Repayment and Forfeiture. The Participant specifically recognizes and affirms that each of the covenants contained in Paragraphs C.1 through C.4 of this Agreement is a material and important term of this Agreement that has induced the Company to provide for the award of the PSUs and the LTC Award granted hereunder, the disclosure of Confidential Information referenced herein, and the other promises made by the Company herein. The Participant further agrees that in the event that (i) the Company determines that the Participant has breached any term of Paragraphs C.1 through C.4 or (ii) all or any part of Paragraph C is held or found invalid or unenforceable for any reason whatsoever by a court of competent jurisdiction in an action between the Participant and the Company, in addition to any other remedies at law or in equity the Company may have available to it, the Company may in its sole discretion: (a) cancel any unpaid PSUs or any LTC Award granted hereunder; and (b) require the Participant to pay to the Company the value (determined as of the date paid) of any PSUs and any portion of any LTC Award granted hereunder that have been paid out. In addition to the provisions of this Paragraph C.6, the Participant agrees that he or she will be bound by the terms of any Company compensation clawback policy applicable to the Participant that the Company may adopt from time to time.
Appears in 5 contracts
Samples: Performance Stock Units / Long Term Cash Award Agreement (Pepsico Inc), Performance Stock Units / Long Term Cash Award Agreement (Pepsico Inc), Pepsico Performance Stock Units / Long Term Cash Award (Pepsico Inc)
Repayment and Forfeiture. The Participant specifically recognizes and affirms that each of the covenants contained in Paragraphs C.1 through C.4 of this Agreement is a material and important term of this Agreement that has induced the Company to provide for the award of the PSUs and the LTC Award granted hereunder, the disclosure of Confidential Information referenced herein, and the other promises made by the Company herein. The Participant further agrees that in the event that (i) the Company determines that the Participant has breached any term of Paragraphs C.1 through C.4 or (ii) all or any part of Paragraph C is held or found invalid or unenforceable for any reason whatsoever by a court of competent jurisdiction in an action between the Participant and the Company, in addition to any other remedies at law or in equity the Company may have available to it, the Company may in its sole discretion:
(a) cancel any unpaid PSUs or any LTC Award granted hereunder; andand/or
(b) require the Participant to pay to the Company the value (determined as of the date paid) of any PSUs and any portion of any LTC Award granted hereunder that have been paid out. In addition to the provisions of this Paragraph C.6, the Participant agrees that he or she will be bound by the terms of any Company compensation clawback policy applicable to the Participant that the Company may adopt from time to time.
Appears in 4 contracts
Samples: 2023 Pepsico Annual Long Term Incentive Award (Pepsico Inc), 2022 Pepsico Annual Long Term Incentive Award (Pepsico Inc), Performance Stock Units / Long Term Cash Award Agreement (Pepsico Inc)
Repayment and Forfeiture. The Participant specifically recognizes and affirms that each of the covenants contained in Paragraphs C.1 through C.4 of this Agreement is a material and important term of this Agreement that has induced the Company to provide for the award of the PSUs PEPunits and the LTC Award granted hereunder, the disclosure of Confidential Information referenced herein, and the other promises made by the Company herein. The Participant further agrees that in the event that (i) the Company determines that the Participant has breached any term of Paragraphs C.1 through C.4 or (ii) all or any part of Paragraph C is held or found invalid or unenforceable for any reason whatsoever by a court of competent jurisdiction in an action between the Participant and the Company, in addition to any other remedies at law or in equity the Company may have available to it, the Company may in its sole discretion:
(a) cancel any unpaid PSUs PEPunits or any LTC Award granted hereunder; and
(b) require the Participant to pay to the Company the value (determined as of the date paid) of any PSUs PEPunits and any portion of any LTC Award granted hereunder that have been paid out. In addition to the provisions of this Paragraph C.6, the Participant agrees that he or she will be bound by the terms of any Company compensation clawback policy applicable to the Participant that the Company may adopt from time to time.
Appears in 4 contracts
Samples: Annual Long Term Incentive Award Agreement, Long Term Incentive Award Agreement (Pepsico Inc), Long Term Incentive Award Agreement (Pepsico Inc)
Repayment and Forfeiture. The Participant specifically recognizes and affirms that each of the covenants contained in Paragraphs C.1 through C.4 throughC.4 of this Agreement is a material and important term of this Agreement that has induced the Company to provide for the award of the PSUs and the LTC Award Options and/or RSUs granted hereunder, the disclosure of Confidential Information referenced herein, and the other promises made by the Company herein. The Participant further agrees that in the event that (i) the Company determines that the Participant has breached any term of Paragraphs C.1 through C.4 or (ii) all or any part of Paragraph C is held or found invalid or unenforceable for any reason whatsoever by a court of competent jurisdiction in an action between the Participant and the Company, in addition to any other remedies at law or in equity the Company may have available to it, the Company may in its sole discretion:
(a) cancel any unexercised Options or unpaid PSUs or RSUs granted hereunder;
(b) require the Participant to pay to the Company all gains realized from the exercise of any LTC Award Options granted hereunder; andand/or
(bc) require the Participant to pay to the Company the value (determined as of the date paid) of any PSUs and any portion of any LTC Award RSUs granted hereunder that have been paid out. In addition to the provisions of this Paragraph C.6, the Participant agrees that he or she will be bound by the terms of any Company compensation clawback policy applicable to the Participant that the Company may adopt from time to time.
Appears in 2 contracts
Samples: 2023 Pepsico Annual Long Term Incentive Award (Pepsico Inc), 2021 Pepsico Annual Long Term Incentive Award (Pepsico Inc)
Repayment and Forfeiture. The Participant specifically recognizes and affirms that each of the covenants contained in Paragraphs C.1 through C.4 of this Agreement is a material and important term of this Agreement that which has induced the Company to provide for the award of the PSUs and the LTC Award Options and/or Restricted Stock Units granted hereunder, the disclosure of Confidential Information referenced herein, and the other promises made by the Company herein. The Participant further agrees that in the event that (i) the Company determines that the Participant has breached any term of Paragraphs C.1 through C.4 or (ii) all or any part of Paragraph C is held or found invalid or unenforceable for any reason whatsoever by a court of competent jurisdiction in an action between the Participant and the Company, in addition to any other remedies at law or in equity the Company may have available to it, the Company may in its sole discretion:
(a) cancel Cancel any unexercised Options or unpaid PSUs or any LTC Award Restricted Stock Units granted hereunder; and;
(b) require Require the Participant to pay to the Company all gains realized from the exercise of any Options granted hereunder; and/or
(c) Require the Participant to pay to the Company the value (determined as of the date paidPayment Date) of any PSUs and any portion of any LTC Award Restricted Stock Units granted hereunder that have been paid out. In addition to the provisions of this Paragraph C.6, the Participant agrees that he or she will be bound by the terms of any Company compensation clawback policy applicable to the Participant that the Company may adopt from time to time.
Appears in 2 contracts
Samples: Performance Based Long Term Incentive Award (Pepsico Inc), Annual Long Term Incentive Award (Pepsico Inc)
Repayment and Forfeiture. The Participant specifically recognizes and affirms that each of the covenants contained in Paragraphs C.1 through C.4 of this Agreement is a material and important term of this Agreement that has induced the Company to provide for the award of the PSUs and the LTC Award Restricted Stock Units and/or Performance Stock Units granted hereunder, the disclosure of Confidential Information referenced herein, and the other promises made by the Company herein. The Participant further agrees that in the event that (i) the Company determines that the Participant has breached any term of Paragraphs C.1 through C.4 or (ii) all or any part of Paragraph C is held or found invalid or unenforceable for any reason whatsoever by a court of competent jurisdiction in an action between the Participant and the Company, in addition to any other remedies at law or in equity the Company may have available to it, the Company may in its sole discretion:
(a) cancel any unpaid PSUs Restricted Stock Units or any LTC Award Performance Stock Units granted hereunder; andand/or
(b) require the Participant to pay to the Company the value (determined as of the date paid) of any PSUs and any portion of any LTC Award Restricted Stock Units or Performance Stock Units granted hereunder that have been paid out. In addition to the provisions of this Paragraph C.6, the Participant agrees that he or she will be bound by the terms of any Company compensation clawback policy applicable to the Participant that the Company may adopt from time to time.
Appears in 1 contract
Repayment and Forfeiture. The Participant specifically recognizes and affirms that each of the covenants contained in Paragraphs C.1 through C.4 of this Agreement is a material and important term of this Agreement that has induced the Company to provide for the award of the PSUs and the LTC Award granted hereunder, the disclosure of Confidential Information referenced herein, and the other promises made by the Company herein. The Participant further agrees that in the event that (i) the Company determines that the Participant has breached any term of Paragraphs C.1 through C.4 or (ii) all or any part of Paragraph C is held or found invalid or unenforceable for any reason whatsoever by a court of competent jurisdiction in an action between the Participant and the Company, in addition to any other remedies at law or in equity the Company may have available to it, the Company may in its sole discretion:
(a) cancel any unpaid PSUs or any LTC Award granted hereunder; andand/or
(b) require the Participant to pay to the Company the value (determined as of the date paid) of any PSUs and any portion of any LTC Award granted hereunder that have been paid out. In addition to the provisions of this Paragraph C.6, the Participant agrees that he or she will be bound by the terms of the Company’s Compensation Recovery Policy for Covered Executives (or any successor policy), as applicable, and any other Company compensation clawback policy applicable to the Participant that the Company may adopt from time to time.
Appears in 1 contract
Samples: 2024 Pepsico Annual Long Term Incentive Award (Pepsico Inc)
Repayment and Forfeiture. The Participant specifically recognizes and affirms that each of the covenants contained in Paragraphs C.1 through C.4 of this Agreement is a material and important term of this Agreement that has induced the Company to provide for the award of the PSUs PEPUnits and the LTC Award granted hereunder, the disclosure of Confidential Information referenced herein, and the other promises made by the Company herein. The Participant further agrees that in the event that (i) the Company determines that the Participant has breached any term of Paragraphs C.1 through C.4 or (ii) all or any part of Paragraph C is held or found invalid or unenforceable for any reason whatsoever by a court of competent jurisdiction in an action between the Participant and the Company, in addition to any other remedies at law or in equity the Company may have available to it, the Company may in its sole discretion:
(a) cancel any unpaid PSUs PEPUnits or any LTC Award granted hereunder; and
(b) require the Participant to pay to the Company the value (determined as of the date paid) of any PSUs PEPUnits and any portion of any LTC Award granted hereunder that have been paid out. In addition to the provisions of this Paragraph C.6, the Participant agrees that he or she will be bound by the terms of any Company compensation clawback policy applicable to the Participant that the Company may adopt from time to time.
Appears in 1 contract