Tax Withholding Clause Example with 93 Variations from Business Contracts
This page contains Tax Withholding clauses in business contracts and legal agreements. An example clause is provided at the top of the page, followed by clauses with minor variations. You can view the text differences by selecting the "Show Differences" option.
Tax Withholding. (a) Withholding Requirements. Prior to the delivery of any Shares or cash pursuant to an Award (or exercise thereof), the Company will have the power and the right to deduct or withhold, or require a Participant to remit to the Company, an amount sufficient to satisfy federal, state, local, foreign or other taxes (including the Participant's FICA obligation) required to be withheld with respect to such Award (or exercise thereof). (b) Withholding Arrangements. The Administrator, in its sole disc...retion and pursuant to such procedures as it may specify from time to time, may permit a Participant to satisfy such tax withholding obligation, in whole or in part by (without limitation) (i) paying cash, (ii) electing to have the Company withhold otherwise deliverable Shares having a fair market value equal to the minimum statutory amount required to be withheld, (iii) delivering to the Company already-owned Shares having a fair market value equal to the statutory amount required to be withheld, provided the delivery of such Shares will not result in any adverse accounting consequences, as the Administrator determines in its sole discretion, (iv) selling a sufficient number of Shares otherwise deliverable to the Participant through such means as the Administrator may determine in its sole discretion (whether through a broker or otherwise) equal to the amount -14- required to be withheld, (v) such other consideration and method of payment for the meeting of tax withholding obligations as the Administrator may determine, to the extent permitted by Applicable Laws or (vi) any combination of the foregoing methods of payment. The amount of the withholding requirement will be deemed to include any amount which the Administrator agrees may be withheld at the time the election is made, not to exceed the amount determined by using the maximum federal, state or local marginal income tax rates applicable to the Participant with respect to the Award on the date that the amount of tax to be withheld is to be determined. The fair market value of the Shares to be withheld or delivered will be determined as of the date that the taxes are required to be withheld.View More
Variations of a "Tax Withholding" Clause from Business Contracts
Tax Withholding. (a) Withholding Requirements. Prior to the delivery of any Shares or cash pursuant to an Award (or exercise thereof), thereof) or prior to any time the Award or Shares are subject to taxation, the Company and/or the Participant's employer will have the power and the right to deduct or withhold, or require a Participant to remit to the Company, an amount sufficient to satisfy federal, state, local, foreign or other taxes (including the Participant's FICA obligation) obligation or social insurance... contributions) required to be withheld with respect to such Award (or exercise thereof). (b) Withholding Arrangements. The Administrator, in its sole discretion and pursuant to such procedures as it may specify from time to time, may permit a Participant to satisfy such tax withholding obligation, in whole or in part by (without limitation) (i) (a) paying cash, (ii) (b) electing to have the Company withhold otherwise deliverable cash or Shares having a fair market value Fair Market Value equal to the minimum statutory amount required to be withheld, (iii) withheld (to the extent required to avoid adverse accounting consequences), or (c) delivering to the Company already-owned Shares having a fair market value Fair Market Value equal to the minimum statutory amount required to be withheld, provided the delivery of such Shares will not result in any adverse accounting consequences, as the Administrator determines in its sole discretion, (iv) selling a sufficient number of Shares otherwise deliverable to the Participant through such means as the Administrator may determine in its sole discretion (whether through a broker or otherwise) equal to the amount -14- required to be withheld, (v) such other consideration and method of payment for the meeting of tax withholding obligations as the Administrator may determine, withheld to the extent permitted by Applicable Laws required to avoid adverse accounting consequences or (vi) any combination Shares having a Fair Market Value in excess of the foregoing methods of payment. The such amount of the withholding requirement will be deemed that have been held for such period required to include any amount which the Administrator agrees may be withheld at the time the election is made, not to exceed the amount avoid adverse accounting consequences. Except as otherwise determined by using the maximum federal, state or local marginal income tax rates applicable to Administrator, the Participant with respect to the Award on the date that the amount of tax to be withheld is to be determined. The fair market value Fair Market Value of the Shares to be withheld or delivered will be determined as of the date that the taxes are required to be withheld. (c) Compliance With Code Section 409A. Awards will be designed and operated in such a manner that they are either exempt from the application of, or comply with, the requirements of Code Section 409A such that the grant, payment, settlement or deferral will not be subject to the additional tax or interest applicable under Code Section 409A. The Plan and each Award Agreement under the Plan is intended to meet the requirements of Code Section 409A (or an exemption therefrom) and will be construed and interpreted in accordance with such intent, except as otherwise determined in the sole discretion of the Administrator. To the extent that an Award or payment, or the settlement or deferral thereof, is subject to Code Section 409A the Award will be granted, paid, settled or deferred in a manner that will meet the requirements of Code Section 409A (or an exemption therefrom), such that the grant, payment, settlement or deferral will not be subject to the additional tax or interest applicable under Code Section 409A. In no event will the Company be responsible for or reimburse a Participant for any taxes or other penalties incurred as a result of applicable of Code Section 409A. -19- 16. No Effect on Employment or Service. Neither the Plan nor any Award will confer upon a Participant any right with respect to continuing the Participant's relationship as a Service Provider with the Company, or (if different) the Participant's employer, nor will they interfere in any way with the Participant's right or the Participant's employer's right to terminate such relationship at any time, with or without cause, to the extent permitted by Applicable Laws. View More
Tax Withholding. (a) 8.1. Withholding Requirements. Prior to the delivery of any Shares Stock or cash pursuant to an Award Option (or exercise thereof), or at such earlier time as the tax obligations are due, the Company will shall have the power and the right to deduct or withhold, or require a Participant to remit to the Company, an amount sufficient to satisfy federal, state, local, foreign or other taxes (including the Participant's FICA obligation) required to be withheld with respect to such Award (or exer...cise thereof). (b) all tax obligations. 8.2. Withholding Arrangements. The Administrator, Committee, in its sole discretion and pursuant to such procedures as it may specify from time to time, may permit designate the method or methods by which a Participant to may satisfy such tax withholding obligation, obligations. As determined by the Committee in whole its discretion from time to time, these methods may include one or in part by (without limitation) (i) more of the following: (a) paying cash, (ii) (b) electing to have the Company withhold otherwise deliverable Shares cash or Stock having a fair market value Fair Market Value equal to the minimum statutory amount required to be withheld, (iii) (c) delivering to the Company already-owned Shares Stock having a fair market value Fair Market Value equal to the statutory minimum amount required to be withheld, withheld or remitted, provided the delivery of such Shares Stock will not result in any adverse accounting consequences, consequences as the Administrator Committee determines in its sole discretion, (iv) (d) selling a sufficient number of Shares Stock otherwise deliverable to the Participant through such means as the Administrator Committee may determine in its sole discretion (whether through a broker or otherwise) equal to the amount -14- tax obligations required to be withheld, (v) such (e) retaining from salary or other consideration and method of payment for the meeting of tax withholding obligations as the Administrator may determine, amounts payable to the extent permitted by Participant cash having a sufficient value to satisfy the tax obligations, or (f) any other means which the Committee, in its sole discretion, determines to both comply with Applicable Laws or (vi) any combination Law, and to be consistent with the purposes of the foregoing methods of payment. Plan. The amount of the withholding requirement tax obligations will be deemed to include any amount which that the Administrator Committee agrees may be withheld at the time the election is made, not to exceed the amount determined by using the maximum federal, state or local marginal income tax rates applicable to the Participant or the Company, as applicable, with respect to the Award Option on the date that the amount of tax or social insurance liability to be withheld or remitted is to be determined. The fair market value Fair Market Value of the Shares Stock to be withheld or delivered will shall be determined as of the date that the taxes tax obligations are required to be withheld. 9. COMPLIANCE WITH SECURITIES LAW. 9.1. Section 16 Persons. With respect to Section 16 Persons, transactions under this Plan are intended to qualify for the exemption provided by Rule 16b-3. To the extent any provision of the Plan, Option Agreement or action by the Committee fails to so comply, it shall be deemed null and void, to the extent permitted by law and deemed advisable or appropriate by the Committee. 9.2. Investment Representations. As a condition to the exercise of an Option, the Company may require the person exercising such Option to represent and warrant at the time of any such exercise that the Stock are being purchased only for investment and without any present intention to sell or distribute such Stock if, in the opinion of counsel for the Company, such a representation is required. 9.3. Inability to Obtain Authority. The Company will not be required to issue any Stock, cash, or other property under the Plan unless all the following conditions are satisfied: (a) the admission of the Stock or other property to listing on all stock exchanges on which such class of stock or property then is listed; (b) the completion of any registration or other qualification or rule compliance of the Stock under any U.S. state or federal law or under the rulings or regulations of the Securities and Exchange Commission, the stock exchange on which Stock of the same class are then listed, or any other governmental regulatory body, as counsel to the Company, in its absolute discretion, deems necessary or advisable; (c) the obtaining of any approval or other clearance from any U.S. federal, state or other governmental agency, which counsel to the Company, in its absolute discretion, determines to be necessary or advisable; and (d) the lapse of such reasonable period of time following the Grant Date, vesting and/or exercise as the Company may establish from time to time for reasons of administrative convenience. If the Committee determines, in its absolute discretion, that one or more of the preceding conditions will not be satisfied, the Company automatically will be relieved of any liability with respect to the failure to issue the Stock, cash or other property as to which such requisite authority will not have been obtained. View More
Tax Withholding. (a) Withholding (a)Withholding Requirements. Prior to the delivery of any Shares or cash pursuant to an Award (or exercise thereof), the Company will have the power and the right to deduct or withhold, or require a Participant to remit to the Company, an amount sufficient to satisfy any federal, state, local, foreign or other taxes (including the Participant's FICA obligation) required to be withheld with respect to such Award (or exercise thereof). (b) Withholding (b)Withholding Arrangements. T...he Administrator, in its sole discretion and pursuant to such procedures as it may specify from time to time, may permit a Participant to satisfy such tax withholding obligation, in whole or in part by (without limitation) (i) paying cash, (ii) electing limitation): (i)paying cash; (ii)electing to have the Company withhold otherwise deliverable cash or Shares having a fair market value Fair Market Value equal to the minimum statutory amount required to be withheld, (iii) delivering withheld (or such other amount in the Administrator's discretion that does not cause the Award to be treated as a liability instrument under generally accepted accounting principles); or (iii)delivering to the Company already-owned Shares having a fair market value Fair Market Value equal to the minimum statutory amount required to be withheld, provided withheld (or such other amount in the delivery of such Shares will Administrator's discretion that does not result in any adverse accounting consequences, as cause the Administrator determines in its sole discretion, (iv) selling a sufficient number of Shares otherwise deliverable to the Participant through such means as the Administrator may determine in its sole discretion (whether through a broker or otherwise) equal to the amount -14- required Award to be withheld, (v) such other consideration and method of payment for the meeting of tax withholding obligations treated as the Administrator may determine, to the extent permitted by Applicable Laws or (vi) any combination of the foregoing methods of payment. a liability instrument under generally accepted accounting principles). The amount of the withholding requirement will be deemed to include any amount which the Administrator agrees may be withheld at the time the election is made, not to exceed the amount determined by using the maximum federal, state or local marginal income tax rates applicable to the Participant with respect to the Award on the date that the amount of tax to be withheld is to be determined. The fair market value Fair Market Value of the Shares to be withheld or delivered will be determined as of the date that the taxes are required to be withheld. View More
Tax Withholding. (a) Withholding Requirements. Prior to the delivery of any Shares or cash pursuant to an Award (or exercise thereof), the Company will have the power and the right to deduct or withhold, or require a Participant to remit to the Company, an amount sufficient to satisfy federal, state, local, foreign or other taxes (including the Participant's FICA obligation) required to be withheld with respect to such Award (or exercise thereof). (b) Withholding Arrangements. The Administrator, in its sole disc...retion and pursuant to such procedures as it may specify from time to time, may permit a Participant to satisfy such tax withholding obligation, in whole or in part by (without limitation) (i) (a) paying cash, (ii) cash (or cash equivalent), (b) electing to have the Company withhold otherwise deliverable cash or Shares having a fair market value equal to the minimum statutory amount required to be withheld or such greater amount as the Administrator may determine if such amount would not have adverse accounting consequences, as the Administrator determines in its sole discretion, (c) delivering to the Company already-owned Shares having a fair market value equal to the minimum statutory amount required to be withheld, (iii) delivering to or such greater amount as the Company already-owned Shares having a fair market value equal to the statutory Administrator may determine if such amount required to be withheld, provided the delivery of such Shares will would not result in any have adverse accounting consequences, as the Administrator determines in its sole discretion, (iv) or (d) selling a sufficient number of Shares otherwise deliverable to the Participant through such means as the Administrator may determine in its sole discretion (whether through a broker or otherwise) equal to the amount -14- required to be withheld, (v) such other consideration and method of payment for the meeting of tax withholding obligations as the Administrator may determine, to the extent permitted by Applicable Laws or (vi) any combination of the foregoing methods of payment. The amount of the withholding requirement will be deemed to include any amount which the Administrator agrees may be withheld at the time the election is made, not to exceed the amount determined by using the maximum federal, state or local marginal income tax rates applicable to the Participant with respect to the Award on the date that the amount of tax to be withheld is to be determined. withheld. The fair market value of the Shares to be withheld or delivered will be determined as of the date that the taxes are required to be withheld. (c) Compliance With Code Section 409A. Awards will be designed and operated in such a manner that they are either exempt from the application of, or comply with, the requirements of Code Section 409A such that the grant, payment, settlement or deferral will not be subject to the additional tax or interest applicable under Code Section 409A, except as otherwise determined in the sole discretion of the Administrator. The Plan and each Award Agreement under the Plan is intended to meet the requirements of Code Section 409A and will be construed and interpreted in accordance with such intent, except as otherwise determined in the sole discretion of the Administrator. To the extent that an Award or payment, or the settlement or deferral thereof, is subject to Code Section 409A, the Award will be granted, paid, settled or deferred in a manner that will meet the requirements of Code Section 409A, such that the grant, payment, settlement or deferral will not be subject to the additional tax or interest applicable under Code Section 409A. View More
Tax Withholding. (a) Withholding Requirements. Prior to the delivery of any Shares or cash pursuant to an Award (or exercise thereof), the Company will have the power and the right to deduct or withhold, or require a Participant to remit to the Company, an amount sufficient to satisfy federal, state, local, foreign or other taxes (including the Participant's FICA obligation) required to be withheld with respect to such Award (or exercise thereof). (b) Withholding Arrangements. The Administrator, in its sole disc...retion and pursuant to such procedures as it may specify from time to time, may permit a Participant to satisfy such tax withholding obligation, in whole or in part by (without limitation) (i) (a) paying cash, (ii) cash (or cash equivalent), (b) electing to have the Company withhold otherwise deliverable cash or Shares having a fair market value equal to the minimum statutory amount required to be withheld or such greater amount as the Administrator may determine if such amount would not have adverse accounting consequences, as the Administrator determines in its sole discretion, (c) delivering to the Company already-owned Shares having a fair market value equal to the minimum statutory amount required to be withheld, (iii) delivering to or such greater amount as the Company already-owned Shares having a fair market value equal to the statutory Administrator may determine if such amount required to be withheld, provided the delivery of such Shares will would not result in any have adverse accounting consequences, as the Administrator determines in its sole discretion, (iv) or (d) selling a sufficient number of Shares otherwise deliverable to the Participant through such means as the Administrator may determine in its sole discretion (whether through a broker or otherwise) equal to the amount -14- required to be withheld, (v) such other consideration and method of payment for the meeting of tax withholding obligations as the Administrator may determine, to the extent permitted by Applicable Laws or (vi) any combination of the foregoing methods of payment. The amount of the withholding requirement will be deemed to include any amount which the Administrator agrees may be withheld at the time the election is made, not to exceed the amount determined by using the maximum federal, state or local marginal income tax rates applicable to the Participant with respect to the Award on the date that the amount of tax to be withheld is to be determined. withheld. The fair market value of the Shares to be withheld or delivered will be determined as of the date that the taxes are required to be withheld. (c) Compliance With Code Section 409A. Awards will be designed and operated in such a manner that they are either exempt from the application of, or comply with, the requirements of Code Section 409A such that the grant, payment, settlement or deferral will not be subject to the additional tax or interest applicable under Code Section 409A, except as otherwise determined in the sole discretion of the Administrator. The Plan and each Award Agreement under the Plan is intended to meet the requirements of Code Section 409A and will be construed and interpreted in accordance with such intent, except as otherwise determined in the sole discretion of the Administrator. To the extent that an Award or payment, or the settlement or deferral thereof, is subject to Code Section 409A, the Award will be granted, paid, settled or deferred in a manner that will meet the requirements of Code Section 409A, such that the grant, payment, settlement or deferral will not be subject to the additional tax or interest applicable under Code Section 409A. -16- 16. No Effect on Employment or Service. Neither the Plan nor any Award will confer upon a Participant any right with respect to continuing the Participant's relationship as a Service Provider with the Company, nor will they interfere in any way with the Participant's right or the Company's right to terminate such relationship at any time, with or without cause, to the extent permitted by Applicable Laws. View More
Tax Withholding. (a) 11.1 Withholding Requirements. Prior to the delivery of any Shares shares or cash pursuant to an Award (or exercise thereof), or at such earlier time as the Tax Obligations are due, the Company will shall have the power and the right to deduct or withhold, or require a Participant to remit to the Company, an amount sufficient to satisfy federal, state, local, foreign or other taxes (including the Participant's FICA obligation) required to be withheld with respect to such Award (or exercise t...hereof). (b) all Tax Obligations. 11.2 Withholding Arrangements. The Administrator, Committee, in its sole discretion and pursuant to such procedures as it may specify from time to time, may permit designate the method or methods by which a Participant to may satisfy such tax withholding obligation, Tax Obligations. As determined by the Committee in whole its discretion from time to time, these methods may include one or in part by (without limitation) (i) more of the following: (a) paying cash, (ii) (b) electing to have the Company withhold otherwise deliverable Shares cash or shares having a fair market value Fair Market Value equal to the minimum statutory amount required to be withheld, (iii) (c) delivering to the Company already-owned Shares shares having a fair market value Fair Market Value equal to the statutory minimum amount required to be withheld, withheld or remitted, provided the delivery of such Shares shares will not result in any adverse accounting consequences, consequences as the Administrator Committee determines in its sole discretion, (iv) (d) selling a sufficient number of Shares shares otherwise deliverable to the Participant through such means as the Administrator Committee may determine in its sole discretion (whether through a broker or otherwise) equal to the amount -14- Tax Obligations required to be withheld, (v) such (e) retaining from salary or other consideration and method of payment for the meeting of tax withholding obligations as the Administrator may determine, amounts payable to the extent permitted by Participant cash having a sufficient value to satisfy the Tax Obligations, or (f) any other means which the Committee, in its sole discretion, determines to both comply with Applicable Laws or (vi) any combination Laws, and to be consistent with the purposes of the foregoing methods of payment. Plan. The amount of the withholding requirement Tax Obligations will be deemed to include any amount which that the Administrator Committee agrees may be withheld at the time the election is made, not to exceed the amount determined by using the maximum federal, state or local marginal income tax rates applicable to the Participant or the Company, as applicable, with respect to the Award on the date that the amount of tax or social insurance liability to be 2014 Stock Incentive Plan June 2016 Amendment and Restatement 18 withheld or remitted is to be determined. The fair market value Fair Market Value of the Shares shares to be withheld or delivered will shall be determined as of the date that the taxes Tax Obligations are required to be withheld. View More
Tax Withholding. (a) 11.1 Withholding Requirements. Prior to the delivery of any Shares shares or cash pursuant to an Award (or exercise thereof), or at such earlier time as the Tax Obligations are due, the Company will shall have the power and the right to deduct or withhold, or require a Participant to remit to the Company, an amount sufficient to satisfy federal, state, local, foreign or other taxes (including the Participant's FICA obligation) required to be withheld with respect to such Award (or exercise t...hereof). (b) all Tax Obligations. 11.2 Withholding Arrangements. The Administrator, Committee, in its sole discretion and pursuant to such procedures as it may specify from time to time, may permit designate the method or methods by which a Participant to may satisfy such tax withholding obligation, Tax Obligations. As determined by the Committee in whole its discretion from time to time, these methods may include one or in part by (without limitation) (i) more of the following: (a) paying cash, (ii) (b) electing to have the Company withhold otherwise deliverable Shares cash or shares having a fair market value Fair Market Value equal to the minimum statutory amount required to be withheld, (iii) (c) delivering to the Company already-owned Shares shares having a fair market value Fair Market Value equal to the statutory minimum amount required to be withheld, withheld or remitted, provided the delivery of such Shares shares will not result in any adverse accounting consequences, consequences as the Administrator Committee determines in its sole discretion, (iv) (d) selling a sufficient number of Shares shares otherwise deliverable to the Participant through such means as the Administrator Committee may determine in its sole discretion (whether through a broker or otherwise) equal to the amount -14- Tax Obligations required to be withheld, (v) such (e) retaining from salary or other consideration and method of payment for the meeting of tax withholding obligations as the Administrator may determine, amounts payable to the extent permitted by Participant cash having a sufficient value to satisfy the Tax Obligations, or (f) any other means which the Committee, in its sole discretion, determines to both comply with Applicable Laws or (vi) any combination Laws, and to be consistent with the purposes of the foregoing methods of payment. Plan. The amount of the withholding requirement Tax Obligations will be deemed to include any amount which that the Administrator Committee agrees may be withheld at the time the 2014 Stock Incentive Plan October 1, 2019 Amendment and Restatement - 17 - election is made, not to exceed the amount determined by using the maximum federal, state or local marginal income tax rates applicable to the Participant or the Company, as applicable, with respect to the Award on the date that the amount of tax or social insurance liability to be withheld or remitted is to be determined. The fair market value Fair Market Value of the Shares shares to be withheld or delivered will shall be determined as of the date that the taxes Tax Obligations are required to be withheld. View More
Tax Withholding. (a) Withholding Requirements. Prior to the delivery of any Shares or cash pursuant to an Award (or exercise thereof), or vesting or settlement thereof, as applicable), the Company will have the power and the right to deduct or withhold, or require a Participant to remit to the Company, an amount sufficient to satisfy federal, state, local, foreign or other taxes (including the Participant's FICA obligation) required to be withheld with respect to such Award (or exercise thereof). or vesting or s...ettlement thereof, as applicable). (b) Withholding Arrangements. The Administrator, in its sole discretion and pursuant to such procedures as it may specify from time to time, may permit a Participant to satisfy such tax withholding obligation, in whole or in part by (without limitation) (i) paying cash, (ii) electing to have the Company withhold otherwise deliverable Shares having a fair market value Fair Market Value equal to the minimum statutory amount required to be withheld, (iii) delivering to the Company already-owned Shares having a fair market value Fair Market Value equal to the statutory amount required to be withheld, provided the delivery of such Shares will not result in any adverse accounting consequences, as the Administrator determines in its sole discretion, or (iv) selling a sufficient number of Shares otherwise deliverable to the Participant through such means as the Administrator may determine in its sole discretion (whether through a broker or otherwise) equal to the amount -14- required to be withheld, (v) such other consideration and method of payment for the meeting of tax withholding obligations as the Administrator may determine, to the extent permitted by Applicable Laws or (vi) any combination of the foregoing methods of payment. The amount of the withholding requirement will be deemed to include any amount which the Administrator agrees may be withheld at the time the election is made, not to exceed the amount determined by using the maximum federal, state or local marginal income tax rates applicable to the Participant with respect to the Award on the date that the amount of tax to be withheld is to be determined. The fair market value of the Shares to be withheld or delivered will be determined as of the date that the taxes are required to be withheld. (c) Section 409A of the Code. With respect to Awards subject to Section 409A of the Code, the Plan is intended to comply with the requirements of Section 409A of the Code and the regulations thereunder ("Section 409A"), and the provisions of the Plan and any Award Agreement shall be interpreted in a manner that satisfies the requirements of Section 409A, and the Plan shall be operated accordingly. If any provision of the Plan or any term or condition of any Award would otherwise frustrate or conflict with this intent, the provision, term or condition will be interpreted and deemed amended so as to avoid this conflict. View More
Tax Withholding. (a) Withholding Requirements. Prior to the delivery of any Shares or cash pursuant to an Award (or the exercise thereof), or at such other time as the Company will Tax Obligations are due, the Company, in accordance with the Code and any Applicable Laws, shall have the power and the right to deduct or withhold, or require a Participant Grantee to remit to the Company, an amount sufficient to satisfy federal, state, local, foreign all Tax Obligations. The Administrator may condition such delivery..., payment, or other taxes (including event pursuant to an Award on the Participant's FICA obligation) required to be withheld with respect to payment by the Grantee of any such Award (or exercise thereof). Tax Obligations. (b) Withholding Arrangements. The Administrator, in its sole discretion and pursuant to such procedures as it may specify from time to time, may permit designate the method or methods by which a Participant Grantee may satisfy the Tax Obligations. As determined by the Administrator from time to satisfy such tax withholding obligation, in whole time, these methods may include one or in part by (without limitation) more of the following: 15 (i) paying cash, cash; (ii) electing to have the Company withhold otherwise cash or Shares deliverable Shares to the Grantee having a fair market value Fair Market Value equal to the minimum statutory amount required to be withheld, withheld; (iii) delivering to the Company already-owned Shares having a fair market value Fair Market Value equal to the statutory minimum amount required to be withheld, withheld or remitted, provided the delivery of such Shares will not result in any adverse accounting consequences, consequences as the Administrator determines in its sole discretion, determines; (iv) selling a sufficient number of Shares otherwise deliverable to the Participant Grantee through such means as the Administrator may determine in its sole discretion (whether through a broker or otherwise) equal to the amount -14- Tax Obligations required to be withheld, withheld; (v) such retaining from salary or other consideration and method of payment for the meeting of tax withholding obligations as the Administrator may determine, amounts payable to the extent permitted by Applicable Laws Grantee cash having a sufficient value to satisfy the Tax Obligations; or (vi) any combination other means which the Administrator determines to both comply with Applicable Laws, and to be consistent with the purposes of the foregoing methods of payment. Plan. The amount of the withholding requirement Tax Obligations will be deemed to include any amount which that the Administrator agrees determines may be withheld at the time the election is made, not to exceed the amount determined by using the maximum federal, state or state, local and foreign marginal income tax rates applicable to the Participant Grantee or the Company, as applicable, with respect to the Award on the date that the amount of tax or social insurance liability to be withheld or remitted is to be determined. The fair market value Fair Market Value of the Shares to be withheld or delivered will shall be determined as of the date that the taxes Tax Obligations are required to be withheld. View More
Tax Withholding. (a) Withholding Requirements. Prior to the delivery of any Shares or cash pursuant to an Award (or the exercise thereof), or at such other time as the Company will Tax Obligations are due, the Company, in accordance with the Code and any Applicable Laws, shall have the power and the right to deduct or withhold, or require a Participant Grantee to remit to the Company, an amount sufficient to satisfy federal, state, local, foreign all Tax Obligations. The Administrator may condition such delivery..., payment, or other taxes (including event pursuant to an Award on the Participant's FICA obligation) required to be withheld with respect to payment by the Grantee of any such Award (or exercise thereof). Tax Obligations. (b) Withholding Arrangements. The Administrator, in its sole discretion and pursuant to such procedures as it may specify from time to time, may permit designate the method or methods by which a Participant Grantee may satisfy the Tax Obligations. As determined by the Administrator from time to satisfy such tax withholding obligation, in whole time, these methods may include one or in part by (without limitation) more of the following: (i) paying cash, cash; (ii) electing to have the Company withhold otherwise cash or Shares deliverable Shares to the Grantee having a fair market value Fair Market Value equal to the minimum statutory amount required to be withheld, withheld; (iii) delivering to the Company already-owned Shares having a fair market value Fair Market Value equal to the statutory amount required to be withheld, withheld or remitted, provided the delivery of such Shares will not result in any adverse accounting consequences, consequences as the Administrator determines in its sole discretion, determines; 12 (iv) selling a sufficient number of Shares otherwise deliverable to the Participant Grantee through such means as the Administrator may determine in its sole discretion (whether through a broker or otherwise) equal to the amount -14- Tax Obligations required to be withheld, withheld; (v) such retaining from salary or other consideration and method of payment for the meeting of tax withholding obligations as the Administrator may determine, amounts payable to the extent permitted by Applicable Laws Grantee cash having a sufficient value to satisfy the Tax Obligations; or (vi) any combination other means which the Administrator determines to both comply with Applicable Laws, and to be consistent with the purposes of the foregoing methods of payment. Plan. The amount of the withholding requirement Tax Obligations will be deemed to include any amount which that the Administrator agrees determines may be withheld at the time the election is made, not to exceed the amount determined by using the maximum federal, state or state, local and foreign marginal income tax rates applicable to the Participant Grantee or the Company, as applicable, with respect to the Award on the date that the amount of tax or social insurance liability to be withheld or remitted is to be determined. The fair market value Fair Market Value of the Shares to be withheld or delivered will shall be determined as of the date that the taxes Tax Obligations are required to be withheld. View More
