Executive Bonus. The first sentence of Section 2(f) of the Registration Rights Agreement shall be replaced and as amended shall read in its entirety as follows: “If the Company does not file a Registration Statement registering the resale of the Registrable Shares before December 31, 2011, other than as a result of the Commission being unable to accept such filing (a “Registration Default”), then, each of R. Xxxxxx Xxxxxx, Xxxxxxxxxxx X. Xxxxxxxx, R. Xxxxx Xxxxxxxxxx and Xxxxxxx X. Xxxxxx, if employed by the Company and owed a performance bonus, shall immediately forfeit 50%, and shall thereafter forfeit an additional 10% for each month the Registration Default continues, of any performance bonus that would otherwise be payable to him during that fiscal year (or to which he became entitled as a result of performance during that fiscal year), whether under an employment agreement with the Company, a bonus plan or any other bonus arrangement, including any bonus compensation for which payment would otherwise be deferred until after that fiscal year.”
Appears in 2 contracts
Samples: Registration Rights Agreement (North American Financial Holdings, Inc.), Registration Rights Agreement (North American Financial Holdings, Inc.)
Executive Bonus. The first sentence of Section 2(f) of the Registration Rights Agreement shall be replaced and as amended shall read in its entirety as follows: “If the Company does not file a Registration Statement registering the resale of the Registrable Shares before December 31June 30, 20112012, other than as a result of the Commission being unable to accept such filing (a “Registration Default”), then, each of R. Xxxxxx Xxxxxx, Xxxxxxxxxxx X. Xxxxxxxx, R. Xxxxx Xxxxxxxxxx and Xxxxxxx X. Xxxxxx, if employed by the Company and owed a performance bonus, shall immediately forfeit 50%, and shall thereafter forfeit an additional 10% for each month the Registration Default continues, of any performance bonus that would otherwise be payable to him during that fiscal year (or to which he became entitled as a result of performance during that fiscal year), whether under an employment agreement with the Company, a bonus plan or any other bonus arrangement, including any bonus compensation for which payment would otherwise be deferred until after that fiscal year.”
Appears in 2 contracts
Samples: Registration Rights Agreement (North American Financial Holdings, Inc.), Registration Rights Agreement (North American Financial Holdings, Inc.)