Examples of Material Restatement in a sentence
The Policy applies to all Performance Based Compensation and Trading Profits on any Company securities trades received by the Executive during the twenty four months prior to the disclosure of a Material Restatement.
All Trading Profits received by Executive within the 24-month period preceding the first public announcement by the Company of the Material Restatement, regardless of whether such Trading Profits would have been received had the Company’s consolidated financial results that are the subject of the Material Restatement initially been reported correctly.
All performance based stock options, performance based deferred stock shares or other performance based equity awards granted to Executive after the Effective Date and vested within the 24-month period preceding the first public announcement by the Company of the Material Restatement to the extent that such awards, in the determination of the Committee, would have not vested had the Company’s consolidated financial results that are the subject of the Material Restatement initially been reported correctly.
A “Triggering Event” shall be deemed to occur when and if, (i) there is a Material Restatement and (ii) the Material Restatement was due, in whole or in part, to the Executive’s misconduct (including, without limitation, fraud, and violation of law or Company policy).
A "Triggering Event" shall be deemed to occur when and if, (i) there is a Material Restatement and (ii) the Material Restatement was due, in whole or in part, to the Executive’s misconduct (including, without limitation, fraud, and violation of law or Company policy).
In the event of a Material Restatement, then except as provided in Section 2 below, the Company must recover reasonably promptly all Erroneously Awarded Compensation Received by a Covered Person during the Look-Back Period.
In terms of audit quality, on average, approximately 14% of issuers experience future restatements (Re- statement), and approximately 3% experience material future restatements disclosed in Form 8-K item 4.02 (Material Restatement).
This Policy is designed to comply with, and shall be interpreted to be consistent with: (a) Section 10D of the Securities Exchange Act of 1934, as amended (the “Exchange Act”), Rule 10D-1 promulgated under the Exchange Act and Nasdaq Listing Rule 5608 and (b) the mandate set out in Section 7 (Restitution in case of Material Restatement) of the Company’s Compensation Policy to “establish appropriate guidelines in connection with the making of such restitution”.
Although there are extra costs for improving accessibility for persons with disabilities, the challenges are not just of a financial nature.
Additionally, for the avoidance of doubt, a restatement of the Company’s financial statements due solely to a change in accounting policies or principles shall not be deemed a Material Restatement Event for purposes of this Policy.Upon any recoupment determination by the Committee, the Committee shall notify the Covered Employee in writing of its determination and the Covered Employee shall promptly repay the amount of Incentive-Based Compensation so determined.