Texas Clawback Guaranty

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This is a sample private equity company form, a Clawback Guaranty. Available in Word format.
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FAQ

The SEC Clawback Rules require that a committee composed of independent directors charged with oversight of executive compensation, or the independent members of the board of directors, must make any determination that the recovery of erroneously awarded compensation would be impracticable.

Employee agrees that the Company shall have the right to require Employee to repay the value of the shares received by Employee pursuant to this Agreement, as may be required by law (including, without limitation, the Dodd-Frank Wall Street Reform and Consumer Protection Act and implementing rules and regulations ...

A clawback is a contractual provision whereby money already paid to an employee must be returned to an employer or benefactor, sometimes with a penalty. Many companies use clawback policies in employee contracts for incentive-based pay like bonuses.

A clawback is a contractual provision that requires an employee to return money already paid by an employer, sometimes with a penalty. Clawbacks act as insurance policies in the event of fraud or misconduct, a drop in company profits, or for poor employee performance.

Employee agrees that the Company shall have the right to require Employee to repay the value of the shares received by Employee pursuant to this Agreement, as may be required by law (including, without limitation, the Dodd-Frank Wall Street Reform and Consumer Protection Act and implementing rules and regulations ...

For example, a company might initiate a clawback if they offer a bonus to an employee based on their job performance but later discover their assessment of the performance was incorrect. Clawbacks often refer to money, but they might also apply to legal documents and other significant nonmonetary items.

Clawback is a provision under which money that's already been paid out must be returned to the employer or the firm. This is a special contractual clause, used mostly in financial firms, for money paid for services to be returned under special circumstances or events as stated in the contract.

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Texas Clawback Guaranty