Definition of Triggering Events. The forfeiture and repayment conditions described above shall be triggered upon a Recoupment Determination that finds either of the following (each, a “Triggering Event”):
(i) Significant Misconduct (i.e., a violation of a law or regulation or a significant violation of an Indivior policy) relating to Covered Functions by the Covered Executive that, if discovered prior to payment, would have made the Covered Executive ineligible for a Cash or Equity Award in that plan year or subsequent plan years; or
(ii) Significant Misconduct (as defined above) relating to Covered Functions by subordinate employees in the business unit for which the Covered Executive had responsibility on or after 120 days after the Effective Date of the CIA that does not constitute an isolated occurrence and which the Covered Executive knew or should have known was occurring that, if discovered prior to payment, would have made the Covered Executive ineligible for a Cash or Equity Award in that plan year or subsequent plan years.
Definition of Triggering Events. The forfeiture and repayment conditions described above shall be triggered upon a Recoupment Determination that finds:
(i) significant misconduct (i.e., significant violation of a J&J or J&J Pharmaceutical Affiliate policy or regulation or law) relating to the manufacturing, sales or marketing of pharmaceutical products by the Covered Executive that, if discovered prior to payment, would have made the Covered Executive ineligible for a bonus or Equity Award in that plan year or subsequent plan years; or
(ii) significant misconduct (as defined above) relating to the manufacturing, sales or marketing of pharmaceutical products by subordinate employees in the business unit for which the Covered Executive had responsibility that does not constitute an isolated occurrence and which the Covered Executive knew or should have known was occurring that, if discovered prior to payment, would have made the Covered Executive in question ineligible for a bonus or Equity Awards in that plan year or subsequent plan years.
Definition of Triggering Events. The forfeiture and repayment conditions described above shall be triggered upon a Recoupment Determination that finds:
(i) Significant Misconduct relating to the Covered Functions (as defined in Section II.E.6 of the CIA) by the Eligible Individual that, if discovered prior to payment, would have made the Eligible Individual ineligible for a Cash or Equity Award in that plan year or subsequent plan years; or
(ii) Significant Misconduct (as defined above) relating to the Covered Functions (as defined in Section II.E.6 of the CIA) by subordinate employees in the business unit for which the Eligible Individual had responsibility that does not constitute an isolated occurrence and which the Eligible Individual knew or should have known was occurring that, if discovered prior to payment, would have made the Eligible Individual ineligible for a Cash or Equity Award in that plan year or subsequent plan years.
Definition of Triggering Events. Each of the following events set forth in clauses (i) through (iii) below will constitute a "Triggering Event" after December 31, 2003, for purposes of Section 11.3.
(i) Microsoft, Accenture Ltd or any of their respective Subsidiaries (the "At-Fault Party") forms a Competing Alliance with IBM Corporation; provided that notwithstanding the foregoing, Microsoft shall not be restricted in any way from formalizing arrangements associated with collaborative research, development, marketing and sale of enabling technology, Microsoft Enterprise Solutions Platform software and computer hardware products other than Competing Services or Competing Business Solutions;
(ii) The At-Fault Party directly or indirectly makes a Material Investment in a Principal Competitor of Microsoft (if the At-Fault Party is Accenture Ltd) or Accenture (if the At-Fault Party is Microsoft); or a Principal Competitor of Microsoft (if the At-Fault Party is Accenture Ltd) or Accenture (if the At-Fault Party is Microsoft) directly or indirectly acquires outstanding equity of the At-Fault Party that represents (x) more than twenty percent (20%) of the votes entitled to be cast by the holders of all outstanding equity of the At-Fault Party or (y) more than twenty percent (20%) of the value of all outstanding equity of the At-Fault Party; provided that notwithstanding the foregoing, both Microsoft and Accenture shall have the right to make a Material Investment in an application services provider or hosting provider; or
(iii) The At-Fault Party forms, creates or otherwise makes a direct or indirect investment (in one or a series of transactions) in any Avanade Competitor of comparable (or greater) size to Avanade (measured on the basis of both number of personnel and locations), provided that notwithstanding the foregoing, both Microsoft and Accenture Ltd or their Subsidiaries may make a Permitted Avanade Competitor Investment.
Definition of Triggering Events. The eligibility and repayment conditions described above shall be triggered upon a Recoupment Determination that finds:
(i) significant misconduct (e.g., violation of a significant GSK policy, or regulation, or law) by the Covered Executive that, if discovered prior to payment, would have made the Covered Executive ineligible for an annual bonus, bonus deferral or LTI Plan grant in that plan year or subsequent plan years; or
(ii) significant misconduct by subordinate employees in the business unit over which the Covered Executive had responsibility that does not constitute an isolated occurrence and which the Covered Executive knew or should have known was occurring that, if discovered prior to payment, would have made the Covered Executive and/or employees in question ineligible for an annual bonus, bonus deferral or LTI Plan grant in that plan year or subsequent plan years.
Definition of Triggering Events. The forfeiture and repayment conditions described above shall be triggered upon a Recoupment Determination that finds either of the following (each, a “Triggering Event”):
(i) Significant Misconduct (i.e., a violation of law or regulation or a violation of a significant Sandoz policy) relating to Pricing and Contracting Functions by the Covered Executive that, if discovered prior to payment, would have made the Covered Executive ineligible for a Cash or Equity Award in that plan year or subsequent plan years; or
(ii) Significant Misconduct (as defined above) relating to Pricing and Contracting Functions by subordinate employees in the business unit for which the Covered Executive had responsibility that does not constitute an isolated occurrence and which the Covered Executive knew or should have known was occurring that, if discovered prior to payment, would have made the Covered Executive ineligible for a Cash or Equity Award in that plan year or subsequent plan years.
Definition of Triggering Events. The forfeiture and recoupment conditions described above shall be triggered upon a Recoupment Determination that finds either of the following (each, a “Triggering Event”):
(i) Significant Misconduct (i.e., a violation of a law or regulation or a significant violation of a Mallinckrodt policy) relating to Covered Functions by the Covered Executive that, if discovered prior to payment, would have made the Covered Executive ineligible for a Cash Award or Equity Award in the applicable award plan year or subsequent award plan years; or
(ii) Significant Misconduct (as defined above) relating to Covered Functions by subordinate employees in the business unit for which the Covered Executive had responsibility on or after 150 days after the Effective Date of the CIA that does not constitute an isolated occurrence and which the Covered Executive knew or should have known was occurring that, if discovered prior to payment, would have made the Covered Executive ineligible for a Cash Award or Equity Award in the applicable award plan year or subsequent award plan years.
Definition of Triggering Events. The eligibility and repayment conditions described above shall be triggered upon a Recoupment Determination that finds:
(i) significant misconduct (e.g., violation of a significant Par policy, or regulation, or law) by the Covered Executive that, if discovered prior to payment, would have made the Covered Executive ineligible for an annual bonus, bonus deferral, or other deferred or unvested Equity Awards in that plan year or subsequent plan years; or
(ii) significant misconduct by subordinate employees in the business unit over which the Covered Executive had responsibility that does not constitute an isolated occurrence and which the Covered Executive knew or should have known was occurring that, if discovered prior to payment, would have made the Covered Executive and/or employees in question ineligible for an annual bonus, bonus deferral or other deferred or unvested Equity Awards in that plan year or subsequent plan years.
Definition of Triggering Events. The forfeiture and repayment conditions described above shall be triggered upon a Recoupment Determination that finds either of the following (each, a “Triggering Event”):
(i) Significant Misconduct relating to Pricing and Contracting Functions by the Covered Executive that, if discovered prior to payment, would have made the Covered Executive ineligible for a Cash or Equity Award in that plan year or subsequent plan years; or
(ii) Significant Misconduct relating to Pricing and Contracting Functions by subordinate employees in the business unit for which the Covered Executive had responsibility that does not constitute an isolated occurrence and which the Covered Executive knew or should have known was occurring that, if discovered prior to payment, would have made the Covered Executive ineligible for a Cash or Equity Award in that plan year or subsequent plan years.
Definition of Triggering Events. The forfeiture and repayment conditions described above shall be triggered upon a Recoupment Determination that finds either of the following (each, a “Triggering Event”):
(i) significant violation of an ABC or ABC Affiliate policy or regulation or law (“Significant Misconduct”) relating to the Covered Functions (as defined in section II.C of the CIA) by the Eligible Individual that, if discovered prior to payment, would have made the Eligible Individual ineligible for a Cash or Equity Award in that plan year or subsequent plan years; or
(ii) Significant Misconduct relating to the Covered Functions (as defined in section II.C of the CIA) by subordinate employees in the business unit for which the Eligible Individual had responsibility that does not constitute an isolated occurrence and which the Eligible Individual knew or should have known was occurring that, if discovered prior to payment, would have made the Eligible Individual ineligible for a Cash or Equity Award in that plan year or subsequent plan years.
