Common use of Recoupment Clause in Contracts

Recoupment. In the event the Company restates its financial statements due to material noncompliance with any financial reporting requirements under applicable securities laws, any shares issued pursuant to this Agreement for or in respect of the year that is restated, or the prior three years, may be recovered to the extent the shares issued exceed the number that would have been issued based on the restatement. In addition and without limitation of the foregoing, any amounts paid hereunder shall be subject to recoupment in accordance with The Dxxx–Fxxxx Xxxx Street Reform and Consumer Protection Act and any implementing regulations thereunder, any clawback policy adopted by the Company or as is otherwise required by applicable law or stock exchange listing conditions.

Appears in 25 contracts

Samples: Nonqualified Stock Option Grant Agreement (Data Storage Corp), Incentive Stock Option Grant Agreement (Data Storage Corp), Nonqualified Stock Option Grant Agreement (Cingulate Inc.)

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Recoupment. In the event the Company restates its financial statements due to material noncompliance with any financial reporting requirements under applicable securities laws, any shares issued pursuant to this Agreement for or in respect of the year that is restated, or the prior three years, may be recovered to the extent the shares issued exceed the number that would have been issued based on the restatement. In addition and without limitation of the foregoing, any amounts paid hereunder shall be subject to recoupment in accordance with The DxxxXxxxFxxxx Xxxxx Xxxx Street Reform and Consumer Protection Act and any implementing regulations thereunder, any clawback policy adopted by the Company or as is otherwise required by applicable law or stock exchange listing conditions.

Appears in 11 contracts

Samples: Incentive Stock Option Grant Agreement (Larkspur Health Acquisition Corp.), Nonqualified Stock Option Grant Agreement (Larkspur Health Acquisition Corp.), Incentive Stock Option Grant Agreement (Virpax Pharmaceuticals, Inc.)

Recoupment. In the event the Company restates its financial statements due to material noncompliance with any financial reporting requirements under applicable securities laws, any payments made or shares issued pursuant to this Agreement for or in respect of the year that is restated, or the prior three years, may be recovered to the extent the payments made or shares issued exceed the number amount that would have been paid or issued based on the restatement. In addition and without limitation of the foregoing, any amounts paid hereunder shall be subject to recoupment in accordance with The Dxxx–Fxxxx Xxxx Street Reform and Consumer Protection Act and any implementing regulations thereunder, any clawback policy adopted by the Company or as is otherwise required by applicable law or stock exchange listing conditions.

Appears in 8 contracts

Samples: Restricted Stock Unit Award Agreement (Data Storage Corp), Restricted Stock Unit Award Agreement (Cingulate Inc.), Restricted Stock Unit Award Agreement (Data Storage Corp)

Recoupment. In the event the Company restates its financial statements due to material noncompliance with any financial reporting requirements under applicable securities laws, any shares issued transferred pursuant to this Agreement for or in respect of the year that is restated, or the prior three years, may be recovered to the extent the number of shares issued transferred exceed the number that would have been issued transferred based on the restatement. In addition and without limitation of the foregoing, any amounts paid hereunder shall be subject to recoupment in accordance with The Dxxx–Fxxxx Xxxx Street Reform and Consumer Protection Act and any implementing regulations thereunder, any clawback policy adopted by the Company or as is otherwise required by applicable law or stock exchange listing conditions.

Appears in 4 contracts

Samples: Restricted Stock Award Agreement (Cingulate Inc.), Restricted Stock Award Agreement (Timber Pharmaceuticals, Inc.), Restricted Stock Award Agreement (Motus GI Holdings, Inc.)

Recoupment. In the event the Company restates its financial statements due to material noncompliance with any financial reporting requirements under applicable securities laws, any shares issued payments pursuant to this Agreement Performance Award for or in respect of the year that is restated, or the prior three years, may be recovered to the extent the shares issued payments made exceed the number amount that would have been issued based on as a result of the restatement. In addition and without limitation of the foregoing, any amounts paid hereunder shall be subject to recoupment in accordance with The DxxxXxxxFxxxx Xxxxx Xxxx Street Reform and Consumer Protection Act and any implementing regulations thereunder, any clawback policy adopted by the Company or as is otherwise required by applicable law or stock exchange listing conditions.

Appears in 3 contracts

Samples: Performance Award Agreement (Tower International, Inc.), Performance Award Agreement (Tower International, Inc.), Performance Award Agreement (Tower International, Inc.)

Recoupment. In the event the Company restates its financial statements due to material noncompliance with any financial reporting requirements under applicable securities laws, any shares issued payments pursuant to this Agreement Performance Award for or in respect of the year that is restated, or the prior three years, may be recovered to the extent the shares issued payments made exceed the number amount that would have been issued based on as a result of the restatement. In addition and without limitation of the foregoing, any amounts paid hereunder shall be subject to recoupment in accordance with The Dxxx–Fxxxx Xxxx Street Reform and Consumer Protection Act and any implementing regulations thereunder, any clawback policy adopted by the Company or as is otherwise required by applicable law or stock exchange listing conditions.

Appears in 2 contracts

Samples: Performance Award Agreement (Tower International, Inc.), Performance Award Agreement (Tower International, Inc.)

Recoupment. In the event the Company restates its financial statements due to material noncompliance with any financial reporting requirements under applicable securities laws, any shares issued pursuant to this Agreement for or in respect of the year that is restated, or the prior three years, may be recovered to the extent the shares issued exceed the number that would have been issued based on the restatement. In addition and without limitation of the foregoing, any amounts paid hereunder shall be subject to recoupment in accordance with The Dxxx–Fxxxx Xxxx Street Reform and Consumer Protection Act and any implementing regulations thereunder, any clawback policy adopted by the Company or as is otherwise required by applicable law Applicable Law or stock exchange listing conditions.

Appears in 2 contracts

Samples: Nonqualified Stock Option Award Agreement (Coffee Holding Co Inc), Incentive Stock Option Award Agreement (Coffee Holding Co Inc)

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Recoupment. In the event the Company restates its financial statements due to material noncompliance with any financial reporting requirements under applicable securities laws, any shares issued payments pursuant to this Agreement for or in respect of the year that is restated, or the prior three years, may be recovered to the extent the shares issued payments made exceed the number amount that would have been issued based on as a result of the restatement. In addition and without limitation of the foregoing, any amounts paid hereunder shall be subject to recoupment in accordance with The Dxxx–Fxxxx Xxxx Street Reform and Consumer Protection Act and any implementing regulations thereunder, any clawback policy adopted by the Company or as is otherwise required by applicable law or stock exchange listing conditions.

Appears in 2 contracts

Samples: Restricted Stock Unit Award Agreement (Tower International, Inc.), Restricted Stock Unit Award Agreement (Tower International, Inc.)

Recoupment. In the event the Company restates its financial statements due to material noncompliance with any financial reporting requirements under applicable securities laws, any shares issued pursuant to this Agreement for or in respect of the year that is restated, or the prior three years, may be recovered to the extent the shares issued exceed the number that would have been issued based on the restatement. In addition and without limitation of the foregoing, any amounts paid hereunder shall be subject to recoupment in accordance with The DxxxXxxxFxxxx Xxxxx Xxxx Street Reform and Consumer Protection Act and any implementing regulations thereunder, any clawback policy adopted by the Company or as is otherwise required by applicable law or stock exchange listing conditions.. [Signature Page Follows]

Appears in 2 contracts

Samples: Incentive Stock Option Grant Agreement (Dermata Therapeutics, Inc.), Incentive Stock Option Grant Agreement

Recoupment. In the event the Company restates its financial statements due to material noncompliance with any financial reporting requirements under applicable securities laws, any shares Shares issued pursuant to this Agreement for or in respect of the year that is restated, or the prior three years, may be recovered to the extent the shares Shares issued exceed the number that would have been issued based on the restatement. In addition and without limitation of the foregoing, any amounts paid hereunder shall be subject to recoupment in accordance with The Dxxx–Fxxxx Xxxx-Xxxxx Xxxx Street Reform and Consumer Protection Act and any implementing regulations thereunder, any clawback policy adopted by the Company or as is otherwise required by applicable law or stock exchange listing conditions.

Appears in 1 contract

Samples: Restricted Stock Unit Grant Agreement (PaxMedica, Inc.)

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