Additional Amount. If in the opinion of tax counsel selected by Employee and reasonably acceptable to the Company, Employee has or will receive any compensation or recognize any income (whether or not pursuant to this Agreement or any plan or other arrangement of the Company) which constitutes an "excess parachute payment" within the meaning of Section 280G(b)(1) of the Internal Revenue Code of 1986, as amended (the "Code") (or for which a tax is otherwise payable under Section 4999 of the Code), then the Company shall pay Employee an additional amount (the "Additional Amount") equal to the sum of (i) all taxes payable by Employee under Section 4999 of the Code with respect to all such excess parachute payments and the Additional Amount, plus (ii) all federal, state and local income taxes payable by Employee with respect to the Additional Amount. The amounts payable pursuant to this Section 8(E) shall be paid by the Company to Employee within 30 days of the written request therefor made by Employee.
Appears in 2 contracts
Sources: Employment Agreement (NMXS Com Inc), Employment Agreement (NMXS Com Inc)
Additional Amount. If Whether or not Section 7 is applicable, if in the opinion of tax counsel selected by Employee the Executive and reasonably acceptable to the Company, Employee the Executive has or will receive any compensation or recognize any income (whether or not pursuant to this Agreement or any plan or other arrangement of the CompanyCompany and whether or not the Executive's employment with the Company has terminated) which constitutes constitute an "excess parachute payment" within the meaning of Section 280G(b)(1) of the Internal Revenue Code of 1986, as amended (the "Code") (or for which a tax is otherwise payable under Section 4999 of the Code), then the Company shall pay Employee the Executive an additional amount (the "Additional Amount") equal to the sum of (i) all taxes payable by Employee the Executive under Section 4999 of the Code with respect to all such excess parachute payments (or otherwise) and the Additional Amount, plus (ii) all federal, state and local income taxes payable by Employee Executive with respect to the Additional Amount. The amounts payable pursuant to this Section 8(E) 8 shall be paid by the Company to Employee the Executive within 30 days of the written request therefor made by Employeethe Executive.
Appears in 2 contracts
Sources: Employment Agreement (Wellsford Real Properties Inc), Employment Agreement (Wellsford Real Properties Inc)
Additional Amount. If in the opinion of tax counsel selected by Employee and reasonably acceptable to the Company, Employee has or will receive any compensation or recognize any income (whether or not pursuant to this Agreement or any plan or other arrangement of the Company) which constitutes constitute an "excess parachute payment" within the meaning of Section 280G(b)(1) of the Internal Revenue Code of 1986, as amended (the "Code") (or for which a tax is otherwise payable under Section 4999 of the Code), then the Company shall pay Employee an additional amount (the "Additional Amount") equal to the sum of (i) all taxes payable by Employee under Section 4999 of the Code with respect to all such excess parachute payments (or otherwise) and the Additional Amount, plus (ii) all federal, state and local income taxes payable by Employee with respect to the Additional Amount. The amounts payable pursuant to this Section 8(E8(e) shall be paid by the Company to Employee within 30 days of the written request therefor made by Employee.
Appears in 2 contracts
Sources: Employment Agreement (Projectavision Inc), Employment Agreement (Projectavision Inc)
Additional Amount. If Whether or not Section 7 is applicable, if in the opinion of tax counsel selected by Employee the Executive and reasonably acceptable accept- able to the Company, Employee the Executive has or will receive any compensation or recognize any income (whether or not pursuant to this Agreement or any plan or other arrangement of the CompanyCompany and whether or not the Executive's employment with the Company has terminated) which constitutes constitute an "excess parachute payment" within the meaning of Section 280G(b)(1) of the Internal Revenue Code of 1986, as amended (the "Code") (or for which a tax is otherwise payable under Section 4999 of the Code), then the Company shall pay Employee the Executive an additional amount (the "Additional Amount") equal to the sum of (i) all taxes payable by Employee the Executive under Section 4999 of the Code with respect to all such excess parachute payments (or otherwise) and the Additional Amount, plus (ii) all federal, state and local income taxes payable by Employee Executive with respect to the Additional Amount. The amounts payable pursuant to this Section 8(E) 8 shall be paid by the Company to Employee the Executive within 30 days of the written request therefor made by Employeethe Executive.
Appears in 2 contracts
Sources: Employment Agreement (Wellsford Real Properties Inc), Employment Agreement (Wellsford Real Properties Inc)
Additional Amount. If in the opinion of tax counsel selected by Employee and reasonably acceptable to the Company, Employee has or will receive any compensation or recognize any income (whether or not pursuant to this Agreement or any plan or other arrangement of the Company) which constitutes an "excess parachute payment" within the meaning of Section 280G(b)(1) of the Internal Revenue Code of 1986, as amended (the "Code") (or for which a tax is otherwise payable under Section 4999 of the Code), then the Company shall pay Employee an additional amount (the "Additional Amount") equal to the sum of (i) all taxes payable by Employee under Section 4999 of the Code with respect to all such excess parachute payments (other otherwise) and the Additional Amount, plus (ii) all federal, state and local income taxes payable by Employee with respect to the Additional Amount. The amounts payable pursuant to this Section 8(E) 8.E. shall be paid by the Company to Employee within 30 days of the written request therefor made by Employee.
Appears in 1 contract
Sources: Employment Agreement (NMXS Com Inc)