Right of Repayment. In the event that the Recipient accepts employment with or provides services for a competitor of the Company within two (2) years after any settlement of PUs and Dividend Equivalents hereunder, the Recipient shall pay to the Company an amount equal to the excess of the Fair Market Value of the Underlying Shares as of the date of settlement (whether settled in cash or Stock) over the Purchase Price, if any, paid (or deemed paid) together with the value of any Dividend Equivalents; provided, however, that the Committee in its discretion may release the Recipient from the requirement to make such payment, if the Committee determines that the Recipient’s acceptance of such employment or performance of such services is not inimical to the best interests of the Company. In accordance with applicable law, the Company may deduct the amount of payment due under the preceding sentence from any compensation or other amount payable by the Company to the Recipient. For purposes of this Section 13, the term “Company” refers to the Company as defined in the last sentence of Section 1 of the Plan.
Appears in 7 contracts
Samples: Performance Unit Agreement (Iron Mountain Inc), Performance Unit Agreement (Iron Mountain Inc), Performance Unit Agreement (Iron Mountain Inc)
Right of Repayment. In the event that the Recipient accepts employment with or provides services for a competitor of the Company within two (2) years after any settlement of PUs and Dividend Equivalents hereunder, the Recipient shall pay to the Company an amount equal to the excess of the Fair Market Value of the Underlying Shares as of the date of settlement (whether settled in cash or Stock) over the Purchase Price, if any, paid (or deemed paid) together with the value of any Dividend Equivalents; provided, however, that the Committee in its discretion may release the Recipient from the requirement to make such payment, if the Committee determines that the Recipient’s acceptance of such employment or performance of such services is not inimical to the best interests of the Company. In accordance with applicable law, the The Company may deduct the amount of payment due under the preceding sentence from any compensation or other amount payable by the Company to the Recipient. For purposes of this Section 1314, the term “Company” refers to the Company as defined in the last sentence of Section 1 of the Planand all Subsidiaries.
Appears in 3 contracts
Samples: Performance Unit Agreement (Iron Mountain Inc), Performance Unit Agreement (Iron Mountain Inc), Performance Unit Agreement (Iron Mountain Inc)
Right of Repayment. In the event that the Recipient accepts employment with or provides services for a competitor of the Company within two (2) years after any settlement of PUs RSUs and Dividend Equivalents hereunder, the Recipient shall pay to the Company an amount equal to the excess of the Fair Market Value of the Underlying Shares as of the date of settlement (whether settled in cash or Stock) over the Purchase Price, if any, paid (or deemed paid) together with the value of any Dividend Equivalents; provided, however, that the Committee in its discretion may release the Recipient from the requirement to make such payment, if the Committee determines that the Recipient’s acceptance of such employment or performance of such services is not inimical to the best interests of the Company. In accordance with applicable law, the Company may deduct the amount of payment due under the preceding sentence from any compensation or other amount payable by the Company to the Recipient. For purposes of this Section 1312, the term “Company” refers to the Company as defined in the last sentence of Section 1 of the Plan.
Appears in 2 contracts
Samples: Restricted Stock Unit Agreement (Iron Mountain Inc), Restricted Stock Unit Agreement (Iron Mountain Inc)
Right of Repayment. In the event that the Recipient accepts employment with or provides services for a competitor of the Company within two (2) years after any settlement of PUs RSUs and Dividend Equivalents hereunder, the Recipient shall pay to the Company an amount equal to the excess of the Fair Market Value of the Underlying Shares as of the date of settlement (whether settled in cash or Stock) over the Purchase Price, if any, paid (or deemed paid) together with the value of any Dividend Equivalents; provided, however, that the Committee in its discretion may release the Recipient from the requirement to make such payment, if the Committee determines that the Recipient’s acceptance of such employment or performance of such services is not inimical to the best interests of the Company. In accordance with applicable law, the Company may deduct the amount of payment due under the preceding sentence from any compensation or other amount payable by the Company to the Recipient. For purposes of this Section 1312, the term “Company” refers to the Company as defined in the last sentence of Section 1 of the Planand all Subsidiaries.
Appears in 1 contract
Samples: Restricted Stock Unit Agreement (Iron Mountain Inc)
Right of Repayment. In the event that the Recipient accepts employment with or provides services for a competitor of the Company within two (2) years after any settlement of PUs RSUs and Dividend Equivalents hereunder, the Recipient shall pay to the Company an amount equal to the excess of the Fair Market Value of the Underlying Shares as of the date of settlement (whether settled in cash or Stock) over the Purchase Price, if any, paid (or deemed paid) together with the value of any Dividend Equivalents; provided, however, that the Committee in its discretion may release the Recipient from the requirement to make such payment, if the Committee determines that the Recipient’s 's acceptance of such employment or performance of such services is not inimical to the best interests of the Company. In accordance with applicable law, the The Company may deduct the amount of payment due under the preceding sentence from any compensation or other amount payable by the Company to the Recipient. For purposes of this Section 13, the term “"Company” " refers to the Company as defined in the last sentence of Section 1 of the Planand all Subsidiaries.
Appears in 1 contract
Samples: Restricted Stock Unit Agreement (Iron Mountain Inc)