Common use of Recovery of Bonuses and Incentive Compensation Clause in Contracts

Recovery of Bonuses and Incentive Compensation. (a) Notwithstanding anything in this Agreement to the contrary, all bonuses and incentive compensation paid hereunder (whether in stock or in cash) shall be subject to recovery by the Company in the event that such bonuses or incentive compensation is based on materially inaccurate financial statements (which includes, but is not limited to, statements of earnings, revenues, or gains) or other materially inaccurate performance metric criteria; provided that a determination as to the recovery of a bonus or incentive compensation shall be made within twelve (12) months following the date such bonus or incentive compensation was paid (or such longer period as required by EESA).

Appears in 2 contracts

Samples: Employment Agreement (Caspian Services Inc), Release Agreement (Ameriserv Financial Inc /Pa/)

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Recovery of Bonuses and Incentive Compensation. (a) Notwithstanding anything in this the Agreement to the contrary, all bonuses and incentive compensation paid hereunder (whether in stock or in cash) shall be subject to recovery by the Company Employer in the event that such bonuses or incentive compensation is based on materially inaccurate financial statements (which includes, but is not limited to, statements of earnings, revenues, or gains) or other materially inaccurate performance metric criteria; provided that a determination as to the recovery of a bonus or incentive compensation shall be made within twelve (12) months following the date such bonus or incentive compensation was paid (or such longer period as required by EESA)paid.

Appears in 2 contracts

Samples: Employment Agreement (Caspian Services Inc), Employment Agreement (Caspian Services Inc)

Recovery of Bonuses and Incentive Compensation. (a) Notwithstanding anything in this Agreement to the contrary, all bonuses and incentive compensation paid hereunder (whether in stock or in cash) shall be subject to recovery by the Company Bank in the event that such bonuses or incentive compensation is based on materially inaccurate financial statements (which includes, but is not limited to, statements of earnings, revenues, or gains) or other materially inaccurate performance metric criteria; provided that a determination as to the recovery of a bonus or incentive compensation shall be made within twelve (12) months following the date such bonus or incentive compensation was paid (or such longer period as required by EESAEESA (as defined below)).

Appears in 1 contract

Samples: Release Agreement (Ameriserv Financial Inc /Pa/)

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Recovery of Bonuses and Incentive Compensation. (a) Notwithstanding anything in this Agreement to the contrary, all bonuses and incentive compensation paid hereunder (whether in stock or in cash) shall be subject to recovery by the Company AmeriServ in the event that such bonuses or incentive compensation is based on materially inaccurate financial statements (which includes, but is not limited to, statements of earnings, revenues, or gains) or other materially inaccurate performance metric criteria; provided that a determination as to the recovery of a bonus or incentive compensation shall be made within twelve (12) months following the date such bonus or incentive compensation was paid (or such longer period as required by EESA)paid.

Appears in 1 contract

Samples: Release Agreement (Ameriserv Financial Inc /Pa/)

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