Recoupment Provisions. (a) Subject to the clawback provisions of the Xxxxxxxx-Xxxxx Act of 2002, the Committee may, in its sole discretion, direct that the Company recoup, and upon demand by the Company the Grantee agrees to return to the Company, all or a portion of any Shares paid to the Grantee hereunder computed using financial information or performance metrics later found to be materially inaccurate. The number of Shares to be recovered shall be equal to the excess of the number of Shares paid out over the number of Shares that would have been paid out had such financial information or performance metric been fairly stated at the time the payout was made.
Appears in 10 contracts
Samples: Performance Share Agreement, Restricted Stock Unit Agreement (Reynolds American Inc), Performance Share Agreement (Reynolds American Inc)
Recoupment Provisions. (a) Subject to the clawback provisions of the Xxxxxxxx-Xxxxx Act of 2002, the Compensation Committee may, in its sole discretion, direct that the Company recoup, and upon demand by the Company the Grantee agrees to return to the Company, all or a portion of any Shares paid to the Grantee hereunder computed using financial information or performance metrics later found to be materially inaccurate. The number of Shares to be recovered shall be equal to the excess of the number of Shares paid out over the number of Shares that would have been paid out had such financial information or performance metric been fairly stated at the time the payout was made.
Appears in 6 contracts
Samples: Performance Share Agreement (Reynolds American Inc), Performance Share Agreement (Reynolds American Inc), Performance Share Agreement (Reynolds American Inc)
Recoupment Provisions. (a) Subject to the clawback provisions of the XxxxxxxxSxxxxxxx-Xxxxx Act of 2002, the Committee may, in its sole discretion, direct that the Company recoup, and upon demand by the Company the Grantee agrees to return to the Company, all or a portion of any Shares paid to the Grantee hereunder computed using financial information or performance metrics later found to be materially inaccurate. The number of Shares to be recovered shall be equal to the excess of the number of Shares paid out over the number of Shares that would have been paid out had such financial information or performance metric been fairly stated at the time the payout was made.
Appears in 2 contracts
Samples: Performance Share Agreement (Reynolds American Inc), Performance Share Agreement (Reynolds American Inc)