Alternative Action. In the event it becomes impossible for the Employer or the Administrator to perform any act required by this Agreement due to regulatory or other constraints, the Employer or Administrator may perform such alternative act as most nearly carries out the intent and purpose of this Agreement and is in the best interests of the Employer, provided that such alternative act does not violate Code Section 409A.
Appears in 97 contracts
Samples: Salary Continuation Agreement (Orrstown Financial Services Inc), Supplemental Executive Retirement Agreement (Farmers & Merchants Bancshares, Inc.), Deferred Compensation Agreement (Orrstown Financial Services Inc)
Alternative Action. In the event it becomes impossible for the Employer or the Administrator to perform any act required by this Agreement due to regulatory or other constraints, the Employer or Administrator may perform such alternative act as most nearly carries out the intent and purpose of this Agreement and is in the best interests of the Employer, provided that such alternative act does not violate Code Section 409A.4-09A.
Appears in 1 contract
Samples: 2014 Supplemental Retirement Agreement (MidWestOne Financial Group, Inc.)
Alternative Action. In the event it becomes impossible for the Employer or the Administrator to perform any act required by this Agreement due to regulatory or other constraints, the Employer or Administrator may perform such alternative act as most nearly carries out the intent and purpose of this Agreement and is in the best interests of the Employer, provided that such alternative act does not violate Code Section 409A.409A,
Appears in 1 contract
Samples: Supplemental Executive Retirement Plan (Riverview Financial Corp)
Alternative Action. In the event it becomes impossible for the Employer Company or the Administrator to perform any act required by this Agreement due to regulatory or other constraints, the Employer Company or Administrator may perform such alternative act as most nearly carries out the intent and purpose of this Agreement and is in the best interests of the EmployerCompany, provided that such alternative act does not violate Code Section 409A.
Appears in 1 contract
Samples: Retirement Agreement (MUNCY COLUMBIA FINANCIAL Corp)