Common use of Amount of Severance Benefit Clause in Contracts

Amount of Severance Benefit. If the Employee becomes entitled to collect severance benefits pursuant to Section 2 hereof, the Bank shall pay the Employee a severance benefit equal to one-half times the Employee's base annual salary in effect when the Protected Period begins. In no event, however, will this amount exceed the difference between the Code ss. 280G Maximum and the sum of any other "parachute payments" as defined under Code ss. 280G(b)(2) that the Employee receives on account of the Change in Control. Said sum shall be paid in one lump sum within ten days of the later of the date of the Change in Control and the Employee's last day of employment with the Bank or the Company. In the event that the Employee and the Bank agree that the Employee has collected an amount exceeding the Code ss. 280G Maximum, the parties may jointly agree in writing that such excess shall be treated as a loan ab initio which the Employee shall repay to the Bank, on terms and conditions mutually agreeable to the parties, together with interest at the applicable federal rate provided for in Section 7872(f)(2)(B) of the Code.

Appears in 2 contracts

Samples: Change in Control Protective Agreement (East Ridge Bancshares Inc), Change in Control Protective Agreement (East Ridge Bancshares Inc)

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Amount of Severance Benefit. If the Employee becomes entitled to collect severance benefits pursuant to Section 2 12(a) hereof, the Bank shall Company shall: (i) pay the Employee a severance benefit equal to one-half times the Employee's base annual salary in effect when the Protected Period begins. In no event, however, will this amount exceed the difference between the Code ss. 280ss.280G Maximum and the sum of any other "parachute payments" as defined under Code ss. 280G(b)(2ss.280G(b)(2) that the Employee receives on account of the Change in Control, and (ii) honor the provisions of Section 10(h) of this Agreement. Said sum The amount payable under Section 12(b)(i) shall be paid in one lump sum within ten days of the later of the date of the Change in Control and the Employee's last day of employment with the Bank or the Company. In the event that the Employee Employee, the Bank, and the Bank Company jointly agree that the Employee has collected an amount exceeding the Code ss. 280ss.280G Maximum, the parties may jointly agree in writing that such excess shall be treated as a loan ab initio initio, which the Employee shall repay to the Company or Bank, on terms and conditions mutually agreeable to the parties, together with interest at the applicable federal rate provided for in Section 7872(f)(2)(B) of the Code.

Appears in 1 contract

Samples: Employment Agreement (Eagle Bancshares Inc)

Amount of Severance Benefit. If the Employee becomes entitled to collect severance benefits pursuant to Section 2 12(a) hereof, the Bank shall shall: (i) pay the Employee a severance benefit equal to one-half times the Employee's base annual salary in effect when the Protected Period begins. In no event, however, will this amount exceed the difference between the Code ss. 280G Maximum and the sum of any other "parachute payments" as defined under Code ss. 280G(b)(2) that the Employee receives on account of the Change in Control, and (ii) honor the provisions of Section 10(h) of this Agreement. Said sum The amount payable under Section 12(b)(i) shall be paid in one lump sum within ten days of the later of the date of the Change in Control and the Employee's last day of employment with the Bank or the Company. In the event that the Employee Employee, the Bank, and the Bank Company jointly agree that the Employee has collected an amount exceeding the Code ss. 280ss.280G Maximum, the parties may jointly agree in writing that such excess shall be treated as a loan ab initio initio, which the Employee shall repay to the Bank, on terms and conditions mutually agreeable to the parties, together with interest at the applicable federal rate provided for in Section 7872(f)(2)(B) of the Code.

Appears in 1 contract

Samples: Employment Agreement (Eagle Bancshares Inc)

Amount of Severance Benefit. If the Employee becomes entitled to collect severance benefits pursuant to Section 2 hereof, the Bank shall pay the Employee a severance benefit equal to one-half one times the Employee's base annual salary in effect when the Protected Period begins. In no event, however, will this amount exceed the difference between (i) the Code ss. 280ss.280G Maximum and (ii) the sum of any other "parachute payments" (as defined under Code ss. 280G(b)(2ss.280G(b)(2)) that the Employee receives on account of the Change in Control. Said sum shall be paid in one lump sum within ten (10) days of the later of the date of the Change in Control and the Employee's last day of employment with the Bank or the Company. In the event that the Employee and the Bank agree that the Employee has collected an amount exceeding the Code ss. 280ss.280G Maximum, the parties may jointly agree in writing that such excess shall be treated as a loan ab initio which the Employee shall repay to the Bank, on terms and conditions mutually agreeable to the parties, together with interest at the applicable federal rate provided for in Section 7872(f)(2)(B) of the Code.

Appears in 1 contract

Samples: Change in Control Protective Agreement (First South Bancorp Inc /Va/)

Amount of Severance Benefit. If the Employee becomes entitled to collect severance benefits pursuant to Section 2 hereof, the Bank shall pay the Employee a severance benefit equal to one-half ______ times the Employee's base annual salary in effect when the Protected Period begins. In no event, however, will this amount exceed the difference between the Code ss. 280(S)280G Maximum and the sum of any other "parachute payments" as defined under Code ss. 280G(b)(2(S)280G(b)(2) that the Employee receives on account of the Change in Control. Said sum shall be paid in one lump sum within ten (10) days of the later of the date of the Change in Control and the Employee's last day of employment with the Bank or the Company. In the event that the Employee and the Bank agree that the Employee has collected an amount exceeding the Code ss. 280(S)280G Maximum, the parties may jointly agree in writing that such excess shall be treated as a loan ab initio which the -- ------ Employee shall repay to the Bank, on terms and conditions mutually agreeable to the parties, together with interest at the applicable federal rate provided for in Section 7872(f)(2)(B) of the Code.

Appears in 1 contract

Samples: Change in Control Protective Agreement (Newsouth Bancorp Inc)

Amount of Severance Benefit. If the Employee becomes entitled to collect severance benefits pursuant to Section 2 hereof, the Bank shall pay the Employee a severance benefit equal to one-one and one half times the Employee's ’s base annual salary in effect when the Protected Period begins. In no event, however, will this amount exceed the difference between (i) the Code ss. §280G Maximum and (ii) the sum of any other "parachute payments" ” (as defined under Code ss. §280G(b)(2)) that the Employee receives on account of the Change in Control. Said sum shall be paid in one lump sum within ten (10) days of the later of the date of the Change in Control and the Employee's ’s last day of employment with the Bank or the Company. In the event that the Employee and the Bank agree that the Employee has collected an amount exceeding the Code ss. §280G Maximum, the parties may jointly agree in writing that such excess shall be treated as a loan ab initio which the Employee shall repay to the Bank, on terms and conditions mutually agreeable to the parties, together with interest at the applicable federal rate provided for in Section 7872(f)(2)(B) of the Code.

Appears in 1 contract

Samples: Change in Control Protective Agreement (First South Bancorp Inc /Va/)

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Amount of Severance Benefit. If the Employee becomes entitled to collect severance benefits pursuant to Section 2 hereof, the Bank shall pay the Employee a severance benefit equal to one-half 1.5 times the Employee's base annual salary in effect when the Protected Period begins. In no event, however, will this amount exceed the difference between (i) the Code ss. 280(S)280G Maximum and (ii) the sum of any other "parachute payments" (as defined under Code ss. 280G(b)(2(S)280G(b)(2)) that the Employee receives on account of the Change in Control. Said sum shall be paid in one lump sum within ten (10) days of the later of the date of the Change in Control and the Employee's last day of employment with the Bank or the Company. In the event that the Employee and the Bank agree that the Employee has collected an amount exceeding the Code ss. 280(S)280G Maximum, the parties may jointly agree in writing that such excess shall be treated as a loan ab initio which the -- ------ Employee shall repay to the Bank, on terms and conditions mutually agreeable to the parties, together with interest at the applicable federal rate provided for in Section 7872(f)(2)(B) of the Code.

Appears in 1 contract

Samples: Change in Control Protective Agreement (Newsouth Bancorp Inc)

Amount of Severance Benefit. If the Employee becomes entitled to collect severance benefits pursuant to Section 2 12(a) hereof, the Bank shall shall: (i) pay the Employee a severance benefit equal to one-half times the Employee's base annual salary in effect when the Protected Period begins. In no event, however, will this amount exceed the difference between the Code ss. 280ss.280G Maximum and the sum of any other "parachute payments" as defined under Code ss. 280G(b)(2ss.280G(b)(2) that the Employee receives on account of the Change in Control, and (ii) honor the provisions of Section 10(g) of this Agreement. Said sum The amount payable under Section 12(b)(i) shall be paid in one lump sum within ten days of the later of the date of the Change in Control and the Employee's last day of employment with the Bank or the Company. In the event that the Employee Employee, the Bank, and the Bank Company jointly agree that the Employee has collected an amount exceeding the Code ss. 280ss.280G Maximum, the parties may jointly agree in writing that such excess shall be treated as a loan ab initio initio, which the Employee shall repay to the Bank, on terms and conditions mutually agreeable to the parties, together with interest at the applicable federal rate provided for in Section 7872(f)(2)(B) of the Code.

Appears in 1 contract

Samples: Employment Agreement (Eagle Bancshares Inc)

Amount of Severance Benefit. If the Employee becomes entitled to collect severance benefits pursuant to Section 2 hereof, the Bank shall pay the Employee a severance benefit equal to one-half three times the Employee's base annual salary in effect when the Protected Period begins. In no event, however, will this amount exceed the difference between (i) the Code ss. 280ss.280G Maximum and (ii) the sum of any other "parachute payments" (as defined under Code ss. 280G(b)(2ss.280G(b)(2)) that the Employee receives on account of the Change in Control. Said sum shall be paid in one lump sum within ten (10) days of the later of the date of the Change in Control and the Employee's last day of employment with the Bank or the Company. In the event that the Employee and the Bank agree that the Employee has collected an amount exceeding the Code ss. 280ss.280G Maximum, the parties may jointly agree in writing that such excess shall be treated as a loan ab initio which the Employee shall repay to the Bank, on terms and conditions mutually agreeable to the parties, together with interest at the applicable federal rate provided for in Section 7872(f)(2)(B) of the Code.

Appears in 1 contract

Samples: Change in Control Protective Agreement (First South Bancorp Inc /Va/)

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