Common use of Cessation of Payments and Repayment of Payments Clause in Contracts

Cessation of Payments and Repayment of Payments. The Executive acknowledges that all payments to be made in accordance with this Agreement while employed by First Security, and that all payments to be made in accordance with this Agreement upon termination of employment with First Security, are conditioned upon the Executive fulfilling the covenants contained in this Section. The Executive and First Security acknowledge that this Agreement would not have been entered into and the benefits described in Sections 4, 6 and 7 would not have been promised in the absence of the Executive’s promises under this Section. The Executive also acknowledges that First Security may require repayment of any payments made in accordance with Section 6 or 7 upon any violation by the Executive of the covenants contained in this Section and that First Security may cease any payments that are to be provided but have not been made prior to such violation; provided, however, that for purposes of this subsection (d)(i), the date as of which a violation of this Section shall be deemed to have occurred shall be the date determined by a court of equity or law.

Appears in 3 contracts

Samples: Employment Agreement (First Security Group Inc/Tn), Employment Agreement (First Security Group Inc/Tn), Employment Agreement (First Security Group Inc/Tn)

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Cessation of Payments and Repayment of Payments. The Executive acknowledges that all payments to be made in accordance with this Agreement while employed by First Security, and that all payments to be made in accordance with this Agreement upon termination of employment with First Security, are conditioned upon the Executive fulfilling the covenants contained in this SectionSection 4. The Executive and First Security acknowledge that this Agreement would not have been entered into and the benefits described in Sections 4, 6 and 7 Section 2 would not have been promised in the absence of the Executive’s promises under this SectionSection 4. The Executive also acknowledges that First Security may require repayment of any payments made in accordance with Section 6 or 7 2 upon any violation by the Executive of the covenants contained in this Section 4 and that First Security may cease any payments that are to be provided but have not been made prior to such violation; provided, however, that for purposes of this subsection (d)(ie)(i), the date as of which a violation of this Section 4 shall be deemed to have occurred shall be the date determined by a court of equity or law.

Appears in 1 contract

Samples: Change in Control Benefit Agreement (First Security Group Inc/Tn)

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Cessation of Payments and Repayment of Payments. The Executive acknowledges that all payments to be made in accordance with this Agreement while employed by First Security, and that all payments to be made in accordance with this Agreement upon termination of employment with First Security, are conditioned upon the Executive fulfilling the covenants contained in this Section. The Executive and First Security acknowledge that this Agreement would not have been entered into and the benefits described in Sections 4, 6 2 and 7 3 would not have been promised in the absence of the Executive’s promises under this Section. The Executive also acknowledges that First Security may require repayment of any payments made in accordance with Section 6 2 or 7 3 upon any violation by the Executive of the covenants contained in this Section 5 and that First Security may cease any payments that are to be provided but have not been made prior to such violation; provided, however, that for purposes of this subsection (d)(i), the date as of which a violation of this Section 5 shall be deemed to have occurred shall be the date determined by a court of equity or law.

Appears in 1 contract

Samples: Severance and Change in Control Agreement (First Security Group Inc/Tn)

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