Common use of Performance-Based Equity Award Repayments Clause in Contracts

Performance-Based Equity Award Repayments. In regard only to any performance-based equity awards granted to you by the Company, you shall repay to the Company, by certified check, within sixty (60) days after a written demand is made by the Company, an amount equal to (a) the total amount of Award Gain (as defined herein) realized by you during the Forfeiture Period upon each exercise of such performance-based options and the value you have received with respect to any settlement or payment in connection with any other performance-based equity awards, and (b) the fair market value of all other performance-based equity awards granted to you or which have become vested during the Forfeiture Period; provided that, the return to the Company of such other performance-based equity awards shall satisfy your repayment obligations with respect to amounts owed pursuant to this sub-clause (b); provided further that, your repayment obligations under this Section 10.6.3.2 shall be limited to the extent that the granting or value of the performance-based equity awards was impacted by the Company’s reliance on the false or misleading financial statements during the Forfeiture Period. “Award Gain” shall mean, with respect to performance-based equity awards only, the product of (x) the fair market value per share of stock at the date of such option exercise or exercise of other equity awards (without regard to any subsequent change in the market price of such share of stock) minus the exercise price times (y) the number of shares as to which the options and other equity awards were exercised at that date.

Performance-Based Equity Award Repayments. In regard only to any performance-based equity awards granted to you by the Company, you shall repay to the Company, by certified check, within sixty (60) days after a written demand is made by the Company, an amount equal to (a) the total amount of Award Gain (as defined herein) realized by you during the Forfeiture Period upon each exercise of such performance-based options and the value you have received with respect to any settlement or payment in connection with any other performance-based equity awards, and (b) the fair market value of all other performance-based equity awards granted to you or which have become vested during the Forfeiture Period; provided that, the return to the Company of such other performance-based equity awards shall satisfy your repayment obligations with respect to amounts owed pursuant to this sub-clause (b); provided further that, your repayment obligations under this Section 10.6.3.2 shall be limited to the extent that the granting or value of the performance-based equity awards was impacted by the Company’s 's reliance on the false or misleading financial statements during the Forfeiture Period. “"Award Gain” " shall mean, with respect to performance-based equity awards only, the product of (x) the fair market value per share of stock at the date of such option exercise or exercise of other equity awards (without regard to any subsequent change in the market price of such share of stock) minus the exercise price times (y) the number of shares as to which the options and other equity awards were exercised at that date.

Performance-Based Equity Award Repayments. In regard only to any performance-based equity awards granted to you by the Company, you shall repay to the Company, by certified check, within sixty (60) days after a written demand is made by the Company, an amount equal to (a) the total amount of Award Gain (as defined herein) realized by you during the Forfeiture Period upon each exercise of such performance-based options and the value you have received with respect to any settlement or payment in connection with any other performance-based equity awards, and (b) the fair market value of all other performance-based equity awards granted to you or which have become vested during the Forfeiture Period; provided that, the return to the Company of such other performance-based equity awards shall satisfy your repayment obligations with respect to amounts owed pursuant to this sub-clause (b); provided further that, your repayment obligations under this Section 10.6.3.2 shall be limited to the extent that the granting or value of the performance-based equity awards was impacted by the Company’s reliance on the false or misleading financial statements during the Forfeiture Period. “Award Gain” shall mean, with respect to performance-performance- based equity awards only, the product of (x) the fair market value per share of stock at the date of such option exercise or exercise of other equity awards (without regard to any subsequent change in the market price of such share of stock) minus the exercise price times (y) the number of shares as to which the options and other equity awards were exercised at that date.