Common use of Clawback of Compensation Clause in Contracts

Clawback of Compensation. Executive agrees to repay any compensation previously paid or otherwise made available to him that is subject to recovery under any applicable law, rule, or regulation (including any rule of any exchange or service through which the securities of the Company are then traded) where such compensation was in excess of what should have been paid or made available because the determination of the amount due was based, in whole or in part, on materially inaccurate financial information of Employer. Executive agrees to return or repay promptly any such compensation identified by Employer. If Executive fails to return or repay any such compensation promptly, Executive agrees that the amount of such compensation may be deducted from any and all other compensation owed to Executive. Executive acknowledges that Employer may take appropriate disciplinary action (up to, and including, termination of employment) if Executive fails to return or repay any such compensation. The provisions of this Section 4(i) shall be modified to the extent, and remain in effect for the period, required by applicable law, rule, or regulation.

Appears in 2 contracts

Samples: Employment Agreement (Commerce Union Bancshares, Inc.), Employment Agreement (Commerce Union Bancshares, Inc.)

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Clawback of Compensation. Executive agrees to repay any compensation previously paid or otherwise made available to him that is subject to recovery under any applicable law, rule, or regulation (including any rule of any exchange or service through which the securities of the Company are then traded) where such compensation was in excess of what should have been paid or made available because the determination of the amount due was based, in whole or in part, on materially inaccurate financial information of Employer. Executive agrees to return or repay promptly any such compensation identified by Employer. If Executive fails to return or repay any such compensation promptly, Executive agrees that the amount of such compensation may be deducted from any and all other compensation owed to Executive. Executive acknowledges that Employer may take appropriate disciplinary action (up to, and including, termination of employment) if Executive fails to return or repay any such compensation. The provisions of this Section 4(i4(j) shall be modified to the extent, and remain in effect for the period, required by applicable law, rule, or regulation.

Appears in 2 contracts

Samples: Employment Agreement (Commerce Union Bancshares, Inc.), Employment Agreement (Commerce Union Bancshares, Inc.)

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Clawback of Compensation. Executive agrees to repay any compensation previously paid or otherwise made available to him that is subject to recovery under any applicable law, rule, or regulation (including any rule of any exchange or service through which the securities of the Company are then traded) where such compensation was in excess of what should have been paid or made available because the determination of the amount due was based, in whole or in part, on materially inaccurate financial information of Employer. Executive agrees to return or repay promptly any such compensation identified by Employer. If Executive fails to return or repay any such compensation promptly, Executive agrees that the amount of such compensation may be deducted from any and all other compensation owed to Executive. Executive acknowledges that Employer may take appropriate disciplinary action (up to, and including, termination of employment) if Executive fails to return or repay any such compensation. The provisions of this Section 4(i4(h) shall be modified to the extent, and remain in effect for the period, required by applicable law, rule, or regulation.

Appears in 1 contract

Samples: Employment Agreement (Commerce Union Bancshares, Inc.)

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