Common use of Compliance With Code Section 162(m) Clause in Contracts

Compliance With Code Section 162(m). Notwithstanding any other provision of the Plan, with respect to an Award of Restricted Stock made to any Key Employee Participant that is intended to be “performance-based compensation” (within the meaning of Code Section 162(m)), the following provisions shall apply:

Compliance With Code Section 162(m). Notwithstanding any other provision of the Plan, with respect to an a Performance Award of Restricted Stock made granted to any Key Employee Participant that is intended to be “performance-based compensation” (within the meaning of Code Section 162(m)), the following provisions shall apply: