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As Of Filer Filing For·On·As Docs:Size Issuer Filing Agent 1/18/24 Birkenstock Holding plc 20-F 9/30/23 178:32M Donnelley … Solutions/FA |
Document/Exhibit Description Pages Size
1: 20-F Annual or Annual-Transition Report by a Foreign HTML 7.31M
Non-Canadian Issuer
2: EX-1.1 Underwriting Agreement or Conflict Minerals Report HTML 378K
3: EX-2.1 Plan of Acquisition, Reorganization, Arrangement, HTML 65K
Liquidation or Succession
4: EX-4.7 Instrument Defining the Rights of Security Holders HTML 262K
5: EX-4.8 Instrument Defining the Rights of Security Holders HTML 251K
6: EX-4.9 Instrument Defining the Rights of Security Holders HTML 152K
7: EX-8.1 Opinion of Counsel re: Tax Matters HTML 53K
10: EX-13.1 Annual or Quarterly Report to Security Holders HTML 49K
11: EX-13.2 Annual or Quarterly Report to Security Holders HTML 50K
13: EX-97.1 Clawback Policy re: Recovery of Erroneously HTML 71K
Awarded Compensation
8: EX-12.1 Statement re: the Computation of Ratios HTML 53K
9: EX-12.2 Statement re: the Computation of Ratios HTML 53K
12: EX-15.1 Letter re: Unaudited Interim Financial Info HTML 49K
15: R1 Document and Entity Information HTML 121K
16: R2 Consolidated Statements of Financial Position HTML 154K
17: R3 Consolidated Statements of Comprehensive Income HTML 118K
18: R4 Consolidated Statements of Changes in HTML 85K
Shareholders' Equity (Deficit)
19: R5 Consolidated Statements of Cash Flows HTML 157K
20: R6 General Information HTML 55K
21: R7 Basis of Presentation HTML 153K
22: R8 Significant Accounting Policies HTML 205K
23: R9 Fair Value Measurement HTML 121K
24: R10 Segment Information HTML 424K
25: R11 Business Combinations HTML 144K
26: R12 Financial Risk Management Objectives and Policies HTML 256K
27: R13 Goodwill HTML 147K
28: R14 Intangible Assets HTML 234K
29: R15 Property, Plant and Equipment HTML 231K
30: R16 Leases HTML 248K
31: R17 Inventories HTML 68K
32: R18 Trade and Other Receivables HTML 85K
33: R19 Other Assets HTML 113K
34: R20 Cash and Cash Equivalents HTML 69K
35: R21 Shareholders' Equity HTML 55K
36: R22 Loans and Borrowings HTML 294K
37: R23 Provision for Employee Benefits HTML 150K
38: R24 Income Tax HTML 317K
39: R25 Trade and Other Payables and Accrued Liabilities HTML 79K
40: R26 Other Financial Liabilities HTML 65K
41: R27 Other Provisions HTML 238K
42: R28 Deferred Income HTML 73K
43: R29 Other Current Liabilities HTML 64K
44: R30 Revenue from Contracts with Customers HTML 110K
45: R31 Operating Expenses HTML 208K
46: R32 Foreign Exchange Gain (Loss) HTML 102K
47: R33 Finance Result HTML 95K
48: R34 Earnings Per Share HTML 82K
49: R35 Share-based Compensation HTML 75K
50: R36 Commitments and Contingencies HTML 51K
51: R37 Related Party Disclosures HTML 130K
52: R38 Composition of The Group HTML 200K
53: R39 Subsequent Events HTML 55K
54: R40 Significant Accounting Policies (Policies) HTML 255K
55: R41 Basis of Presentation (Tables) HTML 145K
56: R42 Significant Accounting Policies (Tables) HTML 65K
57: R43 Fair Value Measurement (Tables) HTML 121K
58: R44 Segment Information (Tables) HTML 422K
59: R45 Business Combinations (Tables) HTML 118K
60: R46 Financial Risk Management Objectives and Policies HTML 240K
(Tables)
61: R47 Goodwill (Tables) HTML 148K
62: R48 Intangible Assets (Tables) HTML 232K
63: R49 Property, Plant and Equipment (Tables) HTML 229K
64: R50 Leases (Tables) HTML 244K
65: R51 Inventories (Tables) HTML 62K
66: R52 Trade and Other Receivables (Tables) HTML 83K
67: R53 Other Assets (Tables) HTML 111K
68: R54 Cash and Cash Equivalents (Tables) HTML 68K
69: R55 Loans and Borrowings (Tables) HTML 262K
70: R56 Provision for Employee Benefits (Tables) HTML 154K
71: R57 Income Tax (Tables) HTML 318K
72: R58 Trade and Other Payables and Accrued Liabilities HTML 78K
(Tables)
73: R59 Other Financial Liabilities (Tables) HTML 63K
74: R60 Other Provisions (Tables) HTML 239K
75: R61 Deferred Income (Tables) HTML 70K
76: R62 Other Current Liabilities (Tables) HTML 63K
77: R63 Revenue from Contracts with Customers (Tables) HTML 110K
78: R64 Operating Expenses (Tables) HTML 196K
79: R65 Foreign Exchange Gain (Loss) (Tables) HTML 102K
80: R66 Finance Result (Tables) HTML 94K
81: R67 Earnings Per Share (Tables) HTML 79K
82: R68 Share-based Compensation (Tables) HTML 71K
83: R69 Related Party Disclosures (Tables) HTML 118K
84: R70 Composition of The Group (Tables) HTML 195K
85: R71 Basis of Presentation - Schedule of Condensed HTML 65K
Consolidated Statement of Comprehensive Income
(Details)
86: R72 Basis of Presentation - Schedule of Condensed HTML 64K
Consolidated Statement of Changes in Shareholders'
Equity (Deficit) (Details)
87: R73 Basis of Presentation - Additional Information HTML 56K
(Details)
88: R74 Basis of Presentation - Schedule of Exchange Rates HTML 69K
(to Euros) (Details)
89: R75 Significant Accounting Policies - Schedule of HTML 64K
Estimated Useful Lives of Intangible Assets
(Details)
90: R76 Significant Accounting Policies - Schedule of HTML 61K
Estimated Useful Lives of Property, Plant, and
Equipment (Details)
91: R77 Significant Accounting Policies - Additional HTML 55K
Information (Details)
92: R78 Fair Value Measurement - Schedule of Fair Values HTML 66K
and Fair Value Hierarchy of Financial Instruments
Carried at Fair Value on Recurring Basis (Details)
93: R79 Fair Value Measurement - Schedule of Fair Value HTML 73K
and Fair Value Hierarchy of Loans and Borrowings
Carried at Amortized Cost (Details)
94: R80 Fair Value Measurement - Additional Information HTML 52K
(Details)
95: R81 Segment Information - Additional Information HTML 50K
(Details)
96: R82 Segment Information - Schedule of Operating HTML 97K
Segments (Details)
97: R83 Segment Information - Schedule of Geographical HTML 57K
Locations (Details)
98: R84 Segment Information - Schedule of Non-current HTML 66K
Assets By Geographical Location (Details)
99: R85 Business Combinations - Additional Information HTML 139K
(Details)
100: R86 Business Combinations - Summary of Fair Value of HTML 65K
Purchase Consideration Transaction (Details)
101: R87 Business Combinations - Summary of Fair Value of HTML 109K
Assets Acquired and Liabilities Assumed at
Acquisition Date (Details)
102: R88 Financial Risk Management Objectives and Policies HTML 79K
- Additional Information (Details)
103: R89 Financial Risk Management Objectives and Policies HTML 76K
- Schedule of Credit Risk Exposure by Risk Rating
Grades for Trade Receivables (Details)
104: R90 Financial Risk Management Objectives and Policies HTML 85K
- Summary of Contractual Undiscounted Future Cash
Flow (Details)
105: R91 Financial Risk Management Objectives and Policies HTML 63K
- Sensitivity Analysis for Foreign Exchange Risk
(Details)
106: R92 Financial Risk Management Objectives and Policies HTML 60K
- Amounts Related to Items Designated as Hedging
Instrument (Details)
107: R93 Financial Risk Management Objectives and Policies HTML 51K
- Gains and Losses from Cash Flow Hedges (Details)
108: R94 Financial Risk Management Objectives and Policies HTML 58K
- Changes in Cash Flow Reserve (Details)
109: R95 Goodwill - Summary of Goodwill (Details) HTML 56K
110: R96 Goodwill - Summary of Goodwill Balance Allocation HTML 65K
into Applicable Groups of CGUs (Details)
111: R97 Goodwill - Additional Information (Details) HTML 50K
112: R98 Goodwill - Schedule of Key Assumptions Used in HTML 72K
Impairment Test (Details)
113: R99 Intangible Assets - Summary of Intangible Assets HTML 94K
(Details)
114: R100 Intangible Assets - Additional Information HTML 56K
(Details)
115: R101 Intangible Assets - Carrying Value of HTML 59K
Indefinite-Lived Intangibles (Details)
116: R102 Property, Plant and Equipment - Summary of HTML 99K
Property, Plant and Equipment (Details)
117: R103 Leases - Summary of Right-of-use assets and Lease HTML 107K
Liabilities (Details)
118: R104 Leases - Additional Information (Details) HTML 54K
119: R105 Leases - Summary of Lease Expenses Recognized in HTML 60K
Comprehensive Income (Details)
120: R106 Inventories - Summary of Inventories (Details) HTML 57K
121: R107 Inventories - Additional Information (Details) HTML 57K
122: R108 Trade and Other Receivables - Schedule of Trade HTML 64K
and Other Receivables (Details)
123: R109 Trade and Other Receivables - Additional HTML 49K
Information (Details)
124: R110 Other Assets - Other Assets Non-Current and HTML 79K
Current (Details)
125: R111 Cash and Cash Equivalents - Summary of Cash and HTML 61K
Cash Equivalents (Details)
126: R112 Cash and Cash Equivalents - Additional Information HTML 49K
(Details)
127: R113 Shareholders' Equity - Additional Information HTML 55K
(Details)
128: R114 Loans and Borrowings - Schedule of Principal and HTML 78K
Interest Payable Outstanding Amounts (Details)
129: R115 Loans and Borrowings - Schedule of Aggregate HTML 62K
Scheduled Maturities of Debt Outstanding (Details)
130: R116 Loans and Borrowings - Reconciliation of Financial HTML 80K
Liabilities (Details)
131: R117 Loans and Borrowings - Additional Information HTML 125K
(Details)
132: R118 Provision for Employee Benefits - Additional HTML 51K
Information (Details)
133: R119 Provision for Employee Benefits - Schedule of HTML 60K
Amounts Recognized in Consolidated Statements of
Comprehensive Income (Details)
134: R120 Provision for Employee Benefits - Schedule of HTML 55K
Employee Benefits Obligations (Details)
135: R121 Provision for Employee Benefits - Schedule of HTML 58K
Changes in Present Value of Defined Benefit
Obligations (Details)
136: R122 Provision for Employee Benefits - Schedule of HTML 61K
Actuarial Assumptions Used in Accounting for
Defined Benefit Plans (Details)
137: R123 Provision for Employee Benefits - Schedule of HTML 55K
Sensitivity Analysis for Assumptions (Details)
138: R124 Provision for Employee Benefits - Schedule of HTML 55K
Sensitivity Analysis for Assumptions
(Parenthetical) (Details)
139: R125 Income Tax - Schedule of Major Components of HTML 56K
Income Tax Expense (Details)
140: R126 Income Tax - Additional Information (Details) HTML 57K
141: R127 Income Tax - Reconciliation of Effective Tax Rate HTML 76K
(Details)
142: R128 Income Tax - Reconciliation of Effective Tax Rate HTML 49K
(Parenthetical) (Details)
143: R129 Income Tax - Schedule of Net Deferred Tax Assets HTML 93K
and Liabilities (Details)
144: R130 Income Tax - Schedule of Deferred Taxes (Details) HTML 64K
145: R131 Income Tax - Schedule of Unrecognized Deferred HTML 52K
Taxes (Details)
146: R132 Trade and Other Payables and Accrued Liabilities - HTML 63K
Schedule of Trade and Other Payables and Accrued
Liabilities (Details)
147: R133 Other Financial Liabilities - Summary of Other HTML 56K
Financial Liabilities (Details)
148: R134 Other Provions - Summary of Other Provisions HTML 61K
(Details)
149: R135 Other Provisions - Summary of Changes in Warrant HTML 61K
Provisions (Details)
150: R136 Other Provisions - Summary of Changes in Legal HTML 58K
Provisions (Details)
151: R137 Other Provisions - Summary of Changes in Personnel HTML 61K
Obligations (Details)
152: R138 Other Provisions - Summary of Changes in HTML 61K
Miscellaneous Other Provisions (Details)
153: R139 Deferred Income - Summary of Deferred Income HTML 65K
(Details)
154: R140 Deferred Income - Additional Information (Details) HTML 55K
155: R141 Other Current Liabilities - Summary of Other HTML 55K
Current Liabilities (Details)
156: R142 Revenue from Contracts with Customers - Summary of HTML 58K
Disaggregation of Revenue by Sales Channels
(Details)
157: R143 Revenue from Contracts with Customers - Schedule HTML 54K
of Movements of Contract Liabilities (Details)
158: R144 Operating Expenses - Summary of Cost of Sales HTML 71K
(Details)
159: R145 Operating Expenses - Summary of Selling and HTML 68K
Distribution Expenses (Details)
160: R146 Operating Expenses - Summary of General HTML 66K
Administration Expenses (Details)
161: R147 Operating Expenses - Additional Information HTML 78K
(Details)
162: R148 Foreign Exchange Gain (Loss) - Summary of Foreign HTML 57K
Exchange Gain (Loss) (Details)
163: R149 Foreign Exchange Gain (Loss) - Schedule of Foreign HTML 52K
Exchange Rates (Details)
164: R150 Finance Result - Schedule of Finance Result HTML 62K
(Details)
165: R151 Earnings Per Share - Schedule of Calculation of HTML 59K
Earnings Per Share (Details)
166: R152 Share-based Compensation - Additional Information HTML 77K
(Details)
167: R153 Share-based Compensation - Summary of Fair Value HTML 64K
At Grant Date Estimate Using Discounted Cash Flow
Model and Black-Scholes Option Pricing Model
(Details)
168: R154 Share-based Compensation - Summary of Stock-Based HTML 54K
Compensation Expense Recognized (Details)
169: R155 Commitments And Contingencies - Additional HTML 49K
Information (Details)
170: R156 Related Party Disclosures - Related Party HTML 74K
Transactions (Details)
171: R157 Related Party Disclosures - Additional Information HTML 78K
(Details)
172: R158 Composition of The Group - Summary of the Material HTML 151K
Subsidiaries (Details)
173: R159 Subsequent Events - Additional Information HTML 69K
(Details)
176: XML IDEA XML File -- Filing Summary XML 346K
174: XML XBRL Instance -- birk-20230930_htm XML 9.44M
175: EXCEL IDEA Workbook of Financial Report Info XLSX 341K
14: EX-101.SCH XBRL Taxonomy Extension Schema With Embedded XSD 6.77M
Linkbases Document -- birk-20230930
177: JSON XBRL Instance as JSON Data -- MetaLinks 690± 1.12M
178: ZIP XBRL Zipped Folder -- 0000950170-24-005395-xbrl Zip 1.37M
| EX-97.1 |
Exhibit 97.1
Birkenstock Holding plc
Clawback policy
september 2023
Contents
(1) |
PURPOSE |
3 |
(2) |
ADMINISTRATION |
3 |
(3) |
COVERED EXECUTIVES |
3 |
(4) |
RECOUPMENT; ACCOUNTING RESTATEMENT |
3 |
(5) |
INCENTIVE-BASED COMPENSATION |
4 |
(6) |
OVERPAYMENT: AMOUNT SUBJECT TO RECOVERY |
5 |
(7) |
METHOD OF RECOUPMENT |
5 |
(8) |
LIMITATION ON RECOVERY; NO ADDITIONAL PAYMENTS |
5 |
(9) |
NO INDEMNIFICATION |
6 |
(10) |
INTERPRETATION |
6 |
(11) |
EFFECTIVE DATE |
6 |
(12) |
AMENDMENT; TERMINATION |
6 |
(13) |
OTHER RECOUPMENT RIGHTS |
6 |
(14) |
IMPRACTICABILITY |
7 |
(15) |
SUCCESSORS |
7 |
2 Birkenstock Holding plc I Clawback Policy
(1) PURPOSE
The Board of Directors (the “Board”) of Birkenstock Holding plc (the “Company”) believes that it is in the best interests of the Company and its shareholders to create and maintain a culture that emphasizes integrity and accountability and that reinforces the Company’s pay-for-performance compensation philosophy. The Board has therefore adopted this policy which provides for the recoupment of certain executive compensation in the event that the Company is required to prepare an accounting restatement of its financial statements due to material noncompliance with any financial reporting requirement under the U.S. federal securities laws (this “Policy”). This Policy is designed to comply with Section 10D of the Securities Exchange Act of 1934, as amended (the “Exchange Act”), the rules promulgated thereunder, and the listing standards of the national securities exchange on which the Company’s securities are listed.
(2) ADMINISTRATION
This Policy shall be administered by the Board. Any determinations made by the Board shall be final and binding on all affected individuals.
(3) COVERED EXECUTIVES
This Policy applies to the Company’s current and former executive officers (as determined by the Board in accordance with Section 10D of the Exchange Act and the rules promulgated thereunder and by the relevant listing exchange, which, unless the Board determines otherwise, shall be the persons identified in the Company’s filings with the Securities and Exchange Commission as executive officers and presidents from time to time and, if not otherwise included, shall also include the Company’s current and former principal financial officers and principal accounting officers (or if there is no such accounting officer, the controller)). This Policy shall be binding and enforceable against all such “Covered Executives.”
(4) RECOUPMENT; ACCOUNTING RESTATEMENT
In the event the Company is required to prepare an accounting restatement of its financial statements due to the Company’s material noncompliance with any financial reporting requirement under the U.S. federal securities laws, including any required accounting restatement (i) to correct an error in previously issued financial statements that is material to the previously issued financial statements or (ii) that would result in a material misstatement if the error were corrected in the current period or left uncorrected in the current period (each an “Accounting Restatement”), the Board will reasonably promptly require reimbursement or forfeiture of the Overpayment (as defined below) received by any Covered Executive (x) after beginning service as a Covered Executive, (y) who served as a Covered Executive at any time during the performance period for the applicable Incentive-Based Compensation (as defined below) and (z) during the three (3) completed fiscal years immediately preceding the
3 Birkenstock Holding plc I Clawback Policy
date on which the Company is required to prepare an Accounting Restatement and any transition period (that results from a change in the Company’s fiscal year) within or immediately following those three (3) completed fiscal years.
(5) INCENTIVE-BASED COMPENSATION
For purposes of this Policy, “Incentive-Based Compensation” means any compensation that is granted, earned or vested based wholly or in part upon the attainment of a financial reporting measure, including, but not limited to: (i) non-equity incentive plan awards that are earned solely or in part by satisfying a financial reporting measure performance goal; (ii) bonuses paid from a bonus pool, where the size of the pool is determined solely or in part by satisfying a financial reporting measure performance goal; (iii) other cash awards based on satisfaction of a financial reporting measure performance goal; (iv) restricted shares, restricted share units, share options, share appreciation rights, and performance share units that are granted or vest solely or in part based on satisfaction of a financial reporting measure performance goal; and (v) proceeds from the sale of shares acquired through an incentive plan that were granted or vested solely or in part based on satisfaction of a financial reporting measure performance goal. Compensation that would not be considered Incentive-Based Compensation includes, but is not limited to: (a) salaries; (b) bonuses paid solely based on satisfaction of subjective standards, such as demonstrating leadership, and/or completion of a specified employment period; (c) non-equity incentive plan awards earned solely based on satisfaction of strategic or operational measures; (d) wholly time-based equity awards; and (e) discretionary bonuses or other compensation that is not paid from a bonus pool that is determined by satisfying a financial reporting measure performance goal.
A financial reporting measure is: (i) any measure that is determined and presented in accordance with the accounting principles used in preparing financial statements, or any measure derived wholly or in part from such measure, such as revenues, Adjusted EBITDA, or net income and (ii) share price and total shareholder return. Financial reporting measures include, but are not limited to: revenues; net income; operating income; profitability of one or more reportable segments; financial ratios (e.g., accounts receivable
turnover and inventory turnover rates); net assets or net asset value per share; earnings before interest, taxes, depreciation and amortization; funds from operations and adjusted funds from operations; liquidity measures (e.g., working capital, operating cash flow); return measures (e.g., return on invested capital, return on assets); earnings measures (e.g., earnings per share); sales per square foot or same store sales, where sales is subject to an accounting restatement; revenue per customer, or average revenue per customer, where revenue is subject to an accounting restatement; cost per employee, where cost is subject to an accounting restatement; any of such financial reporting measures relative to a peer group, where the Company’s financial reporting measure is subject to an accounting restatement; and tax basis income.
4 Birkenstock Holding plc I Clawback Policy
(6) OVERPAYMENT: AMOUNT SUBJECT TO RECOVERY
The amount to be recovered will be the amount of Incentive-Based Compensation received that exceeds the amount of Incentive-Based Compensation that otherwise would have been received had it been determined based on the restated amounts, and must be computed without regard to any taxes paid (the “Overpayment”). Incentive-Based Compensation is deemed received in the Company’s fiscal period during which the financial reporting measure specified in the incentive-based compensation award is attained, even if the vesting, payment or grant of the incentive-based compensation occurs after the end of that period.
For Incentive-Based Compensation based on share price or total shareholder return, where the amount of erroneously awarded compensation is not subject to mathematical recalculation directly from the information in the Accounting Restatement, the amount must be based on a reasonable estimate of the effect of the Accounting Restatement on the share price or total shareholder return upon which the Incentive-Based Compensation was received; and the Company must maintain documentation of the determination of that reasonable estimate and provide such documentation to the exchange on which the Company’s securities are listed.
(7) METHOD OF RECOUPMENT
The Board will determine, in its sole discretion, the method or methods for recouping any Overpayment hereunder, which may include, without limitation:
· requiring reimbursement of cash or equity-based Incentive-Based Compensation previously paid;
· seeking recovery of any gain realized on the vesting, exercise, settlement, sale, transfer, or other disposition of any equity-based awards granted as Incentive-Based Compensation;
· offsetting any or all of the Overpayment from any compensation otherwise owed by the Company to the Covered Executive;
· cancelling outstanding vested or unvested equity awards; and/or
· taking any other remedial or recovery action permitted by law, as determined by the Board.
(8) LIMITATION ON RECOVERY; NO ADDITIONAL PAYMENTS
The right to recovery will be limited to Overpayments received during the three (3) completed fiscal years prior to the date on which the Company is required to prepare an Accounting Restatement and any transition period (that results from a change in the Company’s fiscal year) within or immediately following those three (3) completed fiscal years. In no event shall the Company be required to award Covered Executives
5 Birkenstock Holding plc I Clawback Policy
an additional payment if the restated or accurate financial results would have resulted in a higher Incentive-Based Compensation payment.
(9) NO INDEMNIFICATION
The Company shall not indemnify any Covered Executives against the loss of any incorrectly awarded Incentive-Based Compensation.
(10) INTERPRETATION
The Board is authorized to interpret and construe this Policy and to make all determinations necessary, appropriate, or advisable for the administration of this Policy. It is intended that this Policy be interpreted in a manner that is consistent with the requirements of Section 10D of the Exchange Act and the applicable rules or standards adopted by the Securities and Exchange Commission or any national securities exchange on which the Company’s securities are listed.
(11) EFFECTIVE DATE
This Policy shall be effective as of the date it is adopted by the Board (the “Effective Date”) and shall apply to Incentive-Based Compensation (including Incentive-Based Compensation granted pursuant to arrangements existing prior to the Effective Date). Notwithstanding the foregoing, this Policy shall only apply to Incentive-Based Compensation received (as determined pursuant to this Policy) on or after the effective date of Section 303A.14 of the NYSE Listed Company Manual.
(12) AMENDMENT; TERMINATION
The Board may amend this Policy from time to time in its discretion. The Board may terminate this Policy at any time.
(13) OTHER RECOUPMENT RIGHTS
The Board intends that this Policy will be applied to the fullest extent of the law. The Board may require that any employment or service agreement, cash-based bonus plan or program, equity award agreement or similar agreement entered into on or after the Effective Date shall, as a condition to the grant of any benefit thereunder, require a Covered Executive to agree to abide by the terms of this Policy. Any right of recoupment under this Policy is in addition to, and not in lieu of, any other remedies or rights of recoupment that may be available to the Company pursuant to the terms of any similar policy in any employment agreement, equity award agreement, cash-based bonus plan or program or similar agreement and any other legal remedies available to the Company.
6 Birkenstock Holding plc I Clawback Policy
(14) IMPRACTICABILITY
The Board shall recover any Overpayment in accordance with this Policy except to the extent that the Board determines such recovery would be impracticable because:
(A) the direct expense paid to a third party to assist in enforcing this Policy would exceed the amount to be recovered;
(B) recovery would violate home country law of the Company where that law was adopted prior to November 28, 2022; or
(C) recovery would likely cause an otherwise tax-qualified retirement plan, under which benefits are broadly available to employees of the Company, to fail to meet the requirements of 26 U.S.C. 401(a)(13) or 26 U.S.C. 411(a) and regulations thereunder.
(15) SUCCESSORS
This Policy shall be binding and enforceable against all Covered Executives and their beneficiaries, heirs, executors, administrators or other legal representatives.
7 Birkenstock Holding plc I Clawback Policy
| This ‘20-F’ Filing | Date | Other Filings | ||
|---|---|---|---|---|
 | ||||
| Filed on: | 1/18/24 | 6-K | ||
| For Period end: | 9/30/23 | |||
| 11/28/22 | ||||
| List all Filings | ||||
As Of Filer Filing For·On·As Docs:Size Issuer Filing Agent 10/02/23 Birkenstock Holding Ltd. F-1/A 12:11M Donnelley … Solutions/FA 9/15/23 Birkenstock Holding Ltd. F-1/A 13:19M Donnelley … Solutions/FA |