Recovery of Compensation in Connection with Financial Restatement. Notwithstanding any other provision of this Option Agreement to the contrary, if the Board in good faith determines that the Company is required to restate its financial statements due to material noncompliance with any financial reporting requirement under the law, and such restatement is not the result of misconduct by the Board or the management of the Company, the Optionee shall be required to reimburse the Company for any amounts earned or payable with respect to the Option to the extent required by and otherwise in accordance with applicable law.
Appears in 2 contracts
Sources: Option Grant Agreement (Dgse Companies Inc), Option Grant Agreement (Dgse Companies Inc)