Amount and Terms. Subject to and upon the terms and conditions herein ---------------- set forth, the Lender agrees to lend amounts to the Borrower (the "Loan") from time to time during the period of this agreement up to but not including the maturity date of in an aggregate principal amount (the "Loan Amount") sufficient to permit the Borrower to acquire a number of shares ("Shares") of common stock, par value $0.01 ("Common Stock") of Berkshire Hills Bancorp, Inc., a Delaware corporation, and the Holding Company of the Bank, equal to 8% of the Shares issued in connection with the conversion of the Bank from the mutual to stock form (the "Conversion") including the shares issued to ________________ Charitable Foundation, a charitable foundation being established in connection with the Conversion. The Loan is intended to be an "exempt loan" as described in Section 4975(d) of the Internal Revenue Code of 1986, as amended (the "Code"), as defined in Section 54.4975-7(b) of the Treasury Regulations (the "Regulations"), as described in Section 408(b)(3) of the Employee Retirement Income Security Act of 1974, as amended ("ERISA") and as described in Department of Labor Regulations Section 2550.408b-3 (collectively, the "Exempt Loan Rules").
Appears in 1 contract
Samples: Esop Funding Commitment (Berkshire Hills Bancorp Inc)
Amount and Terms. Subject to and upon the terms and conditions herein ---------------- set forth, the Lender agrees to lend amounts to the Borrower Borrower, (the "Loan") ), from time to time during the period of this agreement up to but not including the maturity date of December 31, 200_ in an aggregate principal amount (the "Loan Amount") sufficient to permit the Borrower to acquire a number of shares ("Shares") of common stock, par value $0.01 ("Common Stock") of Berkshire Hills Bancorp, Inc.Security of Pennsylvania Financial Corp., a Delaware corporation, and the Holding Company of the BankAssociation, equal to 8% of the Shares issued in connection with the conversion of the Bank Association from the mutual to stock form (the "Conversion") form, including the shares issued to ________________ the Security Savings Charitable Foundation, a charitable foundation being established in connection with the conversion (the "Conversion"). The Loan is intended to be an "exempt loan" as described in Section 4975(d4975(d)(3) of the Internal Revenue Code of 1986, as amended (the "Code"), as defined in Section 54.4975-7(b) of the Treasury Regulations (the "Regulations"), as described in Section 408(b)(3) of the Employee Retirement Income Security Act of 1974, as amended ("ERISA") and as described in Department of Labor Regulations Section 2550.408b-3 (collectively, the "Exempt Loan Rules").
Appears in 1 contract
Samples: Leveraged Esop Commitment Letter (Security of Pennsylvania Financial Corp)
Amount and Terms. Subject to and upon the terms and conditions herein ---------------- set forth, the Lender agrees to lend amounts to the Borrower (the "Loan") from time to time during the period of this agreement up to but not including the maturity date of ________, 20__ in an aggregate principal amount (the "Loan Amount") sufficient to permit the Borrower to acquire a number of shares ("Shares") of common stock, par value $0.01 ("Common Stock") of Berkshire Hills Woronoco Bancorp, Inc., a Delaware corporation, and the Holding Company of the Bank, equal to 8% of the Shares issued in connection with the conversion of the Bank from the mutual to stock form (the "Conversion") including the shares issued to ________________ Woronoco Savings Charitable Foundation, a charitable foundation being established in connection with the Conversion. The Loan is intended to be an "exempt loan" as described in Section 4975(d) of the Internal Revenue Code of 1986, as amended (the "Code"), as defined in Section 54.4975-7(b) of the Treasury Regulations (the "Regulations"), as described in Section 408(b)(3) of the Employee Retirement Income Security Act of 1974, as amended ("ERISA") and as described in Department of Labor Regulations Section 2550.408b-3 (collectively, the "Exempt Loan Rules").
Appears in 1 contract
Amount and Terms. Subject to and upon the terms and conditions herein ---------------- set forth, the Lender agrees to lend amounts to the Borrower Borrower, (the "Loan") ), from time to time during the period of this agreement up to but not including the maturity date of [Date] in an aggregate principal amount (the "Loan Amount") sufficient to permit the Borrower to acquire a number of shares ("Shares") of common stock, par value $0.01 ("Common Stock") of Berkshire Hills BancorpMassachusetts Fincorp, Inc., Inc. a Delaware corporation, corporation and the Holding Company stock holding company of the Bank, equal to 8% of the Shares issued in connection with the conversion reorganization and offering of the Bank from the a federally-chartered mutual co-operative bank to a Massachusetts chartered stock form savings bank (the "Conversion") ), including the shares issued to ________________ Charitable the [Foundation], a charitable foundation being established in connection with the Conversion. The Loan is intended to be an "exempt loan" as described in Section 4975(d4975(d)(3) of the Internal Revenue Code of 1986, as amended (the "Code"), as defined in Section 54.4975-7(b) of the Treasury Regulations (the "Regulations"), as described in Section 408(b)(3) of the Employee Retirement Income Security Act of 1974, as amended ("ERISA") and as described in Department of Labor Regulations Section 2550.408b-3 (collectively, the "Exempt Loan Rules").
Appears in 1 contract
Samples: Loan and Security Agreement (Massachusetts Fincorp Inc)
Amount and Terms. Subject to and upon the terms and conditions herein ---------------- set forth, the Lender agrees to lend amounts to the Borrower Borrower, (the "Loan") ), from time to time during the period of this agreement up to but not including the maturity date of of____________, 20__ in an aggregate principal amount (the "Loan Amount") sufficient to permit the Borrower to acquire a number of shares ("Shares") of common stock, par value $0.01 ("Common Stock") of Berkshire Hills Bancorp, Inc.________________, a Delaware corporation, and the Holding Company of the BankAssociation, equal to 8% of the Shares issued in connection with the conversion of the Bank Association from the mutual to stock form (the "Conversion") form, including the shares issued to ________________ the South Jersey Savings Charitable Foundation, a charitable foundation being established in connection with the conversion (the "Conversion"). The Loan is intended to be an "exempt loan" as described in Section 4975(d4975(d)(3) of the Internal Revenue Code of 1986, as amended (the "Code"), as defined in Section 54.4975-7(b) of the Treasury Regulations (the "Regulations"), as described in Section 408(b)(3) of the Employee Retirement Income Security Act of 1974, as amended ("ERISA") and as described in Department of Labor Regulations Section 2550.408b-3 (collectively, the "Exempt Loan Rules").
Appears in 1 contract
Samples: Funding Commitment Agreement (South Jersey Financial Corp Inc)