Common use of Repayment Provisions Clause in Contracts

Repayment Provisions. If the Company is required to prepare an accounting restatement due to its material noncompliance, as a result of the Executive’s misconduct, with any financial reporting requirement under United States securities laws, then, and only if Section 304 of the Xxxxxxxx-Xxxxx Act of 2002, or a successor provision, is then in effect, the Company may require the Executive to reimburse the Employer for (i) any bonus or other incentive-based or equity-based compensation received by the Executive from the Employer during the 12-month period following the first public issuance or filing with the Securities Exchange Commission (whichever first occurs) of the financial documents embodying such financial reporting requirement and (ii) any profits realized from the sale of securities of Company during such 12-month period.

Appears in 5 contracts

Samples: Employment Agreement (Achieve Life Sciences, Inc.), Employment Agreement (Achieve Life Sciences, Inc.), Employment Agreement (Oncogenex Pharmaceuticals, Inc.)

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Repayment Provisions. If the Company is required to prepare an accounting restatement due to its material noncompliance, as a result of the Executive’s misconduct, with any financial reporting requirement under the United States securities laws, then, and only if Section 304 of the Xxxxxxxx-Xxxxx Act of 2002, or a successor provision, is then in effect, the Company may require the Executive to shall reimburse the Employer Company for (i) any bonus or other incentive-based or equity-based compensation received by the Executive from the Employer Company during the twelve (12-) month period following the first public issuance or filing with the Securities Exchange Commission (whichever first occurs) of the financial documents embodying such financial reporting requirement and (ii) any profits realized from the sale of securities of the Company during such twelve (12-) month period.

Appears in 5 contracts

Samples: Employment Agreement (Terremark Worldwide Inc.), Employment Agreement (Terremark Worldwide Inc), Employment Agreement (Terremark Worldwide Inc.)

Repayment Provisions. If the Company is required to prepare an accounting restatement due to its material noncompliance, as a result of the Executive’s misconduct, with any financial reporting requirement under United States securities laws, then, and only if Section 304 of the XxxxxxxxSxxxxxxx-Xxxxx Act of 2002, or a successor provision, is then in effect, the Company may require the Executive to reimburse the Employer Company for (i) any bonus or other incentive-based or equity-based compensation received by the Executive from the Employer Company during the 12-month period following the first public issuance or filing with the Securities Exchange Commission (whichever first occurs) of the financial documents embodying such financial reporting requirement and (ii) any profits realized from the sale of securities of Company during such 12-month period.

Appears in 5 contracts

Samples: Employment Agreement (Trubion Pharmaceuticals, Inc), Employment Agreement (Trubion Pharmaceuticals, Inc), Employment Agreement (Trubion Pharmaceuticals, Inc)

Repayment Provisions. If the Company is required to prepare an accounting restatement due to its material noncompliance, noncompliance as a result of the Executive’s misconduct, misconduct with any financial reporting requirement under United States securities laws, then, and only if Section 304 of the Xxxxxxxx-Xxxxx Act of 2002, or 2002,or a successor provision, is then in effect, the Company may require the Executive to reimburse the Employer for (i) any bonus or other incentive-based or equity-based compensation received by the Executive from the Employer during the 12-month period following the first public issuance or filing with the Securities Exchange Commission (whichever first occurs) of the financial documents embodying such financial reporting requirement and (ii) any profits realized from the sale of securities of Company during such 12-month period.

Appears in 3 contracts

Samples: Employment Agreement, Employment Agreement (Oncogenex Pharmaceuticals, Inc.), Employment Agreement (Oncogenex Pharmaceuticals, Inc.)

Repayment Provisions. If the Company is required to prepare an accounting restatement due to its material noncompliance, as a result of the Executive’s misconduct, with any financial reporting requirement under United States securities laws, then, and only if Section 304 of the XxxxxxxxSxxxxxxx-Xxxxx Act of 2002, or a successor provision, is then in effect, the Company may require the Executive to reimburse the Employer for (i) any bonus or other incentive-based or equity-based compensation received by the Executive from the Employer during the 12-month period following the first public issuance or filing with the Securities Exchange Commission (whichever first occurs) of the financial documents embodying such financial reporting requirement and (ii) any profits realized from the sale of securities of Company during such 12-month period.

Appears in 2 contracts

Samples: Employment Agreement (Achieve Life Sciences, Inc.), Employment Agreement (Oncogenex Pharmaceuticals, Inc.)

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Repayment Provisions. If the Company is required to prepare an accounting restatement due to its material noncompliance, as a result of the Executive’s misconduct, with any financial reporting requirement under United States securities laws, then, and only if Section 304 of the Xxxxxxxx-Xxxxx Act of 2002, or a successor provision, is then in effect, the Company may require the Executive to reimburse the Employer Company for (ia) any bonus or other incentive-based or equity-based compensation received by the Executive from the Employer Company during the 12-month period following the first public issuance or filing with the Securities Exchange Commission (whichever first occurs) of the financial documents embodying such financial reporting requirement and (iib) any profits realized from the sale of securities of Company during such 12-month period.

Appears in 2 contracts

Samples: Employment Agreement (Trubion Pharmaceuticals, Inc), Employment Agreement (Trubion Pharmaceuticals, Inc)

Repayment Provisions. If the Company is required to prepare an accounting restatement due to its material noncompliance, as a result of the Executive’s misconduct, with any financial reporting requirement under United States securities laws, then, and only if Section 304 of the XxxxxxxxSxxxxxxx-Xxxxx Act of 2002, or a successor provision, is then in effect, the Company may require the Executive to reimburse the Employer Company for (i) any bonus or other incentive-based or equity-based compensation received by the Executive from the Employer Company during the 12-12 month period following the first public issuance or filing with the Securities Exchange Commission (whichever first occurs) of the financial documents embodying such financial reporting requirement and (ii) any profits realized from the sale of securities of Company during such 12-12 month period.

Appears in 1 contract

Samples: Employment Agreement (Kb Home)

Repayment Provisions. If the Company is required to prepare an accounting restatement due to its material noncompliance, as a result of the Executive’s misconduct, with any financial reporting requirement under the United States securities laws, then, and only if Section 304 of the XxxxxxxxSxxxxxxx-Xxxxx Act of 2002, or a successor provision, is then in effect, the Company may require the Executive to shall reimburse the Employer Company for (i) any bonus or other incentive-based or equity-based compensation received by the Executive from the Employer Company during the twelve (12-) month period following the first public issuance or filing with the Securities Exchange Commission (whichever first occurs) of the financial documents embodying such financial reporting requirement and (ii) any profits realized from the sale of securities of the Company during such twelve (12-) month period.

Appears in 1 contract

Samples: Employment Agreement (Terremark Worldwide Inc)

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