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These excerpts taken from the ALL 10-K filed Feb 27, 2008. (b) For purposes of this Agreement:(i) “After-Tax Amount” means the portion of a specified amount that would remain after payment of all Taxes and Excise Taxes paid or payable by Executive in respect of such specified amount; and (ii) “Floor Amount” means the greatest pre-tax amount of Potential Parachute Payments that could be paid to Executive without causing Executive to become liable for any Excise Taxes in connection therewith; and (iii) “After-Tax Floor Amount” means the After-Tax Amount of the Floor Amount. 5.8 Refunds. If, after the receipt by Executive of any payment or advance of Excise Taxes by the Company pursuant to this Article, Executive receives any refund with respect to such Excise Taxes, Executive shall (subject to the Company’s complying with any applicable requirements of Section 5.6) promptly pay the Company the amount of such refund (together with any interest paid or credited thereon after Taxes applicable thereto). If, after the receipt by Executive of an amount advanced by the Company pursuant to Section 5.6, a determination is made that Executive shall not be entitled to any refund with respect to such claim and the Company does not notify Executive in writing of its intent to contest such determination within 30 days after the Company receives written notice of such determination, then such advance shall be forgiven and shall not be required to be repaid and the amount of such advance shall offset, to the extent thereof, the amount of Gross-Up Payment required to be paid. Any contest of a denial of refund shall be controlled by Section 5.6.
(b) For purposes of this Agreement:(i) “After-Tax Amount” means the (ii) “Floor Amount” means the (iii) “After-Tax Floor Amount” means 5.8 Refunds. If, after the receipt by Executive of any | EXCERPTS ON THIS PAGE:
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