Common use of CHANGE IN CONTROL OF THE BANK Clause in Contracts

CHANGE IN CONTROL OF THE BANK. Subject to the limitations set forth in Sections 9 and 10, in the event of a “Change in Control” (as defined below) during the Term of Employment, and the Employee (i) is terminated by the Bank from his employment (except “for Cause” as defined in Section 4.2 above) during the one-year period after the Change in Control becomes effective; (ii) voluntarily resigns during the 90 day period following the Change in Control1; or (iii) resigns for Good Reason within 30 days after the effective date the event giving rise to Good Reason (provided that the resignation must also fall within the one-year period after the Change in Control becomes effective), then Employee shall be entitled to receive severance compensation in an amount equal to two hundred percent (200%) of his Base Salary then in effect and any other amounts owing to Employee at the time of such termination date, which shall be paid in a lump sum within fourteen (14) days following the date of termination or resignation. For purposes of this Section 5, “Change in Control” of the Bank shall mean the occurrence of any of the following events that does not also constitute a Non-Control Transaction:

Appears in 2 contracts

Samples: Employment Agreement (FGBC Bancshares, Inc.), Employment Agreement (FGBC Bancshares, Inc.)

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CHANGE IN CONTROL OF THE BANK. Subject to the limitations set forth in Sections 9 and 10, in the event of a “Change in Control” (as defined below) during the Term of Employment, and the Employee (i) is terminated by the Bank from his employment (except “for Cause” as defined in Section 4.2 above) during the one-year period after the Change in Control becomes effective; (ii) voluntarily resigns during the 90 day period following the Change in Control1Control; or (iii) resigns for Good Reason within 30 days after the effective date the event giving rise to Good Reason (provided that the resignation must also fall within the one-year period after the Change in Control becomes effective), then Employee shall be entitled to receive severance compensation in an amount equal to two hundred percent (200%) of his Base Salary then in effect and any other amounts owing to Employee at the time of such termination date, which shall be paid in a lump sum within fourteen (14) days following the date of termination or resignation. For purposes of this Section 5, “Change in Control” of the Bank shall mean the occurrence of any of the following events that does not also constitute a Non-Control Transaction:

Appears in 1 contract

Samples: Employment Agreement (FGBC Bancshares, Inc.)

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CHANGE IN CONTROL OF THE BANK. Subject to the limitations set forth in Sections 9 and 10, in the event of a “Change in Control” (as defined below) during the Term of Employment, and the Employee (i) is terminated by the Bank from his her employment (except “for Cause” as defined in Section 4.2 above) during the one-year period after the Change in Control becomes effective; (ii) voluntarily resigns during the 90 day period following the Change in Control1Control; or (iii) resigns for Good Reason within 30 days after the effective date the event giving rise to Good Reason (provided that the resignation must also fall within the one-year period after the Change in Control becomes effective), then Employee shall be entitled to receive severance compensation in an amount equal to two hundred percent (200%) of his her Base Salary then in effect and any other amounts owing to Employee at the time of such termination date, which shall be paid in a lump sum within fourteen (14) days following the date of termination or resignation. For purposes of this Section 5, “Change in Control” of the Bank shall mean the occurrence of any of the following events that does not also constitute a Non-Control Transaction:

Appears in 1 contract

Samples: Employment Agreement (FGBC Bancshares, Inc.)

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