Payments

Payments. - - all transfers of funds from Developer to Friday's including, without limitation, the Development Fee and reimbursement of expenses.

Payments. If all, or any portion, of the payments or other benefits provided under any section of this Agreement, either alone or together with other payments and benefits that you receive or are entitled to receive from the Company or its affiliates, (whether or not under an existing plan, arrangement or other agreement) (collectively the "Payments") would constitute an excess "parachute payment" within the meaning of Section 280G of the Internal Revenue Code of 1986, as amended (the "Code") and would... result in the imposition on you of an excise tax under Section 4999 of the Code, (such excise tax, together with any interest and penalties related thereto, are hereinafter collectively referred to as the "Excise Tax") then, in addition to any other benefits to which you are entitled under this Agreement, you will be entitled to receive an additional payment (a "Gross-Up Payment") in cash, in an amount such that after you pay all taxes including, without limitation, (i) any income taxes (and any interest and penalties imposed with respect thereto) and (ii) any Excise Tax, imposed upon the Gross-Up Payment, you will retain an amount of the Gross-Up Payment equal to the Excise Tax imposed upon the Payments. View More

Payments. Shall mean any payment or distribution by the Company to or for the benefit of Executive on account of any transaction that is a Change of Control, whether paid or payable or distributed or distributable pursuant to the terms of this Agreement or otherwise by reason of any other agreement, policy, plan, program or arrangement. Payments shall include, without limitation, any income deemed or actually received by Executive as a result of (i) any lapse or termination of any restriction on or the... vesting or exercisability of any stock option, stock appreciation right or similar right or (ii) any acceleration of the right to payment of any deferred compensation and any income received by Executive pursuant to Section 2(a) of this Agreement. Payments shall be determined without regard to (i) any income received from the exercise of any stock option, stock appreciation right or similar right, (ii) any payment of deferred compensation or (iii) any additional payments required under Section 2(b) or (d) of this Agreement. View More

Payments. In the event that any payment and the value of any benefit (collectively, "Payments"), or any portion thereof, received or to be received by Executive would otherwise be subject to excise tax under Section 4999 of the Code, then the Company or the acquiring or successor entity to the Company shall pay to Executive within ninety (90) days of the date Executive becomes subject to the Excise Tax, an additional amount (the "Excise Tax Gross-Up Payment") such that the net amount retained by the... Executive, after deduction of (i) any Excise Tax on the Payments and (ii) any federal, state and local income or employment tax and Excise Tax upon the payment provided for by this section 3, shall be equal to the Payments, reduced by the amount of any United States federal, state and local income or employment tax liability of the Executive if the Payments were not subject to the Excise Tax. View More

Payments. Shall have the meaning ascribed to such term on the Applicable Benefits Schedule.

Payments. Any compensation, payment or distribution by the Company to or for the benefit of Employee, whether paid or payable or distributed or distributable pursuant to the terms of this Agreement or otherwise (collectively, the "Payments"), would be subject to the excise tax imposed by Section 4999 of the Code, the following provisions shall apply: (i) If the Payments, reduced by the sum of (1) the Excise Tax (as defined below) and (2) the total of the federal, state, and local income and... employment taxes payable by Employee on the amount of the Payments that are in excess of the Threshold Amount (as defined below), are greater than or equal to the Threshold Amount, then Employee shall be entitled to the full benefits payable under this Agreement. (ii) If the Threshold Amount is less than (x) the Payments, but greater than (y) the Payments reduced by the sum of (1) the Excise Tax and (2) the total of the federal, state, and local income and employment taxes on the amount of the Payments which are in excess of the Threshold Amount, then the benefits payable under this Agreement shall be reduced (but not below zero) to the extent necessary so that the maximum Payments shall not exceed the Threshold Amount. In such event, the payments shall be reduced in the following order: (1) cash payments not subject to Section 409A of the Code; (2) cash payments subject to Section 409A of the Code; (3) equity-based payments and acceleration; and (4) non-cash forms of benefits. To the extent any payment is to be made over time (e.g., in installments, etc. ), then the payments shall be reduced in reverse chronological order. The determination of the reduction shall be made by a nationally recognized accounting firm selected by the Company (the "Accounting Firm"), which shall provide detailed supporting calculations both to the Company and the Executive within 15 business days of the date of termination of service, if applicable, or at such earlier time as is reasonably requested by the Company or the Executive. For purposes of this determination, the Executive shall be deemed to pay federal income taxes at the highest marginal rate of federal income taxation applicable to individuals for the calendar year in which the determination is to be made, and state and local income taxes at the highest marginal rates of individual taxation in the state and locality of the Executive's residence on the date of termination of service, net of the maximum reduction in federal income taxes which could be obtained from deduction of such state and local taxes. Any determination by the Accounting Firm shall be binding upon the Company and the Executive. View More

Payments. Means the Advanced Royalty Payments, Production Royalty Payments, and Common Share Issuance payable by Lessee in US Dollars and in the methods in accordance with Sections 4, 4.1, 4.2, 4.3, 4.4 and 4.5.

Payments. The "Payments"), would be subject to the excise tax imposed by Section 4999 of the Code (the "Excise Tax"), then Executive shall be entitled to receive an additional payment from the Company (the "First Reimbursement Payment") equal to 100% of any Excise Tax actually paid or payable by Executive in connection with the Payments, plus an additional payment from the Company in such amount that after payment of all taxes on the First... Reimbursement Payment (including, without limitation, any interest and penalties on such taxes and the Excise Tax), Executive retains an amount equal to Reimbursement Payment. View More

Payments. The "Payments"

Payments. The Initial Payment and Final Payment payable by Lessee in US Dollars and in the methods in accordance with Sections 4, 4.1, 4.2, 4.3, 4.4 and 4.5