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

Change in Form or Timing of Distributions. All changes in the form or timing of distributions hereunder must comply with the following requirements. The changes: (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, 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 election is made.

Appears in 2 contracts

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

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Change in Form or Timing of Distributions. All changes in the form or timing of distributions hereunder must comply with the following requirements. The changes: (a) may must 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 distributabledistributable under Section 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, and 2.4, delay the commencement of the 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 election is made.

Appears in 2 contracts

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

Change in Form or Timing of Distributions. All changes in the form or timing of distributions hereunder must comply with the following requirements. The changes: (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 distributabledistributable under Sections 3.1, 3.2, 3.4(a), 3.4(b) and 3.4(c), 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 election is made.

Appears in 2 contracts

Samples: Executive Employee Salary Continuation Agreement (Mercantile Bancorp, Inc.), Executive Employee Salary Continuation Agreement (Mercantile Bancorp, Inc.)

Change in Form or Timing of Distributions. All changes in the form or timing of distributions hereunder must comply with the following requirements. The changes: (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 distributabledistributable 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 2.5, 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 election is made.

Appears in 2 contracts

Samples: Salary Continuation Agreement (Juniata Valley Financial Corp), Salary Continuation Agreement (Juniata Valley Financial Corp)

Change in Form or Timing of Distributions. All changes in the form or timing of distributions hereunder must comply with the following requirements. The changes: (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 distributabledistributable 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, 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 election is made.

Appears in 2 contracts

Samples: Salary Continuation Agreement (First Community Financial Corp), Salary Continuation Agreement (First Community Financial Corp)

Change in Form or Timing of Distributions. All changes in the form or timing of distributions hereunder must comply with the following requirements. The changes: (a) : may not accelerate the time or schedule of any distribution, except as provided in Section 409A of the Code and the regulations thereunder; ; must for, benefits distributable under Section 2.2, be made at least twelve (b12) must, months prior to the first scheduled distribution; must for benefits distributable, distributable under Section 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 (c) and must take effect not less than twelve (12) months after the election is made.

Appears in 1 contract

Samples: Imputed Income Tax Reimbursement Agreement (First Citizens Bancshares Inc /Tn/)

Change in Form or Timing of Distributions. All changes in the form or timing of distributions hereunder must comply with the following requirements. The changes: (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;; -9- (b) must, for benefits distributabledistributable under Sections 3.1, 3.2, 3.3, 3.5(a) and 3.5(b), 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 election is made.

Appears in 1 contract

Samples: Executive Employee Salary Continuation Agreement (Choiceone Financial Services Inc)

Change in Form or Timing of Distributions. All changes in the form or timing of distributions hereunder must comply with the following requirements. The changes: (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 distributabledistributable 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 2.3 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 election is made.

Appears in 1 contract

Samples: Supplemental Executive Retirement Plan Agreement (Lakeland Bancorp Inc)

Change in Form or Timing of Distributions. All changes in the form or timing of distributions hereunder must comply with the following requirements. The changes: (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 distributabledistributable 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 election is made.

Appears in 1 contract

Samples: Salary Continuation Agreement (Beach First National Bancshares Inc)

Change in Form or Timing of Distributions. All changes in the form or timing of distributions hereunder must comply with the following requirements. The changes: (ag) may not accelerate the time or schedule of any distribution, except as provided in Section 409A of the Code and the regulations thereunder; (bh) must, for benefits distributabledistributable 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 (ci) must take effect not less than twelve (12) months after the election is made.

Appears in 1 contract

Samples: Supplemental Executive Retirement Plan Agreement (Capital Bancorp Inc)

Change in Form or Timing of Distributions. All changes in the form or timing of distributions hereunder must comply with the following requirements. The changes: : (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 distributabledistributable under Sections 4.1 and 4.2, 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 and (c) must take effect not less than twelve (12) months after the election is made.

Appears in 1 contract

Samples: Executive Deferred Compensation Agreement (Ohio Valley Banc Corp)

Change in Form or Timing of Distributions. All changes in the form or timing of distributions hereunder must comply with the following requirements. The changes: (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 distributabledistributable under Sections 4.1, 4.2, 4.3, 4.4 and 7.1, 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 election is made. Section 5.1. 2 of the Agreement shall be deleted in its entirety and replaced by the following:

Appears in 1 contract

Samples: Executive Deferred Compensation Agreement (Coastal Banking Co Inc)

Change in Form or Timing of Distributions. All changes in the form or timing of distributions hereunder must comply with the following requirements. The These changes: (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 distributabledistributable under Sections 4.1, 4.2, 4.3 and 4.4, 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 election is made.

Appears in 1 contract

Samples: Director Deferred Fee Agreement (Madison County Financial, Inc.)

Change in Form or Timing of Distributions. All changes in the form form, or timing of distributions hereunder here under must comply with the following requirements. The changes: (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 distributabledistributable 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 (c) must take effect not less than twelve (12) months after the election is made.

Appears in 1 contract

Samples: Salary Continuation Agreement (Fidelity Federal Bancorp)

Change in Form or Timing of Distributions. All changes in the form or timing of distributions hereunder must comply with the following requirements. The requirements of Code Section 409A, which generally provide that such changes: (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 distributabledistributable under Sections 3.1, 3.2, 3.3 and 7.1, 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 election is made. Section 7.1 of the Agreement shall be deleted in its entirety and shall be replaced by the following:

Appears in 1 contract

Samples: Executive Supplemental Retirement Income Agreement (German American Bancorp, Inc.)

Change in Form or Timing of Distributions. All changes in the form or of timing of distributions hereunder must comply with the following requirements. The changes: (a) may not accelerate the time or schedule of any distributiondistributions, except as provided in Section 409A of the Code and the regulations thereunder; (b) must, for benefits distributabledistributable under Sections 2.1, 2.2 and 2.3, 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 election is made.

Appears in 1 contract

Samples: Salary Continuation Agreement (United Bancshares Inc/Oh)

Change in Form or Timing of Distributions. All changes in the form or timing of distributions hereunder must comply with the following requirements. The changes: (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 distributabledistributable under Sections 2.1, 2.2 and 2.3, 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 election is made. Section 5.1 of the Agreement shall be deleted in its entirety and replaced by the following:

Appears in 1 contract

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

Change in Form or Timing of Distributions. All changes in the form or timing of distributions hereunder must comply with the following requirements. The changes: (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 distributabledistributable under Sections 3.1, 3.2, 3.3, 3.5(a) and 3.5(b), 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 election is made.

Appears in 1 contract

Samples: Executive Employee Salary Continuation Agreement (Choiceone Financial Services Inc)

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Change in Form or Timing of Distributions. All changes in the form or timing of distributions hereunder must comply with the following requirements. The changes: (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 distributabledistributable 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 (c) must take effect not less than twelve (12) months after the election is made.

Appears in 1 contract

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

Change in Form or Timing of Distributions. All changes in the form or timing of distributions hereunder must comply with the following requirements. The changes: (a) may not accelerate must, for benefits distributable under Sections 4.1 and 4.2, be made at least twelve (12) months prior to the time or schedule of any first scheduled distribution, except as provided in Section 409A of the Code and the regulations thereunder; (b) must, for benefits distributabledistributable under Sections 4.1, 4.2 and 4.3, 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 election is made.

Appears in 1 contract

Samples: Executive Deferred Compensation Agreement (Green Bankshares, Inc.)

Change in Form or Timing of Distributions. All changes in the form or timing of distributions hereunder must comply with the following requirements. The changes: (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 distributabledistributable under Sections 3.1, 3.2, 3.4 and 3.5 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 election is made.

Appears in 1 contract

Samples: Supplemental Executive Retirement Income Agreement (Home Federal Bancorp)

Change in Form or Timing of Distributions. All changes in the form or timing of distributions hereunder must comply with the following requirements. The changes: (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 distributabledistributable 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 (c) must take effect not less than twelve (12) months after the election is made.

Appears in 1 contract

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

Change in Form or Timing of Distributions. All changes in the form or timing of distributions hereunder must comply with the following requirements. The changes: (a) may not accelerate the time or schedule of any distribution, except as provided in Section 409A of the Code and the regulations thereunder;; HARVARD SAVINGS BANK Deferred Fee Agreement (b) must, for benefits distributabledistributable under Sections 4.1, 4.2, 4.3 and 4.4, delay the commencement of distributions for a minimum of five (5) years from form the date the first distribution was originally scheduled to be made; and (c) must take effect not less than twelve (12) months after the election is made.

Appears in 1 contract

Samples: Deferred Fee Agreement (Harvard Illinois Bancorp, Inc.)

Change in Form or Timing of Distributions. All changes in the form or timing of distributions hereunder must comply with the following requirements. The changes: (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 distributabledistributable under Sections 2.1 and 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 (c) must take effect not less than twelve (12) months after the election is made.

Appears in 1 contract

Samples: Supplemental Executive Retirement Agreement (Home Federal Bancorp)

Change in Form or Timing of Distributions. All changes in the form or timing of distributions hereunder must comply with the following requirements. The changes: (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 distributabledistributable 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 election is made.

Appears in 1 contract

Samples: Director Retirement Agreement (Beach First National Bancshares Inc)

Change in Form or Timing of Distributions. All changes in the form or timing of distributions hereunder must comply with the following requirements. The changes: (a) may not accelerate the time or schedule of any distribution, except as provided in Section section 409A of the Code and the regulations thereunder; (b) must, for benefits distributable, must be elected at least twelve (12) months prior to the first scheduled distribution; (c) must delay the commencement of distributions due to Normal Retirement or Early Retirement 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 election is made.

Appears in 1 contract

Samples: Supplemental Salary Continuation Plan Agreement (Tennessee Commerce Bancorp, Inc.)

Change in Form or Timing of Distributions. All changes in the form or timing of distributions hereunder must comply with the following requirements. The changes: (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 distributabledistributable under Section 8, 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 election is made.

Appears in 1 contract

Samples: Non Competition Agreement (Green Bankshares, Inc.)

Change in Form or Timing of Distributions. All changes in the form or timing of distributions hereunder must comply with the following requirements. The changes: (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 distributabledistributable under Sections 2.1, 2.2 and 2.3, delay the commencement of distributions for a minimum of five (5) years from the date the first distribution was originally scheduled scheduled, to be made; and (c) must take effect not less than twelve (12) months after the election is made. Section 5.1 of the Agreement shall be deleted in its entirety and replaced by the following:

Appears in 1 contract

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

Change in Form or Timing of Distributions. All changes in the form or of timing of distributions hereunder must comply with the following requirements. The changes: (a) may not accelerate the time or schedule of any distributiondistributions, except as provided in Section 409A of the Code and the regulations thereunder; (b) must, for benefits distributabledistributable 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 (c) must take effect not less than twelve (12) months after the election is made.

Appears in 1 contract

Samples: Salary Continuation Agreement (United Bancshares Inc/Oh)

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