Common use of Change in Control Related Provisions Clause in Contracts

Change in Control Related Provisions. Notwithstanding the provisions of Section 5, in no event shall the aggregate payments or benefits to be made or afforded to Executive under said paragraphs (the "Termination Benefits") constitute an "excess parachute payment" under Section 280G of the Internal Revenue Code of 1986, as amended, or any successor thereto, and in order to avoid such a result, Termination Benefits will be reduced, if necessary, to an amount (the "Non-Triggering Amount"), the value of which is one dollar ($1.00) less than an amount equal to three (3) times Executive's "base amount," as determined in accordance with said Section 280G. The allocation of the reduction required hereby among the Termination Benefits provided by Section 5 shall be determined by Executive.

Change in Control Related Provisions. Notwithstanding the provisions preceding paragraphs of Section 53, in no event shall the aggregate payments or benefits to be made or afforded to Executive under said paragraphs this Agreement (the "Termination Benefits") constitute an "excess parachute payment" under Section 280G of the Internal Revenue Code of 1986, as amended, or any successor thereto, and in order to avoid such a result, result the Termination Benefits will be reduced, if necessary, to an amount (the "Non-Triggering Amount"), the value of which is one dollar ($1.00) less than an amount equal to three (3) times Executive's "base amount," as determined in accordance with said Section 280G. The allocation of the any reduction required hereby among with respect to the Termination Benefits provided by Section 5 shall be determined by Executive.

Change in Control Related Provisions. Notwithstanding the provisions of Section 55 of this Agreement, in no event shall the aggregate payments or benefits to be made or afforded to Executive under said paragraphs Section 5 (the "Termination Benefits") constitute an "excess parachute payment" under Section 280G of the Internal Revenue Code of 1986, as amended, or any successor thereto, and in order to avoid such a result, Termination Benefits will be reduced, if necessary, to an amount (the "Non-Triggering Amount"), the value of which is one dollar ($1.00) less than an amount equal to three (3) times Executive's "base amount," as determined in accordance with said Section 280G. The allocation of the reduction required hereby among the Termination Benefits provided by Section 5 of this Agreement shall be determined by Executive.

Change in Control Related Provisions. Notwithstanding the provisions of Section 55 of this Agreement, in no event shall the aggregate payments or benefits to be made or afforded to Executive under said paragraphs Section 5 or otherwise paid or provided by the Holding Company in connection with a Change in Control (the "Termination Benefits") constitute an "excess parachute payment" under Section 280G of the Internal Revenue Code of 1986, as amended, or any successor thereto, and in order to avoid such a result, the Termination Benefits will be reduced, if necessary, to an amount (the "Non-Triggering Amount"), the value of which is one dollar ($1.00) less than an amount equal to three (3) times Executive's "base amount," as determined in accordance with said Section 280G. The allocation of the any reduction required hereby among with respect to the Termination Benefits provided by Section 5 shall be determined by Executive.

Change in Control Related Provisions. Notwithstanding the provisions paragraphs of Section Sections 5, in no event shall the aggregate payments or benefits to be made or afforded to Executive Executive, under said paragraphs (the "Termination Benefits") constitute an "excess parachute payment" under Section 280G of the Internal Revenue Code of 1986, as amended, or any successor thereto, and in order to avoid such a result, Termination Benefits will be reduced, if necessary, necessary to an amount (the "Non-Triggering Amount"), the value of which is one dollar ($1.00) less than an amount equal to three (3) times Executive's "base amount," ", as determined in accordance with said Section 280G. The allocation of the reduction required hereby among the Termination Benefits provided by the paragraphs of Section 5 shall be determined by the Executive.

Change in Control Related Provisions. (a) Notwithstanding the preceding provisions of Section 55 of this Agreement, in no event shall the aggregate payments or benefits to be made or afforded to Executive under said paragraphs (the "Termination Benefits") constitute an "excess parachute payment" under Section 280G of the Internal Revenue Code of 1986, as amended, or any successor thereto, and in order to avoid such a result, Termination Benefits will be reduced, if necessary, to an amount (the "Non-Non- Triggering Amount"), the value of which is one dollar ($1.00) less than an amount equal to three (3) times the Executive's "base amount," as determined in accordance with said Section 280G. The allocation of the reduction required hereby among the Termination Benefits provided by Section 5 shall be determined by the Executive.

Change in Control Related Provisions. Notwithstanding the provisions of Section 5Article 6, in no event shall the aggregate payments or benefits to be made or afforded to Executive under said paragraphs Article (the "Termination Benefits") constitute an "excess parachute payment" under Section 280G of the Internal Revenue Code of 1986, as amended, or any successor thereto, and in order to avoid such a result, Termination Benefits will be reduced, if necessary, to an amount (the "Non-Triggering Amount"), the value of which is one dollar ($1.00) less than an amount equal to three (3) times Executive's "base amount," as determined in accordance with said Section 280G. The allocation of the reduction required hereby among the Termination Benefits provided by Section 5 Article 6 shall be determined by Executive.

Change in Control Related Provisions. Notwithstanding the provisions preceding paragraphs of Section 53, in no event shall the aggregate payments or benefits to be made or afforded to Executive under said paragraphs this Agreement (the "“Termination Benefits"”) constitute an "“excess parachute payment" ” under Section 280G of the Internal Revenue Code of 1986, as amended, or any successor thereto, and in order to avoid such a result, result the Termination Benefits will be reduced, if necessary, to an amount (the "“Non-Triggering Amount"”), the value of which is one dollar ($1.00) less than an amount equal to three (3) times Executive's "’s “base amount," ” as determined in accordance with said Section 280G. The allocation of the any reduction required hereby among with respect to the Termination Benefits provided by Section 5 shall be determined by Executive.

Change in Control Related Provisions. Notwithstanding the provisions of Section 55 of this Agreement, in no event shall the aggregate payments or benefits to be made or afforded to Executive under said paragraphs or otherwise paid or provided by the Bank in connection with a Change in Control (the "Termination Benefits") constitute an "excess parachute payment" under Section 280G of the Internal Revenue Code of 1986, as amended, or any successor thereto, and in order to avoid such a result, the Termination Benefits will be reduced, if necessary, to an amount (the "Non-Triggering Amount"), the value of which is one dollar ($1.00) less than an amount equal to three (3) times Executive's "base amount," as determined in accordance with said Section 280G. The allocation of the any reduction required hereby among with respect to the Termination Benefits provided by Section 5 shall be determined by Executive.

Change in Control Related Provisions. Notwithstanding the provisions of Section 5, in no event shall the aggregate payments or benefits to be made or afforded to Executive under said paragraphs by the Bank (the "“Termination Benefits"”) constitute an "“excess parachute payment" ” under Section 280G of the Internal Revenue Code of 1986, as amended, 1986 or any successor thereto, and in order to avoid such a result, Termination Benefits will be reduced, if necessary, to an amount (the "“Non-Triggering Amount"”), the value of which is one dollar ($1.00) less than an amount equal to three (3) times Executive's "’s “base amount," ”, as determined in accordance with said Section 280G. The allocation of the reduction required hereby among the Termination Benefits provided by Section 5 shall be determined by Executive.