Common use of Change in Form or Timing of Distributions Clause in Contracts

Change in Form or Timing of Distributions. For distribution of benefits under this Article 2, the Executive and the Bank may, subject to the terms of Section 8.1, amend this Agreement to delay the timing or change the form of distributions. Any such amendment: (a) may not accelerate the time or schedule of any distribution, except as provided in Code Section 409A; (b) must, for benefits distributable under Sections 2.1, 2.2 and 2.4, delay the commencement of distributions for a minimum of five (5) years from the date the first distribution was originally scheduled to be made; and (c) must take effect not less than twelve (12) months after the amendment is made.

Appears in 12 contracts

Samples: Salary Continuation Agreement (Bank of the James Financial Group Inc), Supplemental Executive Retirement Agreement (SBT Bancorp, Inc.), Supplemental Executive Retirement Agreement (SBT Bancorp, Inc.)

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Change in Form or Timing of Distributions. For distribution of benefits under this Article 2, the Executive and the Bank may, subject to the terms of Section 8.1, amend this Agreement to delay the timing or change the form of distributions. Any such amendment: (a) may not accelerate the time or schedule of any distribution, except as provided in Code Section 409A; (b) must, for benefits distributable under Section 2.4, be made at least twelve (12) months prior to the first scheduled distribution; (c) must, for benefits distributable under Sections 2.1, 2.2 2.2, 2.3 and 2.4, delay the commencement of distributions for a minimum of five (5) years from the date the first distribution was originally scheduled to be made; and (cd) must take effect not less than twelve (12) months after the amendment is made.

Appears in 9 contracts

Samples: Salary Continuation Agreement (Bank of Commerce Holdings), Salary Continuation Agreement (Bank of Commerce Holdings), Salary Continuation Agreement (Bank of Commerce Holdings)

Change in Form or Timing of Distributions. For distribution of benefits under this Article 23, the Executive Participant and the Bank may, subject to the terms of Section 8.19.1, amend this Agreement to delay the timing or change the form of distributions. Any such amendment: (a) may not accelerate the time or schedule of any distribution, except as provided in Code Section 409A; (b) must, for benefits distributable under Sections 2.13.1, 2.2 3.2 and 2.43.4, delay the commencement of distributions for a minimum of five (5) years from the date the first distribution was originally scheduled to be made; and (c) must take effect not less than twelve (12) months after the amendment is made.

Appears in 9 contracts

Samples: Performance Driven Plan (First Ulb Corp.), Performance Driven Plan (First Ulb Corp.), Performance Driven Plan (First Ulb Corp.)

Change in Form or Timing of Distributions. For distribution of benefits under this Article 2, the Executive and the Bank may, subject to the terms of Section 8.1, amend this Agreement to delay the timing or change the form of distributions. Any such amendment: (a) may not accelerate the time or schedule of any distribution, except as provided in Code Section 409A; (b) must, for benefits distributable under Sections 2.2 and 2.3, be made at least twelve (12) months prior to the first scheduled distribution; (c) must, for benefits distributable under Sections 2.1, 2.2 and 2.4, delay the commencement of distributions for a minimum of five (5) years from the date the first distribution was originally scheduled to be made; and (cd) must take effect not less than twelve (12) months after the amendment is made.

Appears in 7 contracts

Samples: Salary Continuation Agreement (Bank of Marin Bancorp), Salary Continuation Agreement (Bank of Marin Bancorp), Salary Continuation Agreement (Bank of Marin Bancorp)

Change in Form or Timing of Distributions. For distribution of benefits under this Article 2, the Executive and the Bank may, subject to the terms of Section 8.1, amend this Agreement to delay the timing or change the form of distributions. Any such amendment: (a) may not accelerate the time or schedule of any distribution, except as provided in Code Section 409A; (b) must, for benefits distributable under Sections 2.1 and 2.2, be made at least twelve (12) months prior to the first scheduled distribution; (c) must, for benefits distributable under Sections 2.1, 2.2 and 2.4, delay the commencement of distributions for a minimum of five (5) years from the date the first distribution was originally scheduled to be made; and (cd) must take effect not less than twelve (12) months after the amendment is made.

Appears in 7 contracts

Samples: Salary Continuation Agreement (Home Bancorp, Inc.), Salary Continuation Agreement (Home Bancorp, Inc.), Salary Continuation Agreement (Home Bancorp, Inc.)

Change in Form or Timing of Distributions. For distribution of benefits under this Article 2, the Executive and the Bank may, subject to the terms of Section 8.17.1, amend this Agreement to delay the timing or change the form of distributions. Any such amendment: amendment (a) may not accelerate the time or schedule of any distribution, except as provided in Code Section 409A; ; (b) must, for benefits distributable under Section 2.2 be made at least twelve (12) months prior to the first scheduled distribution; (c) must, for benefits distributable under Sections 2.1, 2.2 2.2, and 2.4, delay the commencement of distributions for a minimum of five (5) years from the date the first distribution was originally scheduled to be made; and and (cd) must take effect not less than twelve (12) months after the amendment is made.

Appears in 7 contracts

Samples: Supplemental Executive Retirement Plan Agreement (Mid Penn Bancorp Inc), Supplemental Executive Retirement Plan Agreement (Mid Penn Bancorp Inc), Supplemental Executive Retirement Plan Agreement (Mid Penn Bancorp Inc)

Change in Form or Timing of Distributions. For distribution of benefits under this Article 2, the Executive Director and the Bank Company may, subject to the terms of Section 8.1, amend this the Agreement to delay the timing or change the form of distributions. Any such amendment: (a) may not accelerate the time or schedule of any distribution, except as provided in Section 409A of the Code Section 409Aand the regulations there under; (b) must, for benefits distributable under Sections 2.1, 2.2 and 2.42.3, delay the commencement of distributions for a minimum of five (5) years from the date the first distribution was originally scheduled to be made; and (c) must take effect not less than twelve (12) months after the amendment is made.

Appears in 6 contracts

Samples: Director Retirement Agreement (Plumas Bancorp), Director Retirement Agreement (Plumas Bancorp), Director Retirement Agreement (Plumas Bancorp)

Change in Form or Timing of Distributions. For distribution distributions of benefits under this Article 2, the Executive and the Bank may, subject to the terms of Section 8.1, amend this the Agreement to delay the timing or change the form of distributions. Any such amendment: (a) may not accelerate the time or schedule of any distribution, except as provided in Section 409A of the Code Section 409Aand the Regulations thereunder; (b) must, for benefits distributable under Sections 2.1, 2.2 and 2.4, must be made at least twelve (12) months prior to the first scheduled distribution; (c) must delay the commencement of distributions for a minimum of five (5) years from the date the first distribution was originally scheduled to be made; and (cd) must take effect not less than twelve (12) months after the amendment is made.

Appears in 6 contracts

Samples: Salary Continuation Agreement (Ottawa Savings Bancorp, Inc.), Salary Continuation Agreement (Ottawa Savings Bancorp, Inc.), Salary Continuation Agreement (Ottawa Savings Bancorp, Inc.)

Change in Form or Timing of Distributions. For distribution of benefits under this Article 24, the Executive and the Bank may, subject to the terms of Section 8.110.1, amend this Agreement to delay the timing or change the form of distributions. Any such amendment: (a) may not accelerate the time or schedule of any distribution, except as provided in Code Section 409A; (b) must, for benefits distributable under Section 4.2, be made at least twelve (12) months prior to the first scheduled distribution; (c) must, for benefits distributable under Sections 2.14.1, 2.2 4.2 and 2.44.3, delay the commencement of distributions for a minimum of five (5) years from the date the first distribution was originally scheduled to be made; and (cd) must take effect not less than twelve (12) months after the amendment is made.

Appears in 6 contracts

Samples: Deferred Compensation Agreement (Tower Bancorp Inc), Deferred Compensation Agreement (Tower Bancorp Inc), Deferred Compensation Agreement (Tower Bancorp Inc)

Change in Form or Timing of Distributions. For distribution of benefits under this Article 2, the Executive and the Bank may, subject to the terms of Section 8.1, amend this the Agreement to delay the timing or change the form of distributions. Any such amendment: (a) may not accelerate the time or schedule of any distribution, except as provided in Code Section 409A409A and the regulations thereunder; (b) must, for benefits distributable under Sections 2.1, 2.2 and 2.4, must be made at least twelve (12) months prior to the first scheduled distribution; (c) must delay the commencement of distributions for a minimum of five (5) years from the date the first distribution was originally scheduled to be made; and (cd) must take effect not less than twelve (12) months after the amendment is made.

Appears in 4 contracts

Samples: Supplemental Executive Retirement Plan Agreement (Athens Bancshares Corp), Supplemental Executive Retirement Plan Agreement (Athens Bancshares Corp), Supplemental Executive Retirement Plan Agreement (Athens Bancshares Corp)

Change in Form or Timing of Distributions. For distribution of benefits under this Article 2, the Executive and the Bank Company may, subject to the terms of Section 8.1, amend this the Agreement to delay the timing or change the form of distributions. Any such amendment: (a) may not accelerate the time or schedule of any distribution, except as provided in Section 409A of the Code Section 409Aand the Regulations thereunder; (b) must, for benefits distributable under Sections 2.1, 2.2 and 2.4, must be made at least twelve (12) months prior to the first scheduled distribution; (c) must delay the commencement of distributions for a minimum of five (5) years from the date the first distribution was originally scheduled to be made; and (cd) must not take effect not less than twelve (12) months after the amendment is made.

Appears in 4 contracts

Samples: Salary Continuation Agreement (Community Financial Corp /Md/), Salary Continuation Agreement (Community Financial Corp /Md/), Salary Continuation Agreement (Community Financial Corp /Md/)

Change in Form or Timing of Distributions. For distribution of benefits under this Article 2, the Executive and the Bank may, subject to the terms of Section 8.1, amend this the Agreement to delay the timing or change the form of distributions. Any such amendment: (a) may not accelerate the time or schedule of any distribution, except as provided in Section 409A of the Code Section 409Aand the regulations thereunder; (b) must, for benefits distributable under Sections 2.1, 2.2 2.2, 2.3, and 2.4, 2.4 delay the commencement of distributions for a minimum of five (5) years from the date the first distribution was originally scheduled to be made; and (c) must take effect not less than twelve (12) months after the amendment is made.

Appears in 4 contracts

Samples: Salary Continuation Agreement (Orrstown Financial Services Inc), Salary Continuation Agreement (Orrstown Financial Services Inc), Salary Continuation Agreement (Orrstown Financial Services Inc)

Change in Form or Timing of Distributions. For distribution of benefits under this Article 2, the Executive and the Bank may, subject to the terms of Section 8.1, amend this Agreement to delay the timing or change the form of distributions. Any such amendment: (a) may not accelerate the time or schedule of any distribution, except as provided in Code Section 409A; (b) must, for benefits distributable under Sections 2.1, 2.2 and 2.42.3, delay the commencement of distributions for a minimum of five (5) years from the date the first distribution was originally scheduled to be made; and (c) must take effect not less than twelve (12) months after the amendment is made.

Appears in 3 contracts

Samples: Salary Continuation Agreement (Mutualfirst Financial Inc), Supplemental Employee Retirement Plan (Cascade Bancorp), Supplemental Employee Retirement Plan (Cascade Bancorp)

Change in Form or Timing of Distributions. For distribution of benefits under this Article 2, the Executive Director and the Bank may, subject to the terms of Section 8.1, amend this the Agreement to delay the timing or change the form of distributions. Any such amendment: (a) may not accelerate the time or schedule of any distribution, except as provided in Section 409A of the Code Section 409Aand the regulations thereunder; (b) must, for benefits distributable under Sections 2.1, 2.2 2.2, 2.3 and 2.4, delay the commencement of distributions for a minimum of five (5) years from the date the first distribution was originally scheduled to be made; and (c) must take effect not less than twelve (12) months after the amendment is made.

Appears in 3 contracts

Samples: Director Retirement Agreement (Mercer Bancorp, Inc.), Director Retirement Agreement (Mercer Bancorp, Inc.), Director Retirement Agreement (Mercer Bancorp, Inc.)

Change in Form or Timing of Distributions. For distribution of benefits under this Article 2, the Executive Director and the Bank may, subject to the terms of Section 8.1, amend this Agreement to delay the timing or change the form of distributions. Any such amendment: (a) may not accelerate the time or schedule of any distribution, except as provided in Code Section 409A; (b) must, for benefits distributable under Sections 2.1, 2.2 2.2, 2.3 and 2.4, delay the commencement of distributions for a minimum of five (5) years from the date the first distribution was originally scheduled to be made; and (c) must take effect not less than twelve (12) months after the amendment is made.. Rhinebeck Savings Bank New Director Fee Continuation Plan Agreement

Appears in 3 contracts

Samples: New Director Fee Continuation Plan Agreement (Rhinebeck Bancorp, Inc.), New Director Fee Continuation Plan Agreement (Rhinebeck Bancorp, Inc.), New Director Fee Continuation Plan Agreement (Rhinebeck Bancorp, Inc.)

Change in Form or Timing of Distributions. For distribution of benefits under this Article 2, the Executive and the Bank may, subject to the terms of Section 8.1, amend this the Agreement to delay the timing or change the form of distributions. Any such amendment: (a) may not accelerate the time or schedule of any distribution, except as provided in Section 409A of the Code Section 409Aand the regulations thereunder; (b) must, for benefits distributable under Sections 2.1, 2.2 and 2.4Article 2, delay the commencement of distributions for a minimum of five (5) years from the date the first distribution was originally scheduled to be made; and (c) must take effect not less than twelve (12) months after the amendment is madeexecuted.

Appears in 3 contracts

Samples: Salary Continuation Agreement (Old Line Bancshares Inc), Salary Continuation Agreement (Old Line Bancshares Inc), Salary Continuation Agreement (Old Line Bancshares Inc)

Change in Form or Timing of Distributions. For distribution of benefits under this Article 2, the Executive and the Bank may, subject to the terms of Section 8.1, amend this Agreement to delay the timing or change the form of distributions. Any such amendment: (a) may not accelerate the time or schedule of any distribution, except as provided in Code Section 409A; (b) must, for benefits distributable under Sections 2.1, 2.2 2.2, 2.3 and 2.42.5, delay the commencement of distributions for a minimum of five (5) years from the date the first distribution was originally scheduled to be made; and (c) must take effect not less than twelve (12) months after the amendment is made.

Appears in 2 contracts

Samples: Supplemental Employee Retirement Plan (Cascade Bancorp), Salary Continuation Agreement (River Valley Bancorp)

Change in Form or Timing of Distributions. For distribution of benefits under this Article 2, the Executive and the Bank may, subject to the terms of Section 8.1, amend this the Agreement to delay the timing or change the form of distributions. Any such amendment: (a) may not accelerate the time or schedule of any distribution, except as provided in Section 409A of the Code Section 409Aand the regulations thereunder; (b) must, for benefits distributable under Sections 2.1, 2.2 2.2, 2.3 and 2.42.5, delay the commencement of distributions for a minimum of five (5) years from the date the first distribution was originally scheduled to be made; and (c) must take effect not less than twelve (12) months after the amendment is made.

Appears in 2 contracts

Samples: Salary Continuation Agreement (Broadway Financial Corp \De\), Salary Continuation Agreement (Broadway Financial Corp \De\)

Change in Form or Timing of Distributions. For distribution of benefits under this Article 2, the Executive and the Bank Company may, subject to the terms of Section 8.1, amend this the Agreement to delay the timing or change the form of distributions. Any such amendment: (a) may not accelerate the time or schedule of any distribution, except as provided in Section 409A of the Code Section 409Aand the regulations thereunder; (b) must, for benefits distributable under Sections 2.1, 2.2 and 2.4, must be made at least twelve (12) months prior to any scheduled distribution; (c) must delay the commencement of any distributions for a minimum of five (5) years from the date the first distribution was originally scheduled to be made; and (cd) must not take effect not less than twelve (12) months after the amendment is made.

Appears in 2 contracts

Samples: Salary Continuation Agreement (Community Financial Corp /Md/), Salary Continuation Agreement (Community Financial Corp /Md/)

Change in Form or Timing of Distributions. For distribution of benefits under this Article 2, the Executive Director and the Bank may, subject to the terms of Section 8.1, amend this Agreement to delay the timing or change the form of distributions. Any such amendment: (a) may not accelerate the time or schedule of any distribution, except as provided in Code Section 409A; (b) must, for benefits distributable under Sections 2.1, 2.2 and 2.42.3, delay the commencement of distributions for a minimum of five (5) years from the date the first distribution was originally scheduled to be made; and (c) must take effect not less than twelve (12) months after the amendment is made.. Ameriana Bank, SB Supplemental Retirement Plan

Appears in 2 contracts

Samples: Supplemental Retirement Plan (Ameriana Bancorp), Supplemental Retirement Plan (Ameriana Bancorp)

Change in Form or Timing of Distributions. For distribution of benefits under this Article 2, the Executive and the Bank may, subject to the terms of Section 8.1, amend this Agreement to delay the timing or change the form of distributions. Any such amendment: (a) may not accelerate the time or schedule of any distribution, except as provided in Code Section 409A; (b) must, for benefits distributable under Sections 2.1, 2.2 2.2, 2.3 and 2.4, delay the commencement of distributions for a minimum of five (5) years from the date the first distribution was originally scheduled to be made; and (c) must take effect not less than twelve (12) months after the amendment is made.

Appears in 2 contracts

Samples: Supplemental Executive Retirement Plan Agreement (Lake Shore Bancorp, Inc.), Salary Continuation Agreement (Camco Financial Corp)

Change in Form or Timing of Distributions. For distribution of benefits under this Article 2, the Executive and the Bank may, subject to the terms of Section 8.1, amend this Agreement to delay the timing or change All changes in the form or timing of distributionsdistributions hereunder must comply with the following requirements. Any such amendmentThe changes: (a) may not accelerate the time or schedule of any distribution, except as provided in Code Section 409A409A and the regulations thereunder; (b) must, for benefits distributable under Section 2.2 be made at least twelve (12) months prior to the first scheduled distribution; (c) must, for benefits distributable under Sections 2.1, 2.2 and 2.4, 2.5 delay the commencement of distributions for a minimum of five (5) years from the date the first distribution was originally scheduled to be made; and (cd) must take effect not less than twelve (12) months after the amendment is made.

Appears in 2 contracts

Samples: Salary Continuation Agreement (First Keystone Corp), Salary Continuation Agreement (First Keystone Corp)

Change in Form or Timing of Distributions. For distribution of benefits under this Article 24, the Executive and the Bank may, subject to the terms of Section 8.110.1, amend this Agreement to delay the timing or change the form of distributions. Any such amendment: (a) may not accelerate the time or schedule of any distribution, except as provided in Code Section 409A; (b) must, for benefits distributable under Sections 2.14.1, 2.2 4.2 and 2.44.4, delay the commencement of distributions for a minimum of five (5) years from the date the first distribution was originally scheduled to be made; and (c) must take effect not less than twelve (12) months after the amendment is made.

Appears in 2 contracts

Samples: Deferred Compensation Agreement (Bancorp 34, Inc.), Executive Deferred Compensation Agreement (Riverview Financial Corp)

Change in Form or Timing of Distributions. For distribution of benefits under this Article 24, the Executive Employee and the Bank may, subject to the terms of Section 8.110.1, amend this Agreement to delay the timing or change the form of distributions. Any such amendment: (a) may not accelerate the time or schedule of any distribution, except as provided in Code Section 409A; (b) must, for benefits distributable under Sections 2.14.1, 2.2 4.2, 4.3 and 2.44.5, delay the commencement of distributions for a minimum of five (5) years from the date the first distribution was originally scheduled to be made; and (c) must take effect not less than twelve (12) months after the amendment is made.

Appears in 2 contracts

Samples: Deferred Bonus Agreement (Cascade Bancorp), Deferred Bonus Agreement (Cascade Bancorp)

Change in Form or Timing of Distributions. For distribution of benefits under this Article 24, the Executive and the Bank may, subject to the terms of Section 8.110.1, amend this Agreement to delay the timing or change the form of distributions. Any such amendment: (a) may not accelerate the time or schedule of any distribution, except as provided in Code Section 409A; (b) must, for benefits distributable under Sections 2.14.1, 2.2 4.2 and 2.44.4, delay the commencement of distributions for a minimum of five (5) years from the date the first distribution was originally scheduled to be made; and (c) must take effect not less than twelve (12) months after the amendment is made.. BANK’34 Deferred Compensation Agreement

Appears in 1 contract

Samples: Deferred Compensation Agreement (Alamogordo Financial Corp)

Change in Form or Timing of Distributions. For distribution of benefits under this Article 2, the Executive and the Bank Company may, subject to the terms of Section 8.19.1, amend this the Agreement to delay the timing or change the form of distributions. Any such amendment: (a) may not accelerate the time or schedule of any distribution, except as provided in section 409A of the Code Section 409Aand the regulations thereunder; (b) must, for benefits distributable under Sections 2.1, 2.2 2.2, 2.3, 2.4 and 2.42.5, delay the commencement of distributions for a minimum of five (5) years from the date the first distribution was originally scheduled to be made; and (c) must take effect not less than twelve (12) months after the amendment is made.

Appears in 1 contract

Samples: Supplemental Executive Retirement Agreement (Midwest Banc Holdings Inc)

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Change in Form or Timing of Distributions. For distribution of benefits under this Article 2, the Executive and the Bank may, subject to the terms of Section 8.1, amend this Agreement to delay the timing or change the form of distributions. Any such amendment: (a) may not accelerate the time or schedule of any distribution, except as provided in Code Section 409A; (b) must, for benefits distributable under Sections 2.1, 2.2 2.2, 2.3 and 2.4, delay the commencement of distributions for a minimum of five (5) years from the date the first distribution was originally scheduled to be made; andand Fairport Savings Bank Supplemental Executive Retirement Agreement (c) must take effect not less than twelve (12) months after the amendment is made.

Appears in 1 contract

Samples: Supplemental Executive Retirement Agreement (FSB Community Bankshares Inc)

Change in Form or Timing of Distributions. For distribution of benefits under this Article 2, the Executive and the Bank may, subject to the terms of Section 8.1, amend this the Agreement to delay the timing or change the form of distributions. Any such amendment: (a) may not accelerate the time or schedule of any distribution, except as provided in Section 409A of the Code Section 409Aand the regulations thereunder; (b) must, for benefits distributable under Sections 2.1, 2.2 2.2, 2.3 and 2.4, delay the commencement of distributions for a minimum of five (5) years from the date the first distribution was originally scheduled to be made; and (c) must take effect not less than twelve (12) months after the amendment is made.

Appears in 1 contract

Samples: Salary Continuation Agreement (County Bancorp, Inc.)

Change in Form or Timing of Distributions. For distribution of benefits under this Article 2, the Executive and the Bank may, subject to the terms of Section 8.1, amend this Agreement to delay the timing or change the form of distributions. Any such amendment: (a) may not accelerate the time or schedule of any distribution, except as provided in Code Section 409A; ; (b) must, for benefits distributable under Sections 2.1, 2.2 and 2.4, delay the commencement of distributions for a minimum of five (5) years from the date the first distribution was originally scheduled to be made; and and (c) must take effect not less than twelve (12) months after the amendment is made.

Appears in 1 contract

Samples: Salary Continuation Agreement (MFB Corp)

Change in Form or Timing of Distributions. For distribution of benefits under this Article 2, the Executive Director and the Bank may, subject to the terms of Section 8.1, amend this Agreement to delay the timing or change the form of distributions. Any such amendment: (a) may not accelerate the time or schedule of any distribution, except as provided in Code Section 409A; (b) must, for benefits distributable under Sections 2.1, 2.2 2.2, 2.3 and 2.4, delay the commencement of distributions for a minimum of five (5) years from the date the first distribution was originally scheduled to be made; and (c) must take effect not less than twelve (12) months after the amendment is made.. New Director Fee Continuation Plan Agreement

Appears in 1 contract

Samples: New Director Fee Continuation Plan Agreement (Rhinebeck Bancorp, Inc.)

Change in Form or Timing of Distributions. For distribution of benefits under this Article 2, the Executive Director and the Bank may, subject to the terms of Section 8.17.1, amend this the Agreement to delay the timing or change the form of distributions. Any such amendment: (a) may not accelerate the time or schedule of any distribution, except as provided in Section 409A of the Code Section 409Aand the regulations thereunder; (b) must, for benefits distributable under Sections 2.1, 2.2 2.2, 2.3 and 2.4, delay the commencement of distributions for a minimum of five (5) years from the date the first distribution was originally scheduled to be made; and (c) must take effect not less than twelve (12) months after the amendment is made.

Appears in 1 contract

Samples: Director Retirement Agreement (Central Valley Community Bancorp)

Change in Form or Timing of Distributions. For distribution of benefits under this Article 2, the Executive and the Bank may, subject to the terms of Section 8.1, amend this Agreement to delay the timing or change the form of distributions. Any such amendment: (a) may not accelerate the time or schedule of any distribution, except as provided in Code Section 409A; (b) must, for benefits distributable under Sections 2.1, 2.2 2.2, 2.3 and 2.4, delay the commencement of distributions for a minimum of five (5) years from the date the first distribution was originally scheduled to be made; and (c) must take effect not less than twelve (12) months after the amendment is made.Supplemental Executive Retirement Agreement

Appears in 1 contract

Samples: Supplemental Executive Retirement Agreement (FSB Bancorp, Inc.)

Change in Form or Timing of Distributions. For distribution of benefits under this Article 23, the Executive and the Bank Company may, subject to the terms of Section 8.19.1, amend this Agreement to delay the timing or change the form of distributions. Any such amendment: (a) may not accelerate the time or schedule of any distribution, except as provided in Code Section 409A; (b) must, for benefits distributable under Sections 2.13.1, 2.2 3.2 and 2.43.4, delay the commencement of distributions for a minimum of five (5) years from the date the first distribution was originally scheduled to be made; and (c) must take effect not less than twelve (12) months after the amendment is made.

Appears in 1 contract

Samples: Executive Deferred Compensation Agreement (Centerstate Banks of Florida Inc)

Change in Form or Timing of Distributions. For distribution of benefits under this Article 2, the Executive and the Bank Company may, subject to the terms of Section 8.17.1, amend this the Agreement to delay the timing or change the form of distributions. Any such amendment: (a) may not accelerate the time or schedule of any distribution, except as provided in Code Section 409A409A and the regulations thereunder; (b) must, for benefits distributable under Sections 2.1, 2.2 2.3, 2.4 and 2.42.5, delay the commencement of distributions for a minimum of five (5) years from the date the first distribution was originally scheduled to be made; and (c) must take effect not less than twelve (12) months after the amendment is made.. BANK OF THE SIERRA Salary Continuation Agreement

Appears in 1 contract

Samples: Salary Continuation Agreement (Sierra Bancorp)

Change in Form or Timing of Distributions. For distribution of benefits under this Article 2, the Executive and the Bank may, subject to the terms of Section 8.1, amend this Agreement to delay the timing or change the form of distributions. Any such amendment: (a) may not accelerate the time or schedule of any distribution, except as provided in Code Section 409A; (b) must, for benefits distributable under Sections 2.1, 2.2 and 2.2, 2.3 2.4, and 2.5 delay the commencement of distributions for a minimum of five (5) years from the date the first distribution was originally scheduled to be made; and (c) must take effect not less than twelve (12) months after the amendment is made.

Appears in 1 contract

Samples: Supplemental Executive Retirement Agreement (Farmers & Merchants Bancshares, Inc.)

Change in Form or Timing of Distributions. For distribution of benefits under this Article 2, the Executive and the Bank may, subject to the terms of Section 8.1, amend this Agreement to delay the timing or change the form of distributions. Any such amendmentamendment shall be subject to approval by the Bank in its sole and absolute discretion and: (a) may not accelerate the time or schedule of any distribution, except as provided in Code Section 409A; (b) must, except for benefits distributable under Sections 2.1Section 2.3, 2.2 and 2.4, must delay the commencement of distributions for a minimum of five (5) years from the date the first distribution was originally scheduled to be made; and (c) must take effect not less than twelve (12) months after the amendment is made.

Appears in 1 contract

Samples: Supplemental Executive Retirement Plan Agreement (Penseco Financial Services Corp)

Change in Form or Timing of Distributions. For distribution of benefits under this Article 2, the Executive and the Bank may, subject to the terms of Section 8.1, amend this Agreement to delay the timing or change the form of distributions. Any such amendment:Agreement (a) may not accelerate the time or schedule of any distribution, except as provided in Code Section 409A; (b) must, for benefits distributable under Section 2.4, be made at least twelve (12) months prior to the first scheduled distribution; (c) must, for benefits distributable under Sections 2.1, 2.2 and 2.2, 2.3, 2.4, delay the commencement of distributions for a minimum of five (5) years from the date the first distribution was originally scheduled to be made; and (cd) must take effect not less than twelve (12) months after the amendment is made.

Appears in 1 contract

Samples: Salary Continuation Agreement (Bank of Commerce Holdings)

Change in Form or Timing of Distributions. For distribution of benefits under this Article 24, the Executive Employee and the Bank may, subject to the terms of Section 8.110.1, amend this Agreement to delay the timing or change the form of distributions. Any such amendment: (a) may not accelerate the time or schedule of any distribution, except as provided in Code Section 409A; (b) must, for benefits distributable under Sections 2.14.1, 2.2 4.2 and 2.44.4, delay the commencement of distributions for a minimum of five (5) years from the date the first distribution was originally scheduled to be made; and (c) must take effect not less than twelve (12) months after the amendment is made.

Appears in 1 contract

Samples: Deferred Compensation Agreement (Cascade Bancorp)

Change in Form or Timing of Distributions. For distribution of benefits under this Article 24, the Executive and the Bank may, subject to the terms of Section 8.1, may amend this Agreement to delay the timing or change the form of distributions. Any such amendment: (a) may not accelerate the time or schedule of any distribution, except as provided in Code Section 409A; (b) must, for benefits distributable under Sections 2.1, 2.2 4.1 and 2.44.2, delay the commencement of distributions for a minimum of five (5) years from the date the first distribution was originally scheduled to be made; and (c) must take effect not less than twelve (12) months after the amendment is made.

Appears in 1 contract

Samples: Executive Deferred Compensation Agreement (CBTX, Inc.)

Change in Form or Timing of Distributions. For distribution of benefits under this Article 2, the Executive Director and the Bank Company may, subject to the terms of Section 8.1, amend this the Agreement to delay the timing or change the form of distributions. Any such amendment: (a) may not accelerate the time or schedule of any distribution, except as provided in Code Section 409A409A and the regulations thereunder; (b) must, for benefits distributable under Sections 2.1, 2.2 2.2, 2.3 and 2.4, delay the commencement of distributions for a minimum of five (5) years from the date the first distribution was originally scheduled to be made; and (c) must take effect not less than twelve (12) months after the amendment is made.

Appears in 1 contract

Samples: Director Retirement Agreement (Sierra Bancorp)

Change in Form or Timing of Distributions. For distribution of benefits under this Article 2, the Executive and the Bank may, subject to the terms of Section 8.1, amend this Agreement to delay the timing or change the form of distributions. Any such amendmentamendment shall be subject to approval by the Bank in its sole and absolute discretion and: (a) may not accelerate the time or schedule of any distribution, except as provided in Code Section 409A; (b) must, except for benefits distributable under Sections 2.1Section 2.2, 2.2 and 2.4, must delay the commencement of distributions for a minimum of five (5) years from the date the first distribution was originally scheduled to be made; and (c) must take effect not less than twelve (12) months after the amendment is made.

Appears in 1 contract

Samples: Supplemental Executive Retirement Plan Agreement (Peoples Financial Services Corp.)

Change in Form or Timing of Distributions. For distribution of benefits under this Article 2, the Executive Director and the Bank may, subject to the terms of Section 8.1, amend this this. Agreement to delay the timing or change the form of distributions. ; Any such amendment: (a) may not accelerate the time or schedule of any distribution, except as provided in Code Section 409A; (b) must, for benefits distributable under Sections 2.1, 2.2 and 2.4, delay the commencement of distributions for a minimum of five (5) years from the date the first distribution was originally scheduled to be made; and (c) must take effect not less than twelve (12) months after the amendment is made.. BANK’34 Director Retirement Agreement

Appears in 1 contract

Samples: Director Retirement Agreement (Alamogordo Financial Corp)

Change in Form or Timing of Distributions. For distribution of benefits under this Article 24, the Executive Director and the Bank may, subject to the terms of Section 8.1, amend this the Agreement to delay the timing or change the form of distributions. Any such amendment: (a) may not accelerate the time or schedule of any distribution, except as provided in Section 409A of the Code Section 409Aand the regulations thereunder; (b) must, for benefits distributable under Sections 2.14.1, 2.2 4.2, 4.3 and 2.44.4, delay the commencement of distributions for a minimum of five (5) years from the date the first distribution was originally scheduled to be made; and (c) must take effect not less than twelve (12) months after the amendment is made.

Appears in 1 contract

Samples: Director Deferred Fee Agreement (Central Valley Community Bancorp)

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