Accounting Restatement. Notwithstanding any other provision herein, in addition to compensation clawbacks that may be required under Section 304 of the S▇▇▇▇▇▇▇-▇▇▇▇▇ Act of 2002 or Section 954 of the D▇▇▇-F▇▇▇▇ ▇▇▇▇ Street Reform and Consumer Protection Act of 2010 (or pursuant to any listing requirement of the stock exchanges on which the Company’s stock is traded), if the Bank is required to prepare an accounting restatement due to the material noncompliance of the Bank with any financial reporting requirement under the securities laws, the Executive shall reimburse the Bank for (i) any bonus or other incentive-based or equity-based compensation received by the Executive from the Bank during the twelve (12) month period following the first public issuance or filing with the Commission (whichever first occurs) of the financial document embodying such financial reporting requirement and; (ii) any profits realized from the sale of securities of the issuer during that twelve (12) month period.
Appears in 3 contracts
Sources: Change in Control Agreement (FSB Bancorp, Inc.), Change in Control Agreement (FSB Community Bankshares Inc), Change in Control Agreement (FSB Community Bankshares Inc)