Subsequently, if the employer fails to prove this, the Employment Tribunal must award
an additional award of compensation to the claimant, which usually comes to between 26 to 52 weeks worth of pay.
Not exact matches
In the future, our
Compensation Committee and board
of directors may consider
awarding such
additional or alternative forms
of awards to our executive officers, although no decision to use such other forms
of award has yet been made.
Realized
compensation is not a substitute for reported
compensation in evaluating our
compensation structure, but we believe that realized
compensation is an important factor in understanding that the value
of compensation that Mr. Musk ultimately realizes is dependent on a number
of additional factors, including: (i) the vesting
of certain
of his option
awards only upon the successful achievement
of a number
of market capitalization increase and operational milestone targets, including milestones that have not
(l) Except as otherwise set forth in Schedule 2.7 (l)
of the Disclosure Schedule, (i) the Company is not and will not be obligated to pay separation, severance, termination or similar benefits as a result
of any
of the transactions contemplated by this Agreement, nor will any such transactions accelerate the time
of payment or vesting, or increase the amount,
of any benefit or other
compensation due to any individual; and (ii) the transactions contemplated by this Agreement will not cause the Company to record
additional compensation expense on its income statements with respect to any outstanding Stock Option or other equity - based
award.
Additional information about the LTICP and other plans pursuant to which
awards in the form
of shares
of the Company's common stock may be made to directors and employees in exchange for goods or services is provided under «Equity
Compensation Plan Information.»
Meeting more than 12
of the 16 operational milestones will not result in any
additional vesting or other
compensation to Mr. Musk under the 2018 CEO Performance
Award.
Stockholders should review the information in the Summary
Compensation Table and the Grants
of Plan - Based
Awards table, as well as the
additional tables that follow, in conjunction with our CD&A.
Additional information about the LTICP and other plans pursuant to which
awards in the form
of shares
of our common stock may be made to directors and employees in exchange for goods or services is provided under «Equity
Compensation Plan Information.»
on a pro forma basis, giving effect to (i) the automatic conversion
of all
of our outstanding shares
of convertible preferred stock other than Series FP preferred stock into shares
of Class B common stock and the conversion
of Series FP preferred stock into shares
of Class C common stock in connection with our initial public offering, (ii) stock - based
compensation expense
of approximately $ 1.1 billion associated with outstanding RSUs subject to a performance condition for which the service - based vesting condition was satisfied as
of December 31, 2016 and which we will recognize on the effectiveness
of our registration statement in connection with a qualifying initial public offering, as further described in Note 1 to our consolidated financial statements included elsewhere in this prospectus, (iii) the increase in accrued expenses and other current liabilities and an equivalent decrease in
additional paid - in capital
of $ 187.2 million in connection with the withholding tax obligations, based on $ 16.33 per share, which is the fair value
of our common stock as
of December 31, 2016, as we intend to issue shares
of Class A common stock and Class B common stock on a net basis to satisfy the associated withholding tax obligations, (iv) the net issuance
of 7.6 million shares
of Class A common stock and 5.5 million shares
of Class B common stock that will vest and be issued from the settlement
of such RSUs, (v) the issuance
of the CEO
award, as described below, and (vi) the filing and effectiveness
of our amended and restated certificate
of incorporation which will be in effect on the completion
of this offering.
The table above does not include (i) 5,952,917 shares
of Class A common stock reserved for issuance under our 2015 Incentive
Award Plan (as described in «Executive
Compensation — New Employment Agreements and Incentive Plans»), consisting
of (x) 2,689,486 shares
of Class A common stock issuable upon exercise
of options to purchase shares
of Class A common stock granted on the date
of this prospectus to our directors and certain employees, including the named executive officers, in connection with this offering as described in «Executive
Compensation — Director
Compensation» and «Executive
Compensation — New Equity
Awards,» and (y) 3,263,431
additional shares
of Class A common stock reserved for future issuance and (ii) 24,269,792 shares
of Class A common stock issuable to the Continuing SSE Equity Owners upon redemption or exchange
of their LLC Interests as described in «Certain Relationships and Related Party Transactions — SSE Holdings LLC Agreement.»
The pro forma consolidated balance sheet data gives effect to (i) the automatic conversion
of all
of our outstanding shares
of convertible preferred stock other than Series FP preferred stock into shares
of Class B common stock and the conversion
of Series FP preferred stock into shares
of Class C common stock in connection with our initial public offering, (ii) stock - based
compensation expense
of approximately $ 1.1 billion associated with outstanding RSUs subject to a performance condition for which the service - based vesting condition was satisfied as
of December 31, 2016 and which we will recognize on the effectiveness
of our registration statement in connection with this offering, as further described in Note 1 to our consolidated financial statements included elsewhere in this prospectus, (iii) the increase in accrued expenses and other current liabilities and an equivalent decrease in
additional paid - in capital
of $ 187.2 million in connection with the withholding tax obligations, based on $ 16.33 per share, which is the fair value
of our common stock as
of December 31, 2016, as we intend to issue shares
of Class A common stock and Class B common stock on a net basis to satisfy the associated withholding tax obligations, (iv) the net issuance
of 7.6 million shares
of Class A common stock and 5.5 million shares
of Class B common stock that will vest and be issued from the settlement
of such RSUs, (v) the issuance
of the CEO
award, as described below, and (vi) the filing and effectiveness
of our amended and restated certificate
of incorporation which will be in effect on the completion
of this offering.
For
additional details, see the discussion
of PARSU
awards under «
Compensation Discussion and Analysis — Determination
of Fiscal 2014 Executive
Compensation — Fiscal 2014 Long - Term Incentive
Compensation — 2014 Performance - Adjusted Restricted Stock Units.»
'' «In addition to actual or compensatory damages, the law permits the jury, under certain circumstances, to make an
award of punitive damages, in order to punish the wrongdoer for his misconduct, to serve as an example or warning to others not to engage in such conduct and to provide
additional compensation for the conduct to which the injured parties have been subjected.
For permanent hearing loss, you would also be given a schedule loss
of use
award — this provides
additional compensation which is based on which body part is injured and the degree
of impairment.
Punitive damages are
additional compensation awarded to the injured party above the amount granted to cover the costs
of medical treatment, lost wages and pain and suffering.
The case resulted in an
award of $ 924,000 in unpaid
compensation to Ms. Jafa - Bodden, and
additional punitive damages
of nearly $ 6.5 million.
Because
of the catastrophic nature
of a pedestrian accidents in RI, the Rhode island personal injury attorney will work for a large
award or out -
of - court settlement to ensure the victim has adequate
compensation for future medical expenses,
additional surgeries, rehabilitation and physical therapy.
This is an
additional amount
of compensation that is
awarded to victims
of drunk driving accidents.
Noteworthy trial decisions
awarded the following
compensation for the victims» pain and suffering and the humiliating and degrading circumstances
of the sexual abuse and assault they suffered (
additional amounts were
awarded in other areas):
[ii] While intention is not relevant in determining an appropriate remedy for a violation
of the Ontario Human Rights Code, it is relevant federally when determining the appropriate remedy for a contravention
of the Canadian Human Rights Act, where section 53 (3) provides that the Canadian Human Rights Tribunal may
award up to $ 20,000.00 in
additional compensation if the Tribunal finds that the respondent «has engaged in the discriminatory practice wilfully or recklessly».