Common use of Section 954 of the Xxxx Xxxxx Act Clause in Contracts

Section 954 of the Xxxx Xxxxx Act. This Agreement and all other Compensation of Executive are intended to comply with the “clawback obligations” of Section 954 of the Xxxx Xxxxx Act (including the related regulations, “Section 954”). If the Company’s financial statements must be restated, to the extent and only to the extent required by Section 954 (if applicable), the Company shall be entitled to recover from Executive, and Executive agrees to promptly repay, any incentive-based compensation that has been paid, and Executive shall not earn and shall forfeit any right to receive any incentive-based compensation that has not been paid, which would not have been earned under the restated financial statements.

Appears in 9 contracts

Samples: Employment Agreement (Douglas Emmett Inc), Employment Agreement (Douglas Emmett Inc), Employment Agreement (Douglas Emmett Inc)

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Section 954 of the Xxxx Xxxxx Act. This Agreement and all other Compensation compensation of Executive are intended to comply with the “clawback obligations” of Section 954 of the Xxxx Xxxxx Act (including the related regulations, “Section 954”). If the Company’s financial statements must be restated, to the extent and only to the extent required by Section 954 (if applicable), the Company shall be entitled to recover from Executive, and Executive agrees to promptly repay, any incentive-incentive- based compensation that has been paid, and Executive shall not earn and shall forfeit any right to receive any incentive-based compensation that has not been paid, which would not have been earned under the restated financial statements.

Appears in 2 contracts

Samples: Employment Agreement (Digital Turbine, Inc.), Employment Agreement (Digital Turbine, Inc.)

Section 954 of the Xxxx Xxxxx Act. This Agreement and all other Compensation compensation of Executive are intended to comply with the “clawback obligations” of Section 954 of the Xxxx Xxxxx Act (including the related regulations, “Section 954”). If the Company’s financial statements must be restated, to the extent and only to the extent required by Section 954 (if applicable), the Company shall be entitled to recover from Executive, and Executive agrees to promptly repay, any incentive-incentive based compensation that has been paid, and Executive shall not earn and shall forfeit any right to receive any incentive-based compensation that has not been paid, which would not have been earned under the restated financial statements.

Appears in 1 contract

Samples: Employment Agreement (Digital Turbine, Inc.)

Section 954 of the Xxxx Xxxxx Act. This Agreement and all other Compensation compensation of Executive are intended to comply with the “clawback obligations” of Section 954 of the Xxxx Xxxxx Act (including the related regulations, “Section 954”). If the Company’s financial statements must be restated, to the extent and only to the extent required by Section 954 (if applicable), the Company shall be entitled to recover from Executive, and Executive agrees to promptly repay, any incentive-based compensation that has been paid, and Executive shall not earn and shall forfeit any right to receive any incentive-based compensation that has not been paid, which would not have been earned under the restated financial statements.

Appears in 1 contract

Samples: Employment Agreement (Digital Turbine, Inc.)

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Section 954 of the Xxxx Xxxxx Act. This Agreement and all other Compensation of Executive are intended to comply with the “clawback obligations” of Section 954 of the Xxxx Xxxxx Act ((including the related regulations, “Section 954”). If the CompanyEmployer’s financial statements must be restated, to the extent and only to the extent required by Section 954 (if applicable), the Company Employer shall be entitled to recover from Executive, and Executive agrees to promptly repay, any incentive-based compensation that has been paid, and Executive shall not earn and shall forfeit any right to receive any incentive-based compensation that has not been paid, which would not have been earned under the restated financial statements.

Appears in 1 contract

Samples: Employment Agreement (Mandalay Digital Group, Inc.)

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