Common use of Additional Gross-up Amounts Clause in Contracts

Additional Gross-up Amounts. If for any reason (whether pursuant to subsequently enacted provisions of the Code, other than Section 409A of the Code, final regulations or published rulings of the IRS, a final judgment of a court of competent jurisdiction, a determination of the Company’s independent auditors set forth in a Company Certificate or, subject to the last two sentences of Section 5.2(a), an Executive’s Gross-Up Determination) it is later determined that the amount of Excise Taxes payable by Executive is greater than the amount determined by the Company or Executive pursuant to Section 5.1 or 5.2, as applicable, then the Company shall, subject to Sections 5.6 and 5.7, pay Executive within 30 days after the determination, an amount (which shall also be deemed a Gross-Up Payment) equal to the product of: (a) the sum of (i) such additional Excise Taxes and (ii) any interest, penalties, expenses or other costs incurred by Executive as a result of having taken a position in accordance with a determination made pursuant to Section 5.1 or 5.2, as applicable, multiplied by (b) the Gross-Up Multiple.

Additional Gross-up Amounts. If for any reason (whether pursuant to subsequently enacted provisions of the Code, Code other than Section 409A of the Code, final regulations or published rulings of the IRS, a final judgment of a court of competent jurisdiction, a determination of the Company’s independent auditors set forth in a Company Certificate or, subject to the last two sentences of Section 5.2(a), an Executive’s Gross-Up Determination) it is later determined that the amount of Excise Taxes payable by Executive is greater than the amount determined by the Company or Executive pursuant to Section 5.1 or 5.2, as applicable, then the Company shall, subject to Sections 5.6 and 5.7, pay Executive within 30 days after the determination, determination an amount (which shall also be deemed a Gross-Up Payment) equal to the product of: (a) the sum of (i) such additional Excise Taxes and (ii) any interest, penalties, expenses or other costs incurred by Executive as a result of having taken a position in accordance with a determination made pursuant to Section 5.1 or 5.2, as applicable, multiplied by by (b) the Gross-Up Multiple.

Additional Gross-up Amounts. If for any reason (whether pursuant to subsequently enacted provisions of the Code, Code other than Section 409A of the Code, final regulations or published rulings of the IRS, a final judgment of a court of competent jurisdiction, a determination of the Company’s independent auditors set forth in a Company Certificate or, subject to the last two sentences of Section 5.2(a), an Executive’s Gross-Up Determination) it is later determined that the amount of Excise Taxes payable by Executive is greater than the amount determined by the Company or Executive pursuant to Section 5.1 or 5.2, as applicable, then the Company shall, subject to Sections 5.6 and 5.7, pay Executive within 30 days after the determination, determination an amount (which shall also be deemed a Gross-Up Payment) equal to the product of: (a) the sum of (i) such additional Excise Taxes and (ii) any interest, penalties, expenses or other costs incurred by Executive as a result of having taken a position in accordance with a determination made pursuant to Section 5.1 or 5.2, as applicable, multiplied by (b) the Gross-Up Multiple.