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 Company may, subject to the terms of Section 8.1, amend 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 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, 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 (d) must take effect not less than twelve (12) months after the amendment is made.

Appears in 4 contracts

Samples: Salary Continuation Agreement (Greer Bancshares Inc), Salary Continuation Agreement (Greer Bancshares Inc), Salary Continuation Agreement (Greer Bancshares Inc)

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Change in Form or Timing of Distributions. For distribution of benefits under this Article 2, the Executive and the Company Bank may, subject to the terms of Section 8.1, amend 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 and the regulations thereunder; (b) must, for benefits distributable under Section 2.2, 2.3 and 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, 2.3 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 (d) must take effect not less than twelve (12) months after the amendment is made.

Appears in 4 contracts

Samples: Supplemental Executive Retirement Agreement (SCBT Financial Corp), Supplemental Executive Retirement Agreement (SCBT Financial Corp), Salary Continuation Agreement (United Heritage Bankshares of Florida Inc)

Change in Form or Timing of Distributions. For distribution of benefits under this Article 2, the Executive and the Company Bank may, subject to the terms of Section 8.1, amend the 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 of the Code and the regulations thereunder409A; (b) must, for benefits distributable under Section 2.22.5, be made at least twelve (12) months prior to the first scheduled distribution; (c) must, for benefits distributable under Sections 2.1, 2.2, 2.3 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 (d) must take effect not less than twelve (12) months after the amendment is made.. Avenue Bank Supplemental Executive Retirement Plan Agreement

Appears in 4 contracts

Samples: Supplemental Executive Retirement Plan Agreement (Pinnacle Financial Partners Inc), Supplemental Executive Retirement Plan Agreement (Avenue Financial Holdings, Inc.), Supplemental Executive Retirement Plan Agreement (Avenue Financial Holdings, Inc.)

Change in Form or Timing of Distributions. For distribution of benefits under this Article 2, the Executive and the Company Bank may, subject to the terms of Section 8.1, amend the 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 of the Code and the regulations thereunder409A; (b) must, for benefits distributable under Section 2.22.3, be made at least twelve (12) months prior to the first scheduled distribution; (c) must, for benefits distributable under Sections 2.1, 2.2, 2.3 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 (d) must take effect not less than twelve (12) months after the amendment is made.

Appears in 3 contracts

Samples: Salary Continuation Agreement (Bank of the James Financial Group Inc), Salary Continuation Agreement (Bank of the James Financial Group Inc), Salary Continuation Agreement (Bank of the James Financial Group Inc)

Change in Form or Timing of Distributions. For distribution of benefits under this Article 2, the Executive Director and the Company Bank may, subject to the terms of Section 8.1, amend the 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 of the Code and the regulations thereunder409A; (b) must, for benefits distributable under Section Sections 2.2, 2.3 and 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, 2.3 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 (d) must take effect not less than twelve (12) months after the amendment is made.

Appears in 3 contracts

Samples: Director Retirement Agreement (Berkshire Hills Bancorp Inc), Director Retirement Agreement (Berkshire Hills Bancorp Inc), Director Retirement Agreement (Berkshire Hills Bancorp Inc)

Change in Form or Timing of Distributions. For distribution of benefits under this Article 2, the Executive and the Company Bank may, subject to the terms of Section 8.1, amend 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 and the regulations thereunder; (b) must, for benefits distributable under Section 2.2, 2.3 and 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, 2.3 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 (d) must take effect not less than twelve (12) months after the amendment is made.

Appears in 3 contracts

Samples: Supplemental Executive Retirement Agreement (SCBT Financial Corp), Supplemental Executive Retirement Agreement (SCBT Financial Corp), Supplemental Executive Retirement Agreement (SCBT Financial Corp)

Change in Form or Timing of Distributions. For distribution of benefits under this Article 2, the Executive and the Company Bank may, subject to the terms of Section 8.1Sections 8.1 and 8.2 below, amend the this Agreement to delay the timing or change the form of distributions. Any ; provided, however, that any such amendment: (a) may not accelerate the time or schedule of any distribution, except as provided in Code Section 409A of the Code and the regulations thereunder409A; (b) must, for benefits distributable under Section 2.2Sections 2.1 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, 2.3 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 (d) must take effect not less than twelve (12) months after the amendment is made.

Appears in 3 contracts

Samples: Salary Continuation Agreement (Enterprise Bancorp Inc /Ma/), Salary Continuation Agreement (Enterprise Bancorp Inc /Ma/), Salary Continuation Agreement (Enterprise Bancorp Inc /Ma/)

Change in Form or Timing of Distributions. For distribution of benefits under this Article 2, the Executive and the Company may, subject to the terms of Section 8.1, amend 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 and the regulations thereunder; (b) must, for benefits distributable under Section 2.2Sections 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, 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 (d) must take effect not less than twelve (12) months after the amendment is made.

Appears in 3 contracts

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

Change in Form or Timing of Distributions. For distribution of benefits under this Article 2, the Executive and the Company Bank may, subject to the terms of Section 8.1, amend the 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 of the Code and the regulations thereunder409A; (b) must, for benefits distributable under Section 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, 2.3 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 (d) must take effect not less than twelve (12) months after the amendment is made.

Appears in 2 contracts

Samples: 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 Company may, subject to the terms of Section 8.1, amend the 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 of the Code and the regulations thereunder409A; (b) must, for benefits distributable under Section 2.2, 2.3 and 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, 2.3 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 (d) must take effect not less than twelve (12) months after the amendment is made.

Appears in 2 contracts

Samples: Salary Continuation Agreement (Floridian Financial Group Inc), Salary Continuation Agreement (Floridian Financial Group Inc)

Change in Form or Timing of Distributions. For distribution of benefits under this Article 24, the Executive Director and the Company Bank may, subject to the terms of Section 8.110.1, amend the 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 of the Code and the regulations thereunder409A; (b) must, for benefits distributable under Section 2.2, Article 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, 2.3 and 2.4, Article 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 (d) must take effect not less than twelve (12) months after the amendment is made.

Appears in 2 contracts

Samples: Director Deferred Compensation Agreement (LINKBANCORP, Inc.), Director Deferred Compensation Agreement (LINKBANCORP, Inc.)

Change in Form or Timing of Distributions. For distribution of benefits under this Article 2, the Executive and the Company may, subject to the terms of Section 8.1, amend 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 and the regulations thereunder; (b) must, for benefits distributable under Section 2.2, 2.3 and 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, 2.3 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 (d) must 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 (Tri County Financial Corp /Md/)

Change in Form or Timing of Distributions. For distribution of benefits under this Article 2, the Executive and the Company Bank may, subject to the terms of Section 8.1, amend 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 409A of the Code and the regulations thereunder; (b) must, for benefits distributable under Section 2.2Sections 2.2 and 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, 2.3 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 (d) must take effect not less than twelve (12) months after the amendment is made.

Appears in 2 contracts

Samples: Supplemental Executive Retirement Agreement (Cambridge Bancorp), Supplemental Executive Retirement Agreement (Cambridge Bancorp)

Change in Form or Timing of Distributions. For distribution of benefits under this Article 2, the Executive and the Company Bank may, subject to the terms of Section 8.1, amend 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 and the regulations thereunder; (b) must, for benefits distributable under Section 2.2, 2.4 and 2.5 be made at least twelve (12) months prior to the first scheduled distribution; (c) must, for benefits distributable under Sections 2.1, 2.2, 2.3 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 (d) must take effect not less than twelve (12) months after the amendment is made.

Appears in 2 contracts

Samples: Supplemental Executive Retirement Agreement (SCBT Financial Corp), Supplemental Executive Retirement Agreement (SCBT Financial Corp)

Change in Form or Timing of Distributions. For distribution of benefits under this Article 2, the Executive and the Company Corporation may, subject to the terms of Section 8.17.1, amend 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 and the regulations thereunder; (b) must, for benefits distributable under Section 2.2, 2.3 and 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, 2.3 and 2.4, Article 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 (d) must take effect not less than twelve (12) months after the amendment is made.

Appears in 2 contracts

Samples: Supplemental Executive Retirement Plan Agreement (Habersham Bancorp), Supplemental Executive Retirement Plan Agreement (Habersham Bancorp)

Change in Form or Timing of Distributions. For distribution of benefits under this Article 2, the Executive and the Company Bank may, subject to the terms of Section 8.1, amend the 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 of the Code and the regulations thereunder409A; (b) must, for benefits distributable under Section 2.2, 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, 2.3 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 (d) must take effect not less than twelve (12) months after the amendment is made.

Appears in 2 contracts

Samples: Supplemental Executive Retirement Plan Agreement (Riverview Financial Corp), Supplemental Executive Retirement Plan Agreement (Riverview Financial Corp)

Change in Form or Timing of Distributions. For distribution of benefits under this Article 2, the Executive Executive, the Company and the Company Bank may, subject to the terms of Section 8.1, amend 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 and the regulations thereunder; (b) must, for benefits distributable under Section 2.22.2 and 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, 2.3 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 (d) must take effect not less than twelve (12) months after the amendment is made.

Appears in 2 contracts

Samples: Supplemental Executive Retirement Plan Agreement (1st United Bancorp, Inc.), Supplemental Executive Retirement Plan Agreement (1st United Bancorp, Inc.)

Change in Form or Timing of Distributions. For distribution of benefits under this Article 2, the Executive and the Company Bank may, subject to the terms of Section 8.1, amend the 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 of the Code and the regulations thereunder;409A; PEOPLESBANK, A CODORUS VALLEY COMPANY Salary Continuation Agreement (b) must, for benefits distributable under Section 2.2, Sections 2.2 and 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, 2.3 2.2 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 (d) must take effect not less than twelve (12) months after the amendment is made.

Appears in 1 contract

Samples: Salary Continuation Agreement (Codorus Valley Bancorp Inc)

Change in Form or Timing of Distributions. For distribution of benefits under this Article 2, the Executive and the Company Bank may, subject to the terms of Section 8.1, amend the 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 of the Code and the regulations thereunder409A; (b) must, for benefits distributable under Section 2.2Sections 2.3 and 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, 2.3 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 (d) must take effect not less than twelve (12) months after the amendment is made.

Appears in 1 contract

Samples: Salary Continuation Agreement (BayFirst Financial Corp.)

Change in Form or Timing of Distributions. For distribution of benefits under this Article 2, the Executive and the Company Bank may, subject to the terms of Section 8.1, amend the 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 of the Code and the regulations thereunder409A; (b) must, for benefits distributable under Section 2.2, Sections 2.2 and 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, 2.3 2.2 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 (d) must take effect not less than twelve (12) months after the amendment is made.

Appears in 1 contract

Samples: Salary Continuation Agreement (Codorus Valley Bancorp Inc)

Change in Form or Timing of Distributions. For distribution of benefits under this Article 2, the Executive and the Company may, subject to the terms of Section 8.1, amend the 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 of the Code and the regulations thereunder409A; (b) must, for benefits distributable under Section 2.2, 2.3 and 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, 2.3 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 (d) must take effect not less than twelve (12) months after the amendment is made.

Appears in 1 contract

Samples: Salary Continuation Agreement (Floridian Financial Group Inc)

Change in Form or Timing of Distributions. For distribution of benefits under this Article 2, the Executive and the Company Bank may, subject to the terms of Section 8.1, amend 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 and the regulations thereunder; (b) must, for benefits distributable under Section 2.22.1, be made at least twelve (12) months prior to the first scheduled distribution; (c) must, for benefits distributable under Sections 2.1, 2.1 and 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 (d) must take effect not less than twelve (12) months after the amendment is made.

Appears in 1 contract

Samples: Salary Continuation Agreement (Luther Burbank Corp)

Change in Form or Timing of Distributions. For distribution of benefits under this Article 2, the Executive and the Company Bank may, subject to the terms of Section 8.1, amend the 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 of the Code and the regulations thereunder409A; (b) must, for benefits distributable under Section 2.2, 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, 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 (d) must take effect not less than twelve (12) months after the amendment is made.. AMERIANA BANK, SB Salary Continuation Plan

Appears in 1 contract

Samples: Salary Continuation Plan (Ameriana Bancorp)

Change in Form or Timing of Distributions. For distribution of benefits under this Article 2, the Executive and the Company Bank may, subject to the terms of Section 8.1, amend the 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 of the Code and the regulations thereunder409A; (b) must, for benefits distributable under Section 2.22.1, be made at least twelve (12) months prior to the first scheduled distribution; (c) must, for benefits distributable under Sections 2.1, 2.2, 2.3 and 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 (d) 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 Company Bank may, subject to the terms of Section 8.1, amend 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 and the regulations thereunder; (b) must, for benefits distributable under Section 2.22.1, 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 2.3 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 (d) must take effect not less than twelve (12) months after the amendment is made.

Appears in 1 contract

Samples: Salary Continuation Agreement (Luther Burbank Corp)

Change in Form or Timing of Distributions. For distribution of benefits under this Article 2, the Executive and the Company Bank may, subject to the terms of Section 8.17.1, amend 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 and the regulations thereunder; (b) must, for benefits distributable under Section 2.2, 2.3 and 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, 2.3 and 2.4, Article 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 (d) must take effect not less than twelve (12) months after the amendment is made.

Appears in 1 contract

Samples: Supplemental Executive Retirement Plan Agreement (Habersham Bancorp)

Change in Form or Timing of Distributions. For distribution of benefits under this Article 2, the Executive and the Company Bank may, subject to the terms of Section 8.1, amend 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 and the regulations thereunderthereunder ; (b) must, for benefits distributable under Section 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, 2.3 2.1 and 2.4, 2.2 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 (d) must take effect not less than twelve (12) months after the amendment is made.

Appears in 1 contract

Samples: Salary Continuation Agreement (Luther Burbank Corp)

Change in Form or Timing of Distributions. For distribution of benefits under this Article 2, the Executive and the Company Bank may, subject to the terms of Section 8.1, amend the 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 of the Code and the regulations thereunder409A; (b) must, for benefits distributable under Section 2.2, 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, 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 (d) must take effect not less than twelve (12) months after the amendment is made.

Appears in 1 contract

Samples: Salary Continuation Agreement (Harvard Illinois Bancorp, Inc.)

Change in Form or Timing of Distributions. For distribution of benefits under this Article 2, the Executive and the Company Bank may, subject to the terms of Section 8.1, amend the 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 of the Code and the regulations thereunder409A; (b) must, for benefits distributable under Section 2.22.2 and 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, 2.3 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 (d) must take effect not less than twelve (12) months after the amendment is made.

Appears in 1 contract

Samples: Salary Continuation Agreement (Orrstown Financial Services Inc)

Change in Form or Timing of Distributions. For distribution -distribution of benefits under this Article 2, the Executive and the Company may, subject to the terms of Section 8.1, amend 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 and the regulations Regulations thereunder; (b) must, for benefits distributable under Section 2.2, 2.3 and 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, 2.3 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 (d) must take effect not less than twelve (12) months after the amendment is made.

Appears in 1 contract

Samples: Salary Continuation Agreement (Tri County Financial Corp /Md/)

Change in Form or Timing of Distributions. For distribution of benefits under this Article 2, the Executive and the Company Bank may, subject to the terms of Section 8.1, amend the 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 of the Code and the regulations thereunder409A; (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, 2.3 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 (d) must take effect not less than twelve (12) months after the amendment is made.

Appears in 1 contract

Samples: Salary Continuation Agreement (Plumas Bancorp)

Change in Form or Timing of Distributions. For distribution of benefits under this Article 2, the Executive and the Company Bank may, subject to the terms of Section 8.1, amend 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 and the regulations thereunder; (b) must, for benefits distributable under Section 2.2, 2.3 and 2.4, be made at least twelve (12) months prior to the first scheduled distribution; (c) must, for benefits distributable under Sections Section 2.1, 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 (d) must take effect not less than twelve (12) months after the amendment is made.

Appears in 1 contract

Samples: Salary Continuation Agreement (Central Valley Community Bancorp)

Change in Form or Timing of Distributions. For distribution of benefits under this Article 2, the Executive and the Company may, subject to the terms of Section 8.1, amend the Agreement to delay the timing or change the form of distributions. Any such amendment:: Salary Continuation Agreement (a) may not accelerate the time or schedule of any distribution, except as provided in Section 409A of the Code and the regulations thereunder; (b) must, for benefits distributable under Section 2.2Sections 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, 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 (d) must take effect not less than twelve (12) months after the amendment is made.

Appears in 1 contract

Samples: 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 Company Corporation may, subject to the terms of Section 8.1, amend 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 and the regulations thereunder; (b) must, for benefits distributable under Section 2.22.1, be made at least not less than twelve (12) months prior to the first scheduled distribution;Executive’s Normal Retirement Age. (c) must, for benefits distributable under Sections 2.1, 2.2, and 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 (d) must take effect not less than twelve (12) months after the amendment is made.

Appears in 1 contract

Samples: Salary Continuation Agreement (National Bankshares Inc)

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Change in Form or Timing of Distributions. For distribution of benefits under this Article 2, the Executive and the Company Bank may, subject to the terms of Section 8.1, amend 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 and the regulations thereunder; (b) must, for benefits distributable under Section 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, 2.2 and 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 (d) must take effect not less than twelve (12) months after the amendment is made.

Appears in 1 contract

Samples: Salary Continuation Agreement (Luther Burbank Corp)

Change in Form or Timing of Distributions. For distribution of benefits under this Article 2, the Executive and the Company Bank may, subject to the terms of Section 8.1, amend 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 and the regulations thereunder; (b) must, for benefits distributable under Section 2.2, Sections 2.2.2(b) and 2.3.2(b) be made at least twelve (12) months prior to the first scheduled distribution; (c) must, for benefits distributable under Sections 2.1, 2.2, 2.3 and 2.4, Article 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 (d) must take effect not less than twelve (12) months after the amendment is made.

Appears in 1 contract

Samples: Salary Continuation Agreement (Dimeco Inc)

Change in Form or Timing of Distributions. For distribution of benefits under this Article 2, the Executive and the Company Bank may, subject to the terms of Section 8.1, amend the 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 of the Code and the regulations thereunder409A; (b) must, for benefits distributable under Section 2.2, Sections 2.4 and 2.5 be made at least twelve (12) months prior to the first scheduled distribution; (c) must, for benefits distributable under Sections 2.1, 2.2, 2.3 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 (d) must take effect not less than twelve (12) months after the amendment is made.. Harvard Savings Bank Salary Continuation Agreement

Appears in 1 contract

Samples: Salary Continuation Agreement (Harvard Illinois Bancorp, Inc.)

Change in Form or Timing of Distributions. For distribution of benefits under this Article 2, the Executive and the Company Bank may, subject to the terms of Section 8.1, amend the 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 of the Code and the regulations thereunder409A; (b) must, for benefits distributable under Section 2.2Sections 2.2 and 2.4, be made at least twelve (12) months prior to the first scheduled distribution; (c) must, for benefits distributable under Sections Section 2.1, 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 (d) must take effect not less than twelve (12) months after the amendment is made.. PEOPLESBANK, A CODORUS VALLEY COMPANY Salary Continuation Agreement

Appears in 1 contract

Samples: Salary Continuation Agreement (Codorus Valley Bancorp Inc)

Change in Form or Timing of Distributions. For distribution of benefits under this Article 2, the Executive and the Company Bank may, subject to the terms of Section 8.1, amend the 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 of the Code and the regulations thereunder409A; (b) must, for benefits distributable under Section Sections 2.2, 2.3 and 2.4, be made at least twelve (12) months prior to the first scheduled distribution;; Capstone Bank Salary Continuation Agreement (c) must, for benefits distributable under Sections 2.1, 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 (d) must take effect not less than twelve (12) months after the amendment is made.

Appears in 1 contract

Samples: Salary Continuation Agreement (Smartfinancial Inc.)

Change in Form or Timing of Distributions. For distribution of benefits under this Article 2, the Executive and the Company may, subject to the terms of Section 8.1, amend the 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 of the Code and the regulations thereunder409A; (b) must, for benefits distributable under Section Sections 2.2, 2.3 and 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, 2.3 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 (d) must take effect not less than twelve (12) months after the amendment is made.

Appears in 1 contract

Samples: Salary Continuation Agreement (Tib Financial Corp.)

Change in Form or Timing of Distributions. For distribution of benefits under this Article 24, the Executive and the Company may, subject to the terms of Section 8.19.1, amend 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 and the regulations thereunder; (b) must, for benefits distributable under Section 2.24.2, be made at least twelve (12) months prior to the first scheduled distribution; (c) must, for benefits distributable under Sections 2.14.1, 2.24.2, 2.3 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 (d) must take effect not less than twelve (12) months after the amendment is made.

Appears in 1 contract

Samples: Stock Appreciation Rights Agreement (Greer Bancshares Inc)

Change in Form or Timing of Distributions. For distribution of benefits under this Article 2, the Executive and the Company Bank may, subject to the terms of Section 8.1, amend the 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 of the Code and the regulations thereunder409A; (b) must, for benefits distributable under Section 2.2, 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, 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 (d) must take effect not less than twelve (12) months after the amendment is made.

Appears in 1 contract

Samples: Salary Continuation Agreement (Harvard Illinois Bancorp, Inc.)

Change in Form or Timing of Distributions. For distribution of benefits under this Article 2, the Executive and the Company Bank may, subject to the terms of Section 8.1, amend the this Agreement to delay the timing or change the form of distributions. Any such amendment:: Supplemental Executive Retirement Agreement (a) may not accelerate the time or schedule of any distribution, except as provided in Code Section 409A of the Code and the regulations thereunder409A; (b) must, for benefits distributable under Section 2.2Sections 2.1, 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, 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 (d) must take effect not less than twelve (12) months after the amendment is made.

Appears in 1 contract

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

Change in Form or Timing of Distributions. For distribution of benefits under this Article 2, the Executive and the Company Bank may, subject to the terms of Section 8.1, amend 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 409A of the Code and the regulations thereunder; (b) must, for benefits distributable under Section Sections 2.2, 2.3, 2.4 and 2.5 be made at least twelve (12) months prior to the first scheduled distribution; (c) must, for benefits distributable under Sections 2.1, 2.2, 2.3 and 2.4, Article 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 (d) must take effect not less than twelve (12) months after the amendment is made.

Appears in 1 contract

Samples: 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 Director and the Company Bank may, subject to the terms of Section 8.1, amend the 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 of the Code and the regulations thereunder409A; (b) must, for benefits distributable under Section 2.2, be made at least twelve (12) months prior to the first scheduled distribution;; Ameriana Bank, SB Supplemental Retirement Plan (c) must, for benefits distributable under Sections 2.1, 2.2, 2.3 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 (d) must take effect not less than twelve (12) months after the amendment is made.

Appears in 1 contract

Samples: Supplemental Retirement Plan (Ameriana Bancorp)

Change in Form or Timing of Distributions. For distribution of benefits under this Article 2, the Executive and the Company may, subject to the terms of Section 8.1, amend 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 and the regulations thereunder; (b) must, for benefits distributable under Section 2.2, 2.3 and 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, 2.3 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 (d) must take effect not less than than. twelve (12) months after the amendment is made.

Appears in 1 contract

Samples: 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 Company Bank may, subject to the terms of Section 8.1, amend 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 and the regulations thereunder; (b) must, for benefits distributable under Section 2.22.3, be made at least twelve (12) months prior to the first scheduled distribution; (c) must, for benefits distributable under Sections 2.1, 2.2, 2.3 2.2 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 (d) must take effect not less than twelve (12) months after the amendment is made.

Appears in 1 contract

Samples: Supplemental Executive Retirement Plan Agreement (Emclaire Financial Corp)

Change in Form or Timing of Distributions. For distribution of benefits under this Article 2, the Executive and the Company Bank may, subject to the terms of Section 8.1, amend the 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 of the Code and the regulations thereunder409A; (b) must, for benefits distributable under Section 2.22.1, be made at least twelve (12) months prior to the first scheduled distribution; (c) must, for benefits distributable under Sections 2.1, 2.2, 2.3 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 (d) must take effect not less than twelve (12) months after the amendment is made.

Appears in 1 contract

Samples: Salary Continuation Agreement (Eagle Bancorp Montana, Inc.)

Change in Form or Timing of Distributions. For distribution of benefits under this Article 2, the Executive and the Company Bank may, subject to the terms of Section 8.1, amend the 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 of the Code and the regulations thereunder409A; (b) must, for benefits distributable under Section Sections 2.2, 2.3 and 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, 2.3 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 (d) must take effect not less than twelve (12) months after the amendment is made.

Appears in 1 contract

Samples: Salary Continuation Agreement (HCSB Financial Corp)

Change in Form or Timing of Distributions. For distribution of benefits under this Article 2, the Executive and the Company Bank may, subject to the terms of Section 8.1, amend 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 and the regulations thereunder; (b) must, for benefits distributable under Section 2.22.1, be made at least not less than twelve (12) months prior to the first scheduled distribution;Executive’s Normal Retirement Age. (c) must, for benefits distributable under Sections 2.1, 2.2, and 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 (d) must take effect not less than twelve (12) months after the amendment is made.

Appears in 1 contract

Samples: Salary Continuation Agreement (National Bankshares Inc)

Change in Form or Timing of Distributions. For distribution of benefits under this Article 24, the Executive Director and the Company Bank may, subject to the terms of Section 8.110.1, amend 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 409A of the Code and the regulations thereunder; (b) must, for benefits distributable under Section 2.2Sections 4.2, 4.3 and 4.4 be made at least twelve (12) months prior to the first scheduled distribution; (c) must, for benefits distributable under Sections 2.1, 2.2, 2.3 and 2.4, Article 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 (d) must take effect not less than twelve (12) months after the amendment election is made.

Appears in 1 contract

Samples: Director Deferred Compensation Agreement (Newnan Coweta Bancshares Inc)

Change in Form or Timing of Distributions. For distribution of benefits under this Article 2, the Executive and the Company may, subject to the terms of Section 8.1, amend 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 and the regulations thereunder; (b) must, for benefits distributable under Section 2.22.2 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, 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 (d) must take effect not less than twelve (12) months after the amendment is made.. PEOPLES FEDERAL MHC Salary Continuation Agreement

Appears in 1 contract

Samples: Salary Continuation Agreement (Peoples Federal Bancshares, Inc.)

Change in Form or Timing of Distributions. For distribution of benefits under this Article 2, the Executive and the Company Bank may, subject to the terms of Section 8.1, amend the 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 of the Code and the regulations thereunder409A; (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, 2.3 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 (d) must take effect not less than twelve (12) months after the amendment is made.

Appears in 1 contract

Samples: Salary Continuation Plan (Ameriana Bancorp)

Change in Form or Timing of Distributions. For distribution of benefits under this Article 2, the Executive and the Company may, subject to the terms of Section 8.1, amend 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 and the regulations thereunder; (b) must, for benefits distributable under Section 2.22.1, be made at least twelve (12) months prior to the first scheduled distribution; (c) must, for benefits distributable under Sections 2.1, 2.2, 2.3 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 (d) must take effect not less than twelve (12) months after the amendment is made.

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 Company Bank may, subject to the terms of Section 8.17.1, amend the 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 of the Code and the regulations thereunder; 409A; (b) must, for benefits distributable under Section 2.2, 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, 2.3 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 and (d) must take effect not less than twelve (12) months after the amendment is made.. Article

Appears in 1 contract

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

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