Cash Award Eligibility and Repayment Conditions. Within 120 days after the Effective Date of the CIA, Indivior shall implement an eligibility and repayment condition on Cash Awards that will allow Indivior, as a consequence of a Triggering Event, to pursue repayment from Covered Executives of an amount equivalent to up to two years of Cash Awards paid to the individual. These eligibility and repayment conditions shall be designed to survive the payment of the Covered Executive’s Cash Award and the separation of the Covered Executive’s employment for a period of two years from the payment of the Cash Award. If payment of any portion of a Cash Award is Indivior Corporate Integrity Agreement Appendix C 2 deferred on a mandatory or voluntary basis, the two-year period shall be measured from the date the bonus would have been paid in the absence of deferral. If an Affirmative Recoupment Determination is made, Indivior shall endeavor to collect repayment of any Cash Award from the Covered Executive through reasonable and appropriate means according to the terms of its Cash Award plan (or executive contract if applicable), and to the extent permitted by controlling law of the relevant jurisdiction. If necessary and appropriate to collect the repayment, Indivior shall file suit against the Covered Executive unless good cause exists not to do so. For purposes of the Executive Financial Recoupment Program, good cause shall include, but not be limited to, a financial inability on the part of the Covered Executive to repay any recoupment amount or Indivior’s inability to bring such a suit under the controlling law of the relevant jurisdiction.
Cash Award Eligibility and Repayment Conditions. ABC and ABC Affiliates shall implement an eligibility and repayment condition on annual Cash Awards that shall be designed to survive both the payment of the Cash Award and the separation of an Eligible Individual’s employment. This will allow ABC and the ABC Affiliates, as a consequence of a Triggering Event, to pursue repayment in accordance with Paragraph B(ii) from the Eligible Individual of all or a portion of the Cash Award paid to the Eligible Individual. To the extent permitted by controlling law, these Cash Award eligibility and repayment conditions shall survive the payment of the Eligible Individual’s Cash Award and the separation of the Eligible Individual’s employment for a period of 3 years from the payment of the Cash Award for the applicable plan year. If payment of any portion of a Cash Award is deferred on a mandatory or voluntary basis, the 3-year period shall be measured from the date the Cash Award would have been paid in the absence of deferral. If an Affirmative Recoupment Determination is made, ABC and/or the applicable ABC Affiliate shall endeavor to collect repayment of any Cash Award from the Eligible Individual through reasonable and appropriate means according to the terms of the incentive plan (or executive contract if applicable), and to the extent permitted by controlling law of the relevant jurisdiction. If necessary and appropriate to collect the repayment, ABC or the ABC Affiliate shall file suit against the Eligible Individual unless good cause exists not to do so. For purposes of the Financial Recoupment Program, good cause shall include, but not be limited to, a financial inability on the part of the Eligible Individual to repay any recoupment amount or ABC or the ABC Affiliates’ inability to bring such a suit under the controlling law of the relevant jurisdiction.
Cash Award Eligibility and Repayment Conditions. Insys shall implement an eligibility and repayment condition on annual Cash Awards that shall be designed to survive both the payment of the Cash Award and the separation of an Eligible Individual’s employment. This will allow Insys, as a consequence of a Triggering Event, to pursue repayment from the Eligible Individual of all or a portion of the Cash Award paid to the Eligible Individual. To the extent permitted by controlling law, these Cash Award eligibility and repayment conditions shall survive the payment of the Eligible Individual’s Cash Award and the separation of the Eligible Individual’s employment for a period of 3 years from the payment of the Cash Award for the applicable plan year. If payment of any portion of a Cash Award is deferred on a mandatory or voluntary basis, the 3-year period shall be measured from the date the Cash Award would have been paid in the absence of deferral. If an Affirmative Recoupment Determination is made, Insys shall endeavor to collect repayment of any Cash Award from the Eligible Individual through reasonable and appropriate means according to the terms of the incentive plan (or executive contract if applicable), and to the extent permitted by controlling law of the relevant jurisdiction. If necessary and appropriate to collect the repayment, Insys shall file suit against the Eligible Individual unless good cause exists not to do so. For purposes of the Financial Recoupment Program, good cause shall include, but not be limited to, a financial inability on the part of the Eligible Individual to repay any recoupment amount or Insys’s inability to bring such a suit under the controlling law of the relevant jurisdiction.
Cash Award Eligibility and Repayment Conditions. Sandoz shall implement an eligibility and repayment condition on Cash Awards that will allow Sandoz, as a consequence of a Triggering Event, to pursue repayment from Covered Executives of all or any portion of Cash Awards paid to the individual in the three years prior to the Affirmative Recoupment Determination. To the extent permitted by controlling law, these eligibility and repayment conditions shall be designed to survive the payment of the Covered Executive’s Cash Award and the separation of the Covered Executive’s employment for a period of three years from the payment of the Cash Award. If payment of any portion of a Cash Award is deferred on a mandatory or voluntary basis, the three-year period shall be measured from the date the bonus would have been paid in the absence of deferral. If an Affirmative Recoupment Determination is made, Sandoz shall endeavor to collect repayment of any Cash Award from the Covered Executive through reasonable and appropriate means according to the terms of its Cash Award plan (or executive contract if applicable), and to the extent permitted by controlling law of the relevant jurisdiction. If necessary and appropriate to collect the repayment, Sandoz shall file suit against the Covered Executive unless good cause exists not to do so. For purposes of the Executive Financial Recoupment Program, good cause shall include, but not be limited to, a financial inability on the part of the Covered Executive to repay any recoupment amount or Sandoz’s inability to bring such a suit under the controlling law of the relevant jurisdiction.
