Attached files
Exhibit 10.16(a)
Amendment to
Jos. A. Bank Clothiers, Inc. Executive Management Incentive Plan
Jos. A. Bank Clothiers, Inc. Executive Management Incentive Plan
Effective as of March 30, 2010
The Jos. A Bank Clothiers, Inc. Executive Management Incentive Plan is hereby amended to add
the following as Section 18 thereof:
18. ADJUSTMENT OF AWARDS DUE TO RESTATEMENT OF EARNINGS. The Company will, to the extent
permitted by governing law, require reimbursement of any cash or stock-based incentive compensation
paid to any named executive officer (for purposes of this section named executive officers has
the meaning given that term in Item 402(a)(3) of Regulation S-K under the Securities Exchange Act
of 1934) where: (i) the payment was predicated upon the achievement of certain financial results
that were subsequently the subject of a substantial restatement, and (ii) in the Committees view
the officer engaged in fraud or misconduct that caused or partially caused the need for the
substantial restatement. In each instance described above, the Company will, to the extent
practicable, seek to recover the described cash or stock-based incentive compensation for the
relevant period, plus a reasonable rate of interest. In addition, with respect to other
Participants, the Committee may make retroactive adjustments to, and the Participant shall
reimburse to the Company, any cash or stock-based incentive compensation paid to the Participant
where such compensation was predicated upon achieving certain financial results that were
substantially the subject of a restatement, and as a result of the restatement it is determined
that the Participant otherwise would not have been paid such compensation, regardless of whether or
not the restatement resulted from the Participants misconduct. In each such instance, the Company
will, to the extent practicable, seek to recover the amount by which the Participants cash or
stock-based incentive compensation for the relevant period exceeded the lower payment that would
have been made based on the restated financial results.