Common use of Xxxxxxxx-Xxxxx Act of 2002 Clause in Contracts

Xxxxxxxx-Xxxxx Act of 2002. Notwithstanding anything herein to the contrary, if the Corporation determines, in its good faith judgment, that any transfer or deemed transfer of funds hereunder is likely to be construed as a personal loan prohibited by Section 13(k) of the Securities Exchange Act of 1934, as amended, and the rules and regulations promulgated thereunder (the “Exchange Act”), then such transfer or deemed transfer shall be provided to the Executive as compensation (and not as a loan) to the Executive (and as such shall be subject to tax withholding obligations).

Xxxxxxxx-Xxxxx Act of 2002. Notwithstanding anything herein to the contrary, if the Corporation Company determines, in its good faith judgment, that any transfer or deemed transfer of funds hereunder is likely to be construed as a personal loan prohibited by Section 13(k) of the Securities Exchange Act of 1934, as amendedAct, and the rules and regulations promulgated thereunder (the “Exchange Act”)thereunder, then such transfer or deemed transfer shall be provided to the Executive as compensation (and not as a loan) to the Executive (and as such shall be subject to tax withholding obligations).

Xxxxxxxx-Xxxxx Act of 2002. Notwithstanding anything herein to the contrary, if the Corporation Company determines, in its good faith judgment, that any transfer or deemed transfer of funds hereunder is likely to be construed as a personal loan prohibited by Section 13(k) of the Securities Exchange Act of 1934, as amended, and the rules and regulations promulgated thereunder (the “Exchange Act”), then such transfer or deemed transfer shall be provided to the Executive as compensation (and not as a loan) to the Executive (and as such shall be subject to tax withholding obligations).

Xxxxxxxx-Xxxxx Act of 2002. Notwithstanding anything herein to the contrary, if the Corporation Company determines, in its good faith judgment, that any transfer or deemed transfer of funds hereunder is likely to be construed as a personal loan prohibited by Section 13(k) of the Securities Exchange Act of 1934, as amended, and the rules and regulations promulgated thereunder (the “Exchange Act”)thereunder, then such transfer or deemed transfer shall be provided to the Executive Winch as compensation (and not as a loan) to the Executive Winch (and as such shall be subject to tax withholding obligations).

Xxxxxxxx-Xxxxx Act of 2002. Notwithstanding anything herein to the contrary, if the Corporation determines, in its good faith judgment, that any transfer or deemed transfer of funds hereunder is likely to be construed as a personal loan prohibited by Section 13(k) of the Securities Exchange Act of 1934, as amended, and the rules and regulations promulgated thereunder (the “Exchange Act”)thereunder, then such transfer or deemed transfer shall be provided to the Executive as compensation (and not as a loan) to the Executive (and as such shall be subject to tax withholding obligations).

Xxxxxxxx-Xxxxx Act of 2002. Notwithstanding anything herein to the contrary, if the Corporation Company determines, in its good faith judgment, that any transfer or deemed transfer of funds hereunder is likely to be construed as a personal loan prohibited by Section 13(k) of the Securities Exchange Act of 1934, as amended, and the rules and regulations promulgated thereunder (the “Exchange Act”)thereunder, then such transfer or deemed transfer shall be provided to the Executive Xxxxxxx as compensation (and not as a loan) to the Executive Xxxxxxx (and as such shall be subject to tax withholding obligations).

Xxxxxxxx-Xxxxx Act of 2002. Notwithstanding anything herein to the contrary, if the Corporation Company determines, in its good faith judgment, that any transfer or deemed transfer of funds hereunder is likely to be construed as a personal loan prohibited by Section 13(k) of the Securities Exchange Act of 1934, as amended, and the rules and regulations promulgated thereunder (the “Exchange Act”)thereunder, then such transfer or deemed transfer shall be provided to the Executive Baird as compensation (and not as a loan) to the Executive Baird (and as such shall be subject to tax withholding obligations).