Xxxx-Xxxxx Clawback. Notwithstanding any other provision of this Agreement to the contrary, in order to comply with Section 10D of the Securities Exchange Act of 1934, as amended, and any regulations promulgated, or national securities exchange listing conditions adopted, with respect thereto (collectively, the “Clawback Requirements”), if FII is required to prepare an accounting restatement due to the material noncompliance of FII with any financial reporting requirements under the securities laws, then any Employee who is a former or current executive officer of FII shall return to FII, or forfeit if not yet paid, the amount of any “incentive-based compensation” (as defined under the Clawback Requirements) received during the three-year period preceding the date on which FII is required to prepare the accounting restatement, based on the erroneous data, in excess of what would have been paid to the Employee under the accounting restatement as determined by FII in accordance with the Clawback Requirements and any policy adopted by FII pursuant to the Clawback Requirements.
Xxxx-Xxxxx Clawback. Individual agrees and acknowledges that any and all compensation Individual receives pursuant to this Agreement shall be subject to clawback by the Company to the extent provided in policies adopted by the Board to comply with the requirements of Section 954 of the Xxxx-Xxxxx Xxxx Street Reform and Consumer Protection Act.
Xxxx-Xxxxx Clawback. Notwithstanding any other provision of this Agreement to the contrary, in order to comply with Section 10D of the Exchange Act, and any regulations promulgated, or national securities exchange listing conditions adopted, with respect thereto (collectively, the “Clawback Requirements”), if Financial Institutions is required to prepare an accounting restatement due to the material noncompliance of Financial Institutions with any financial reporting requirements under the securities laws, then the Executive shall return to Financial Institutions, or forfeit if not yet paid, the amount of any “incentive-based compensation” (as defined under the Clawback Requirements) received during the three-year period preceding the date on which Financial Institutions is required to prepare the accounting restatement, based on the erroneous data, in excess of what would have been paid to the Executive under the accounting restatement as determined by Financial Institutions in accordance with the Clawback Requirements and any policy adopted by Financial Institutions pursuant to the Clawback Requirements.
Xxxx-Xxxxx Clawback. The Shares shall be subject to the clawback policies of the Company adopted from time to time by the Board of Directors and as described in Section 11(j) of the Plan.
Xxxx-Xxxxx Clawback. Notwithstanding any other provision of this Agreement to the contrary, in order to comply with Section 10D of the Securities Exchange Act of 1934, as amended, and any regulations promulgated, or national securities exchange listing conditions adopted, with respect thereto (collectively, the “Clawback Requirements”), if the Company is required to prepare an accounting restatement due to the material noncompliance of the Company with any financial reporting requirements under the securities laws, then you any shall return to the Company, or forfeit if not yet paid, the amount of any “incentive-based compensation” (as defined under the Clawback Requirements) received during the three-year period preceding the date on which the Company is required to prepare the accounting restatement, based on the erroneous data, in excess of what would have been paid to you under the accounting restatement as determined by the Company in accordance with the Clawback Requirements and any policy adopted by the Company pursuant to the Clawback Requirements.
Xxxx-Xxxxx Clawback. 21.1 Notwithstanding any other provision of this Agreement to the contrary, in conformity with Section 10D of the United States Securities Xxxxxxxx Xxx 0000, as amended, and any regulations promulgated, or national securities exchange listing conditions adopted, with respect thereto (collectively, the “Clawback Requirements”), if the Company is required to prepare an accounting restatement due to intentional misconduct or grossly negligent conduct with any financial reporting requirements under the securities laws, then you shall return to the Company, or forfeit if not yet paid, the amount of any “incentive-based compensation” (as defined under the Clawback Requirements) received during the three-year period preceding the date on which the Company is required to prepare the accounting restatement, based on the erroneous data, in excess of what would have been paid to you under the accounting restatement as determined by the Company in accordance with the Clawback Requirements.
Xxxx-Xxxxx Clawback. Notwithstanding any other provision of the Plan or this Master Agreement to the contrary, in order to comply with Section 10D of the Securities Exchange Act of 1934, as amended, and any regulations promulgated, or national securities exchange listing conditions adopted, with respect thereto (collectively, the “Clawback Requirements”), if the Company is required to prepare an accounting restatement due to the material noncompliance of the Company with any financial reporting requirements under the securities laws, then any employee who is a former or current executive officer of the Company shall return to the Company, or forfeit if not yet paid, the amount of any Award received during the three-year period preceding the date on which the Company is required to prepare the accounting restatement, based on the erroneous data, in excess of what would have been paid to the employee under the accounting restatement as determined by the Committee in accordance with the Clawback Requirements and any policy adopted by the Committee pursuant to the Clawback Requirements. * * * * *
Xxxx-Xxxxx Clawback. Notwithstanding any other provision of this Agreement, in order to comply with Section 10D of the Securities Exchange Act of 1934, as amended, and any regulations promulgated, or national securities exchange listing conditions adopted, with respect thereto (collectively, the “Clawback Requirements”), if Health Management is required to prepare an accounting restatement due to the material noncompliance of Health Management with any financial reporting requirements under the securities laws, then any employee (including, but not limited to, Employee) who is a former or current executive officer of Health Management shall return to Health Management, or forfeit if not yet paid, the amount of any “incentive-based compensation” (as defined under the Clawback Requirements) received during the three-year period preceding the date on which Health Management is required to prepare the accounting restatement, based on the erroneous data, in excess of what would have been paid to the employee under the accounting restatement as determined by Health Management in accordance with the Clawback Requirements and any policy adopted by Health Management pursuant to the Clawback Requirements. EMPLOYEE ACKNOWLEDGES AND REPRESENTS THAT HE HAS CAREFULLY READ THIS AGREEMENT, THAT HE HAS HAD THE OPPORTUNITY TO HAVE IT REVIEWED BY AN ATTORNEY, THAT HE FULLY UNDERSTANDS ITS FINAL AND BINDING EFFECT, THAT THE ONLY PROMISES MADE TO HIM ARE THOSE STATED IN THE AGREEMENT AND THAT HE IS SIGNING THIS AGREEMENT VOLUNTARILY WITH THE FULL INTENT OF RELEASING THE RELEASED PARTIES OF ALL CLAIMS. IF, FOR ANY REASON, EMPLOYEE BELIEVES THAT THIS AGREEMENT IS NOT ENTIRELY VOLUNTARY, OR IF EMPLOYEE BELIEVES THAT HE DOES NOT HAVE ENOUGH INFORMATION TO DECIDE WHETHER TO SIGN THE AGREEMENT, THEN EMPLOYEE SHOULD NOT SIGN THIS AGREEMENT. IF EMPLOYEE DOES NOT REVOKE THIS AGREEMENT WITHIN 7 DAYS AFTER THE DATE THAT HE SIGNS IT, AS SET FORTH IN ARTICLE 9, THEN HE MAY NOT THEREAFTER REVOKE THIS AGREEMENT. Signed by the parties on the dates indicated below. Hospital Management Services of Florida, Inc. /s/ Xxxxxxx Xxxxxxxx January 19, 2012 Xxxxxxx Xxxxxxxx Date Vice President Xxxxxxx X. Xxxxx, Esq. /s/ Xxxxxxx X. Xxxxx January 19, 2012 Date Exhibit A to Agreement and Release SECOND RELEASE OF ALL CLAIMS THIS SECOND RELEASE OF ALL CLAIMS (“Second Release”) is entered into voluntarily, knowingly and willingly by and between Xxxxxxx X. Xxxxx, Esq. (“Employee”), and Hospital Management Services of Florida, Inc...
Xxxx-Xxxxx Clawback. A Participant’s Award is subject to the Clawback Requirements and the Consent to Xxxx-Xxxxx Clawback Provisions executed by the Participant, which could require the Participant to return to the Company, or forfeit if not yet paid, the Participant’s Award and the proceeds from the Award, in order to comply with the Clawback Requirements and any policy adopted by the Committee pursuant to the Clawback Requirements.
Xxxx-Xxxxx Clawback. A Participant’s Option is subject to the Clawback Requirements and the Consent to Xxxx-Xxxxx Clawback Provisions executed by the Participant, which could require the Participant to return to the Company, or forfeit if not yet paid, the Participant’s Option and the proceeds from the exercise of the Option, in order to comply with the Clawback Requirements and any policy adopted by the Committee pursuant to the Clawback Requirements.
