Negative Discretion

Negative Discretion. Discretion exercised by the Committee to cancel or reduce the amount of payment under an Award; provided that the exercise of such discretion shall not cause the affected Award to fail to qualify as "performance-based compensation" under Section 162(m) of the Code

Negative Discretion. Shall mean the discretion authorized by the Plan to be applied by the Committee to eliminate, or reduce the value of, a bonus award otherwise payable to a Participant for a given Performance Period, provided that the exercise of such discretion would not cause the award to fail to qualify as "performance-based compensation" under Section 162(m) of the Code. By way of example and not by way of limitation, in no event shall any discretionary authority granted to the Committee by the Plan,... including, but not limited to, Negative Discretion, be used (i) to provide for an award under the Plan in excess of the value payable based on actual performance versus the applicable performance goals for the Performance Period in question, or in excess of the individual award limit maximum value specified in Section 6(b) below, or (ii) to increase the value otherwise payable to any other Participant. View More

Negative Discretion. The discretion authorized by the Plan to be applied by the Committee to eliminate or reduce the size of a Performance Compensation Award in accordance with Section 7.4(d)(iv) of the Plan; provided, that, the exercise of such discretion would not cause the Performance Compensation Award to fail to qualify as "performance-based compensation" under Section 162(m) of the Code.

Negative Discretion. The discretion authorized by the Plan to be applied by the Committee to eliminate or reduce the size of an Other Cash-Based Award that is designated as a Performance Compensation Award consistent with Section 162(m) of the Code

Negative Discretion. The discretion of the Committee to reduce or eliminate the size of an Award Payment in accordance with Section 6.1(d) of the Plan

Negative Discretion. The discretion authorized by the Plan to be applied by the Committee to eliminate or reduce the amount to be paid under an Award in accordance with Section 5 below; provided, that, the exercise of such discretion would not cause the Award to fail to qualify as "qualified performance-based compensation" under Section 162(m)(4)(C) of the Code.

Negative Discretion. Other factors to be applied by the Committee in determining the size of the Performance Award if the Performance Goal has been achieved if, in the Committee's sole judgment, such application is appropriate in order to act within the best interest of the Company and its stockholders. The Negative Discretion factors include the Company's performance as measured primarily by earnings per common share, the achievement of measurable individual performance objectives established by the Committee and... communicated to the Executive Officer in advance of the period in which the service is to be performed, and competitive pay practices. In no event shall any discretionary authority granted to the Committee by the Plan be used to increase the Performance Award above the Maximum Amount Payable established in Section 6.02 of the Plan. View More

Negative Discretion. Shall mean the discretion authorized by the Plan to be applied by the Committee to eliminate or reduce the size of a Performance Compensation Award consistent with Section 162(m) of the Code.

Negative Discretion. The discretion of the Administrator to reduce or eliminate the size of an Award in accordance with Section 6.1(c) of the Plan.

Negative Discretion. The discretion authorized by the Plan to be applied by the Committee in determining the size of a Performance-Based Award for a Performance Period if, in the Committee's sole judgment, such application is appropriate