employment Agreement (Hampton Roads Bankshares Inc)

Underpayment of Gross-Up Payment. In the event there is an underpayment of the a Gross-Up Payment due to the uncertainty in the application of Section 4999 of the Code at the time of the initial determination the Accounting Firm, and the Executive Officer thereafter is required to make a payment of any Excise Tax, the Accounting Firm will determine the amount of any such underpayment that has occurred and such amount will be promptly paid by the Bank Employer to or for the benefit of the ExecutiveOfficer.

Appears in 1 contract

Samples: Employment Agreement (Hampton Roads Bankshares Inc)

Underpayment of Gross-Up Payment. In the event there is an underpayment of the Gross-Up Payment due to the uncertainty in the application of Section 4999 of the Code at the time of the initial determination the Accounting Firm, and the Executive thereafter is required to make a payment of any Excise Tax, the Accounting Firm will determine the amount of any such underpayment that has occurred and such amount will be promptly paid by the Bank Employment to or for the benefit of the Executive.

Appears in 1 contract

Samples: Employment Agreement (Hampton Roads Bankshares Inc)

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Underpayment of Gross-Up Payment. In the event there is an underpayment of the Gross-Up Payment due to the uncertainty in the application of Section 4999 of the Code at the time of the initial determination the Accounting Firm, and the Executive Officer thereafter is required to make a payment of any Excise Tax, the Accounting Firm will determine the amount of any such underpayment that has occurred and such amount will be promptly paid by the Bank to or for the benefit of the ExecutiveOfficer.

Appears in 1 contract

Samples: Employment Agreement (Hampton Roads Bankshares Inc)

Underpayment of Gross-Up Payment. In the event there is an underpayment of the Gross-Up Payment due to the uncertainty in the application of Section 4999 of the Code at the time of the initial determination the Accounting Firm, and the Executive Officer thereafter is required to make a payment of any Excise Tax, the Accounting Firm will determine the amount of any such underpayment that has occurred and such amount will be promptly paid by the Bank Employer to or for the benefit of the ExecutiveOfficer.

Appears in 1 contract

Samples: Employment Agreement (Hampton Roads Bankshares Inc)

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