Disgorgement. (a) If the Company’s financial statements for the year or years in which this Option is issued or outstanding are required to be restated resulting from errors, omissions or fraud, the Committee may (in its sole discretion, but acting in good faith) direct that the Company recover all or a portion of this Option with respect to such fiscal year of the Company the financial results of which are negatively affected by such restatement. The operation of this Section 10(a) shall be in accordance with the provisions of Section 302 of Xxxxxxxx-Xxxxx Act of 2002 and any applicable guidance.
Appears in 3 contracts
Samples: Rimage Corporation Stock Option Agreement (Rimage Corp), Rimage Corporation Stock Option Agreement (Rimage Corp), Stock Option Agreement (Rimage Corp)
Disgorgement. (a) If any of the Company’s financial statements for the year or years in which this Option is issued or outstanding are required to be restated resulting from errors, omissions or fraud, the Committee may (in its sole discretion, but acting in good faith) direct that the Company recover all or a portion of this Option any Stock Incentive with respect to such any fiscal year of the Company the financial results of which are negatively affected by such restatement. The operation of this Section 10(a) shall be in accordance with the provisions of Section 302 of Xxxxxxxx-Xxxxx Act of 2002 and any applicable guidance.
Appears in 2 contracts
Samples: Qumu Corporation Stock Option Agreement (Qumu Corp), Stock Option Agreement (Qumu Corp)