Tax Matters Section 83(b) Election Contract Clauses (58)

Grouped Into 2 Collections of Similar Clauses From Business Contracts

This page contains Tax Matters Section 83(b) Election clauses in business contracts and legal agreements. We have organized these clauses into groups of similarly worded clauses.
Tax Matters Section 83(b) Election. (a) Section 83(b) Election. If the Recipient properly elects, within thirty (30) days of the Date of Grant, to include in gross income for federal income tax purposes an amount equal to the fair market value (as of the Date of Grant) of the Restricted Stock pursuant to Section 83(b) of the Internal Revenue Code of 1986, as amended (the "Code"), a form of which is attached hereto as Exhibit A, the Recipient shall make arrangements satisfactory to the Company to pay to the Company any federal, sta...te or local income taxes required to be withheld with respect to the Restricted Stock. If the Recipient shall fail to make such tax payments as are required, the Company shall, to the extent permitted by law, have the right to deduct from any payment of any kind (including without limitation, the withholding of any Shares that otherwise would be issued to the Recipient under this Agreement) otherwise due to the Recipient any federal, state or local taxes of any kind required by law to be withheld with respect to the Restricted Stock. (b) No Section 83(b) Election. If the Recipient does not properly make the election described in paragraph 7(a) above, the Recipient shall, no later than the date or dates as of which the restrictions referred to in this Agreement hereof shall lapse, pay to the Company, or make arrangements satisfactory to the Committee for payment of, any federal, state or local taxes of any kind required by law to be withheld with respect to the Restricted Stock (including without limitation the vesting thereof), and the Company shall, to the extent permitted by law, have the right to deduct from any payment of any kind (including without limitation, the withholding of any Shares that otherwise would be distributed to the Recipient under this Agreement) otherwise due to Recipient any federal, state, or local taxes of any kind required by law to be withheld with respect to the Restricted Stock. (c) Recipient's Responsibilities for Tax Consequences . Tax consequences on the Recipient (including without limitation federal, state, local and foreign income tax consequences) with respect to the Restricted Stock (including without limitation the grant, vesting and/or forfeiture thereof) are the sole responsibility of the Recipient. The Recipient shall consult with his or her own personal accountant(s) and/or tax advisor(s) regarding these matters, the making of a Section 83(b) election, and the Recipient's filing, withholding and payment (or tax liability) obligations. View More
Found in RTI SURGICAL, INC. contract
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Tax Matters Section 83(b) Election. (a) Section 83(b) Election. If The Recipient and the Company acknowledge and agree that the Recipient is not employed as an employee of the Company at this time, that the Company is not obligated to pay the Recipient wages at this time, and that the Company is not obligated to withhold federal, state or local taxes from any compensation payable to the Recipient at this time. Accordingly, if the Recipient properly elects, within thirty (30) days of the Date of Grant, to include in gross income fo...r federal income tax purposes an amount equal to the fair market value (as of the Date of Grant) of the Restricted Stock pursuant to Section 83(b) of the Internal Revenue Code of 1986, as amended (the "Code"), a form of which is attached hereto as Exhibit A, the Recipient shall make arrangements satisfactory to the Company to pay to the Company any be solely responsible for declaring and paying all federal, state or local income taxes required to be withheld with respect to the Restricted Stock. If the Recipient shall fail to make such tax payments as are required, the Company shall, to the extent permitted by law, have the right to deduct from any payment of any kind (including without limitation, the withholding of any Shares that otherwise would be issued to the Recipient under this Agreement) otherwise due to the Recipient any federal, state or and local taxes payable on the gross income reportable as result of any kind required by law to be withheld with respect to the Restricted Stock. such election. (b) No Section 83(b) Election. If the Recipient does not properly make the election described in paragraph Section 7(a) above, and the Recipient qualifies as an employee for whom the Company is obligated to withhold federal, state or local taxes from any amounts paid to Recipient at the time the Restricted Stock becomes Vested Shares, the Recipient shall, no later than the date or dates as of which the restrictions referred to in this Agreement hereof shall lapse, pay to the Company, or make arrangements satisfactory to the Committee Board for payment of, any federal, state or local taxes of any kind required by law to be withheld with respect to the Restricted Stock (including without limitation (the "Withholding Amounts"). The Recipient hereby agrees to indemnify and hold the vesting thereof), Company harmless against all claims, liabilities and costs, including attorney's fees, arising from or resulting from the Recipient's failure to pay the Withholding Amounts directly or failure to reimburse the Company for the Withholding Amounts. The Company shall, to the extent permitted by law, have the right to deduct from any payment of any kind (including without limitation, the withholding of any Vested Shares that otherwise would be distributed to the Recipient under this Agreement) otherwise due to Recipient any Withholding Amounts. On the other hand, if the Recipient does not properly make the election described in Section 7(a) above, and the Recipient does not qualify as an employee for whom the Company is obligated to withhold federal, state, state or local taxes of from any kind required by law amounts paid to be withheld with respect to Recipient at the time the Restricted Stock. Stock becomes Vested Shares, the Recipient shall be solely responsible for declaring and paying all federal, state and local taxes payable on the gross income reportable as result of the Restricted Stock becoming Vested Shares. 3 (c) Recipient's Responsibilities for Tax Consequences . Consequences. Tax consequences on the Recipient (including without limitation federal, state, local and foreign income tax consequences) with respect to the Restricted Stock (including without limitation the grant, vesting and/or forfeiture thereof) are the sole responsibility of the Recipient. The Recipient shall consult with his or her own personal accountant(s) and/or tax advisor(s) regarding these matters, the making of a Section 83(b) election, and the Recipient's filing, withholding and payment (or tax liability) obligations. View More
Found in Sandy Springs Holdings, Inc. contract
Tax Matters Section 83(b) Election. (a) Section 83(b) Election. If the Recipient properly elects, within thirty (30) days of the Date of Grant, to include in gross income for federal income tax purposes an amount equal to the fair market value (as of the Date of Grant) of the Restricted Stock pursuant to Section 83(b) of the Internal Revenue Code of 1986, as amended (the "Code"), a form of which is attached hereto as Exhibit A, the Recipient shall make arrangements satisfactory to the Company to pay to the Company any federal, sta...te or local income taxes required to be withheld with respect to the Restricted Stock. If the Recipient shall fail to make such tax payments as are required, the Company shall, to the extent permitted by law, have the right to deduct from any payment of any kind (including without limitation, the withholding of any Shares that otherwise would be issued to the Recipient under this Agreement) otherwise due to the Recipient any federal, state or local taxes of any kind required by law to be withheld with respect to the Restricted Stock. (b) No Section 83(b) Election. If the Recipient does not properly make the election described in paragraph Subsection 7(a) above, the Recipient shall, no later than the date or dates as of which the restrictions referred to in this Agreement hereof shall lapse, pay to the Company, or make arrangements reasonably satisfactory to the Committee Committee, including Recipient's sale of the Vested Shares, for payment of, any federal, state or local taxes of any kind required by law to be withheld with respect to the Restricted Stock (including without limitation the vesting thereof), and the Company shall, to the extent permitted by law, have the right to deduct from any payment of any kind (including without limitation, the withholding of any Shares that otherwise would be distributed to the Recipient under this Agreement) otherwise due to Recipient Recipient, including the transfer of Vested Shares upon the Vesting Date, an amount equal in value to, any federal, state, or local taxes of any kind required by law to be withheld with respect to the Restricted Stock. The Company shall cooperate with the Recipient in connection with the Recipient's sale of any Vested Shares for purposes of Recipient's payment of any withholding taxes. (c) Recipient's Responsibilities for Tax Consequences . Tax consequences on the Recipient (including without limitation federal, state, local and foreign income tax consequences) with respect to the Restricted Stock (including without limitation the grant, vesting and/or forfeiture thereof) are the sole responsibility of the Recipient. The Recipient shall consult with his or her own personal accountant(s) and/or tax advisor(s) regarding these matters, the making of a Section 83(b) election, and the Recipient's filing, withholding and payment (or tax liability) obligations. View More
Found in Atomera Inc contract
Tax Matters Section 83(b) Election. (a) Section 83(b) Election. If the The Recipient properly elects, may elect, within thirty (30) days of the Date of Grant, to include in gross income for federal income tax purposes an amount equal to the fair market value Fair Market Value (as of the Date of Grant) of the Restricted Stock pursuant to Section 83(b) of the Code (the "Section 83(b) Election"). If the Recipient properly makes the Section 83(b) Election, the Recipient shall provide a copy of the statement making the Section 83(b) El...ection 4 to the Company on or before the date on which the statement making the Section 83(b) Election is filed with the Internal Revenue Code of 1986, as amended (the "Code"), a form of which is attached hereto as Exhibit A, Service and the Recipient shall make arrangements satisfactory to the Company to pay to the Company any federal, state or local income taxes required to be withheld with respect to the Restricted Stock. If the Recipient shall fail to make such tax payments as are required, the Company shall, to the extent permitted by law, have the right to deduct from any payment of any kind (including without limitation, the withholding of any Shares that otherwise would be issued to the Recipient under this Agreement) otherwise due to the Recipient any federal, state or local taxes of any kind required by law to be withheld with respect to the Restricted Stock. (b) No Section 83(b) Election. If the Recipient does not properly make the election described in paragraph 7(a) above, Section 83(b) Election, the Recipient shall, no later than the date or dates as of which the restrictions referred to in this Agreement hereof shall lapse, pay to the Company, or make arrangements satisfactory to the Committee for payment of, any federal, state or local taxes of any kind required by law to be withheld with respect to the Restricted Stock (including without limitation the vesting thereof), and the Company shall, to the extent permitted by law, have the right to deduct from any payment of any kind (including without limitation, the withholding of any Shares that otherwise would be distributed to the Recipient under this Agreement) otherwise due to Recipient any federal, state, or local taxes of any kind required by law to be withheld with respect to the Restricted Stock. (c) Satisfaction of Withholding Requirements. The Recipient may satisfy the withholding requirements with respect to the Restricted Stock pursuant to any one or combination of the following methods: (i) payment in cash; or (ii) payment by surrendering unrestricted previously held Shares which have a value equal to the required withholding amount or the withholding of Shares that otherwise would be deliverable to the Recipient pursuant to this Award. The Recipient may surrender Shares either by attestation or by delivery of a certificate or certificates for shares duly endorsed for transfer to the Company, and if required with medallion level signature guarantee by a member firm of a national stock exchange, by a national or state bank (or guaranteed or notarized in such other manner as the Committee may require). (d) Recipient's Responsibilities for Tax Consequences . Consequences. Tax consequences on the Recipient (including without limitation federal, state, local and foreign income tax consequences) with respect to the Restricted Stock (including without limitation the grant, vesting and/or forfeiture thereof) are the sole responsibility of the Recipient. The Recipient shall consult with his or her own personal accountant(s) and/or tax advisor(s) regarding these matters, the making of a Section 83(b) election, Election, and the Recipient's filing, withholding and payment (or tax liability) obligations. View More
Found in JARDEN CORP contract
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Tax Matters Section 83(b) Election. The Grantee hereby agrees to make an election to include in gross income in the year of transfer the unvested Award LTIP Units hereunder pursuant to Section 83(b) of the Code (as defined in the Plan) substantially in the form attached hereto as Exhibit B and to supply the necessary information in accordance with the regulations promulgated thereunder.
Found in Prologis contract
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Tax Matters Section 83(b) Election. The Grantee hereby agrees to make an election to include in gross income in the year of transfer the unvested Award LTIP Units hereunder pursuant to and in accordance with the requirements of Section 83(b) of the Code (as defined in the Plan) substantially in the form attached hereto as Exhibit B and to supply the necessary information in accordance with the regulations promulgated thereunder. The Grantee shall provide a copy of the Section 83(b) election to the Company.
Found in Prologis contract
Tax Matters Section 83(b) Election. The Grantee hereby agrees to may make an election to include in gross income in the year of transfer the unvested Award LTIP Units hereunder pursuant to Section 83(b) of the Code (as defined in the Plan) substantially in the form attached hereto as Exhibit B and to the extent so elected to supply the necessary information in accordance with the regulations promulgated thereunder.
Found in Phillips Edison & Company, Inc. contract
Tax Matters Section 83(b) Election. The Grantee Participant hereby agrees to make an election to include in gross income in the year of transfer the unvested Award FV LTIP Units hereunder pursuant to Section 83(b) of the Internal Revenue Code (as defined in the Plan) (the "Code") substantially in the form attached hereto as Exhibit B and to supply the necessary information in accordance with the regulations promulgated thereunder.
Found in Brookfield Property REIT Inc. contract
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