Repayment of Bonus. If (a) within the two-year period immediately following payment of any Bonus under any Program the Company is required to prepare an accounting restatement due to the material noncompliance of the Company, as a result of misconduct, with any then applicable financial reporting requirement under the securities laws, and (b) the Participant is subject to automatic forfeiture under Section 304 of the Sxxxxxxx-Xxxxx Act of 2002 or knowingly engaged in the misconduct, was grossly negligent in engaging in the misconduct, knowingly failed to prevent the misconduct or was grossly negligent in failing to prevent the misconduct, then the Participant shall reimburse the Company for the amount of any such Bonus paid under any Program.
Appears in 3 contracts
Samples: Participation Agreement (Chicos Fas Inc), Executive Bonus Participation Agreement (Chicos Fas Inc), Executive Bonus Participation Agreement (Chicos Fas Inc)
Repayment of Bonus. If (a) within the two-year period immediately following payment of any Bonus under any Program the Company is required to prepare an accounting restatement due to the material noncompliance of the Company, as a result of misconduct, with any then applicable financial reporting requirement under the securities laws, and (b) the Participant is subject to automatic forfeiture under Section 304 of the SxxxxxxxXxxxxxxx-Xxxxx Act of 2002 or knowingly engaged in the misconduct, was grossly negligent in engaging in the misconduct, knowingly failed to prevent the misconduct or was grossly negligent in failing to prevent the misconduct, then the Participant shall reimburse the Company for the amount of any such Bonus paid under any Program.
Appears in 3 contracts
Samples: Executive Bonus Participation Agreement (Chicos Fas Inc), Executive Bonus Program Participation Agreement (Chicos Fas Inc), Executive Bonus Program Participation Agreement (Chicos Fas Inc)