Certification of Payment. Before any Performance-Based Award under this Section 5.2 (other than Qualifying Options and Qualifying SARs) is paid and to the extent required to qualify the award as performance-based compensation within the meaning of Section 162(m) of the Code, the Administrator must certify in writing that the performance target(s) and any other material terms of the Performance-Based Award were in fact timely satisfied.
Appears in 4 contracts
Samples: Registration Rights Agreement (Majesco Entertainment Co), Agreement (New Century Financial Corp), Warrant Agreement (Hicks Acquisition CO I Inc.)
Certification of Payment. Before any Performance-Based Award under this Section 5.2 (other than Qualifying Options and Qualifying SARsStock Appreciation Rights) is paid and to the extent required to qualify the award as performance-based compensation within the meaning of Section 162(m) of the Code, the Administrator must certify in writing that the performance target(s) and any other material terms of the Performance-Based Award were in fact timely satisfied.
Appears in 2 contracts
Samples: Stock Option Plan Agreement (Chineseworldnet Com Inc), Stock Option Plan Agreement (Chineseworldnet Com Inc)
