Definition of Covered Executives. Within 120 days after the Effective Date of the CIA, Aegerion shall modify and supplement its annual Bonus plans (and any employment and other contracts, as appropriate) by imposing the eligibility and repayment conditions described below on future Bonuses and Equity Awards and making the additional remedies described below applicable to (i) the following Covered Persons who are executives of Novelion Therapeutics Inc., by virtue of Novelion Therapeutics Inc.’s, contractual service obligation to Aegerion Pharmaceuticals, Inc.: the Chief Executive Officer; the Chief Financial and Administration Officer; the General Counsel; the Global Chief Compliance Officer; the Chief Commercial Officer; the Head of Research & Development; and the Senior Vice President Human Resources (collectively, the “Novelion Covered Executives”); and (ii) Covered Persons who are executives of Aegerion at the level of Senior Vice President, President, or above (the “Aegerion Covered Executives”). Novelion Covered Executives and Aegerion Covered Executives are collectively referred to hereafter as “Covered Executives”. Aegerion shall implement policies and procedures and, as necessary, shall modify contracts with Covered Executives so that beginning in calendar year 2018 the Bonuses and Equity Awards may be recouped if an Affirmative Recoupment Determination is made. The forfeiture and recoupment rights described above shall apply prospectively to Covered Executives beginning with the calendar year 2018 Bonus plan and Equity Award years.
