Common use of Certain Additional Provisions Clause in Contracts

Certain Additional Provisions. Anything in this Agreement to the contrary notwithstanding, any payment or distribution by the Company to or for the benefit of the Employee (whether paid or payable or distributed or distributable pursuant to the terms of this Agreement or otherwise) (a "Payment") shall be limited to the maximum amount that can be payable without such Payment being subject to the excise tax imposed by Section 4999 of the Code on Employee. The Company agrees to comply, to the extent feasible, with the Employee's preferences concerning the components of any Payment required to be limited under the previous sentence.

Appears in 2 contracts

Sources: Employment Agreement (Stillwater Mining Co /De/), Employment Agreement (Stillwater Mining Co /De/)

Certain Additional Provisions. Anything in this Agreement to the ----------------------------- contrary notwithstanding, any payment or distribution by the Company to or for the benefit of the Employee (whether paid or payable or distributed or distributable pursuant to the terms of this Agreement or otherwise) (a "Payment") shall be limited to the maximum amount that can be payable without such Payment being subject to the excise tax imposed by Section 4999 of the Code on Employee. The Company agrees to comply, to the extent feasible, with the Employee's preferences concerning the components of any Payment required to be limited under the previous sentence.

Appears in 1 contract

Sources: Employment Agreement (Stillwater Mining Co /De/)