Adjustment of Performance-Based Compensation. Awards that are intended to qualify as Performance-Based Compensation may not be adjusted upward. The Administrator shall retain the discretion to adjust such Awards downward, either on a formula or discretionary basis or any combination, as the Administrator determines.
Appears in 8 contracts
Samples: Cardiovascular Systems Inc, Nuvel Holdings, Inc., Nuvel Holdings, Inc.
Adjustment of Performance-Based Compensation. Awards that are intended to qualify as Performance-Based Compensation may not be adjusted upwardupward so as to enrich the Award. The Administrator Committee shall retain the discretion to adjust such Awards downward, either on a formula or discretionary basis or any combination, as the Administrator Committee determines.
Appears in 3 contracts
Samples: KEMPER Corp, KEMPER Corp, Unitrin Inc
Adjustment of Performance-Based Compensation. Awards that are intended to qualify as Performance-Based Compensation may not be adjusted upward. The Administrator Board shall retain the discretion to adjust such Awards downward, either on a formula or discretionary basis basis, or any combination, combination as the Administrator Committee determines.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Enterprise Acquisition Corp.)
Adjustment of Performance-Based Compensation. Awards that are intended to qualify as Performance-Based Compensation may not be adjusted upward. The Administrator Board shall retain the discretion to adjust such Awards downward, either on a formula or discretionary basis or any combination, as the Administrator Board determines.
Appears in 1 contract
Adjustment of Performance-Based Compensation. Awards that are intended designed to qualify as Performance-Based Compensation may not be adjusted upwardupward except as may be permitted under Section 162(m) of the Code. The Administrator Committee shall retain the discretion to adjust such Awards downward, either on a formula or discretionary basis or any combination, as the Administrator Committee determines.
Appears in 1 contract
Samples: Darling Ingredients Inc.
Adjustment of Performance-Based Compensation. Awards that are intended designed to qualify as Performance-Based Compensation may not be adjusted upward. The Administrator Committee shall retain the discretion to adjust such Awards downward, either on a formula or discretionary basis or any combination, as the Administrator Committee determines.
Appears in 1 contract
Samples: Waiver and Release Agreement
