Equity Award Eligibility and Repayment Conditions. ABC and ABC Affiliates shall implement an eligibility and repayment condition on annual Equity Awards that shall be designed to survive the vesting or distribution of the Equity 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 Equity Award. To the extent permitted by controlling law, these Equity Award eligibility and repayment conditions will survive the vesting or distribution of the Eligible Individual’s Equity Award and the separation of the Eligible Individual’s employment for a period of 3 years from the vesting or distribution of the Equity Award. If payment of any portion of an Equity Award is deferred on a mandatory or voluntary basis, the 3-year period shall be measured from the date the Equity Award would have been vested or distributed in the absence of deferral. If an Affirmative Recoupment Determination is made, ABC and the ABC Affiliates shall endeavor to collect repayment of any Equity Awards 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.
Equity Award Eligibility and Repayment Conditions. Insys shall implement an eligibility and repayment condition on annual Equity Awards that shall be designed to survive the vesting or distribution of the Equity 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 Equity Award. To the extent permitted by controlling law, these Equity Award eligibility and repayment conditions will survive the vesting or distribution of the Eligible Individual’s Equity Award and the separation of the Eligible Individual’s employment for a period of 3 years from the vesting or distribution of the Equity Award. If payment of any portion of an Equity Award is deferred on a mandatory or voluntary basis, the 3-year period shall be measured from the date the Equity Award would have been vested or distributed in the absence of deferral. If an Affirmative Recoupment Determination is made, Insys shall endeavor to collect repayment of any Equity Awards 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.
