Common use of Adjustment of Performance-Based Compensation Clause in Contracts

Adjustment of Performance-Based Compensation. Awards that are intended to qualify as Performance-Based Compensation may not be adjusted upward. The Administrator shall retain the discretion to adjust such Awards downward, either on a formula or discretionary basis or any combination, as the Administrator determines.

Appears in 8 contracts

Samples: 2017 Equity Incentive Plan (Cardiovascular Systems Inc), 2016 Equity Incentive Plan (Nuvel Holdings, Inc.), Equity Incentive Plan (Nuvel Holdings, Inc.)

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Adjustment of Performance-Based Compensation. Awards that are intended to qualify as Performance-Based Compensation may not be adjusted upwardupward so as to enrich the Award. The Administrator Committee shall retain the discretion to adjust such Awards downward, either on a formula or discretionary basis or any combination, as the Administrator Committee determines.

Appears in 3 contracts

Samples: 2011 Omnibus Equity Plan (KEMPER Corp), 2011 Omnibus Equity Plan (KEMPER Corp), 2005 Restricted Stock and Restricted Stock Unit Plan (Unitrin Inc)

Adjustment of Performance-Based Compensation. Awards that are intended to qualify as Performance-Based Compensation may not be adjusted upward. The Administrator Board shall retain the discretion to adjust such Awards downward, either on a formula or discretionary basis or any combination, as the Administrator Board determines.

Appears in 1 contract

Samples: Employment Agreement (NPS Pharmaceuticals Inc)

Adjustment of Performance-Based Compensation. Awards that are intended to qualify as Performance-Based Compensation may not be adjusted upward. The Administrator Board shall retain the discretion to adjust such Awards downward, either on a formula or discretionary basis basis, or any combination, combination as the Administrator Committee determines.

Appears in 1 contract

Samples: Merger Agreement (Enterprise Acquisition Corp.)

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Adjustment of Performance-Based Compensation. Awards that are intended designed to qualify as Performance-Based Compensation may not be adjusted upward. The Administrator Committee shall retain the discretion to adjust such Awards downward, either on a formula or discretionary basis or any combination, as the Administrator Committee determines.

Appears in 1 contract

Samples: Employment Agreement

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