Common use of Section 162(m) Compliance Clause in Contracts

Section 162(m) Compliance. To the greatest extent it is reasonably appropriate, the Award represented by this Agreement is intended to be “performance-based compensation” as defined under the Plan to meet the requirements for Section 162(m) of Code, and shall be administered pursuant to such intent. Consistent with Section 162(m) of the Code, the Committee (a) shall not have the discretionary right to increase the value of the Award, and (b) shall have the right to exercise negative discretion to reduce the value of the Award below the amount that might otherwise be payable hereunder.

Appears in 3 contracts

Samples: Incentive Plan Restricted Stock Award Agreement (Essendant Inc), Restricted Stock Award Agreement (Essendant Inc), Incentive Plan Restricted Stock Award Agreement (Essendant Inc)

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Section 162(m) Compliance. To the greatest extent it is reasonably appropriate, the Award represented by this Agreement is intended to be “performance-based compensation” as defined under the Plan to meet the requirements for Section 162(m) of Code, and shall be administered pursuant to such intent. Consistent with Section 162(m) of the Code, the Committee (a) shall not have the discretionary right to increase the value of the Award, and (b) shall have the right to exercise negative discretion to reduce the value of the Award below the amount that might otherwise be payable hereunder.

Appears in 2 contracts

Samples: Long Term Incentive Plan (Essendant Inc), Cash Retention Award Agreement (Essendant Inc)

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Section 162(m) Compliance. To the greatest extent it is reasonably appropriate, the The Award represented by this Agreement is intended to be “performance-based compensation” as defined under the Plan to meet the requirements for Section 162(m) of Code, and shall be administered pursuant to such intent. Consistent with Section 162(m) of the Code, the Committee (a) shall not have the discretionary right to increase the value of the Award, and (b) shall have the right to exercise negative discretion to reduce the value of the Award below the amount that might otherwise be payable hereunder.

Appears in 1 contract

Samples: Restricted Stock Units Award Agreement (Essendant Inc)

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