Common use of Amendment or Plan Termination Clause in Contracts

Amendment or Plan Termination. The Bank intends this Agreement to be permanent, but reserves the right to amend or terminate the Agreement when, in the sole opinion of the Bank, such amendment or termination is advisable. However, any termination of the Agreement which is done in anticipation of or following to a "Change in Control", as defined in Subsection 1.9, shall be deemed to trigger Subsection 2.1(b)(2) (or 2.1(c)(2), as applicable) of the Agreement notwithstanding the Participant's continued employment, and benefit(s) shall be paid from the Retirement Income Trust Fund (and Accrued Benefit Account, if applicable) in accordance with Subsection 13.2 below and with Subsections 2.1(b)(2) (or 2.1(c)(2), as applicable). Any amendment or termination of the Agreement shall be made pursuant to a resolution of the Board of Directors of the Bank and shall be effective as of the date of such resolution. No amendment or termination of the Agreement shall directly or indirectly deprive the Participant of all or any portion of the Participant's Retirement Income Trust Fund (and Accrued Benefit Account, if applicable) as of the effective date of the resolution amending or terminating the Agreement.

Appears in 3 contracts

Samples: Supplemental Retirement Income Agreement (Pocahontas Bancorp Inc), Supplemental Retirement Income Agreement (Pocahontas Bancorp Inc), Supplemental Retirement Income Agreement (Pocahontas Bancorp Inc)

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Amendment or Plan Termination. The Bank intends this Agreement to be ----------------------------- permanent, but reserves the right to amend or terminate the Agreement when, in the sole opinion of the Bank, such amendment or termination is advisable. However, any termination of the Agreement which is done in anticipation of or following pursuant to a "Change in Control", as defined in Subsection 1.9, shall be deemed to trigger Subsection 2.1(b)(2Subsections 5.1 and 2.1(b)(3) (or 2.1(c)(22.1(c)(3), as applicable) of the Agreement notwithstanding the Participant's continued employmentAgreement, and benefit(s) shall be paid from the Retirement Income Trust Fund (and Accrued Benefit Account, if applicable) in accordance with Subsection 13.2 below and with Subsections 2.1(b)(2) (or 2.1(c)(2), as applicable)such Subsections. Any amendment or termination of the Agreement shall be made pursuant to a resolution of the Board of Directors of the Bank and shall be effective as of the date of such resolution. No amendment or termination of the Agreement shall directly or indirectly indirectly), deprive the Participant Executive of all or any portion of the ParticipantExecutive's Retirement Income Trust Fund (and Accrued Benefit Account, if applicable) as of the effective date of the resolution amending or terminating the Agreement.

Appears in 1 contract

Samples: Executive Supplemental Retirement Income Agreement (West Essex Bancorp Inc)

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Amendment or Plan Termination. The Bank intends this Agreement to be ----------------------------- permanent, but reserves the right to amend or terminate the Agreement when, in the sole opinion of the Bank, such amendment or termination is advisable. However, any termination of the Agreement which is done in anticipation of or following pursuant to a "Change in Control", as defined in Subsection 1.9, shall be deemed to trigger Subsection 2.1(b)(2Subsections 5.1 and 2.1(b)(3) (or 2.1(c)(22.1(c)(3), as applicable) of the Agreement notwithstanding the Participant's continued employmentAgreement, and benefit(s) shall be paid from the Retirement Income Trust Fund (and Accrued Benefit Account, if applicable) in accordance with Subsection 13.2 below and with Subsections 2.1(b)(2) (or 2.1(c)(2), as applicable)such Subsections. Any amendment or termination of the Agreement shall be made pursuant to a resolution of the Board of Directors of the Bank and shall be effective as of the date of such resolution. No amendment or termination of the Agreement shall directly or indirectly deprive the Participant Executive of all or any portion of the ParticipantExecutive's Retirement Income Trust Fund (and Accrued Benefit Account, if applicable) as of the effective date of the resolution amending or terminating the Agreement.

Appears in 1 contract

Samples: Executive Supplemental Retirement Income Agreement (West Essex Bancorp Inc)

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