Common use of Compliance with Protective Covenants Clause in Contracts

Compliance with Protective Covenants. Notwithstanding anything to the contrary in this Agreement, in the event Executive fails or ceases to fully abide by all of the covenants contained in Agreement paragraph 9, or in the event any court of competent jurisdiction or arbitrator deems any such covenant(s) to be invalid or unenforceable as the result of a challenge by Executive, then Executive acknowledges and agrees that such circumstances shall constitute a failure of consideration and Executive shall not be entitled to any severance payments and/or benefits pursuant to Agreement paragraphs 7(b) or 7(c). If Executive has already received any such severance payments or benefits at the time he violates any such covenant or the covenants are deemed invalid as set forth in the preceding sentence, Executive acknowledges that Employers shall immediately be entitled to recover all such gross amounts in full from Executive.

Appears in 4 contracts

Samples: Employment Agreement (Atlantic Capital Bancshares, Inc.), Employment Agreement (Atlantic Capital Bancshares, Inc.), Employment Agreement (Atlantic Capital Bancshares, Inc.)

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Compliance with Protective Covenants. Notwithstanding anything to the contrary in this Agreement, in the event Executive fails or ceases to fully abide by all of the covenants contained in Agreement paragraph 9Section 10, or in the event any court of competent jurisdiction or arbitrator deems any such covenant(s) to be invalid or unenforceable as the result of a challenge by Executive, then Executive acknowledges and agrees that such circumstances shall constitute a failure of consideration and Executive shall not be entitled to Severance or any severance other post-termination payments and/or or benefits pursuant to Agreement paragraphs 7(b) Sections 6 or 7(c)7 of this Agreement. If Executive has already received any such severance Severance or post-termination payments or and benefits at the time he violates fails or ceases to fully abide by any such covenant or any court of competent jurisdiction or arbitrator deems any such covenant(s) to be invalid or unenforceable as the covenants are deemed invalid as set forth in result of a challenge by Executive, the preceding sentence, Executive acknowledges that Employers Bank shall immediately be entitled to recover all such gross amounts in full from Executive.

Appears in 3 contracts

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

Compliance with Protective Covenants. Notwithstanding anything to the contrary in this Agreement, in the event Executive fails or ceases to fully abide by all of the covenants contained in Agreement paragraph 9Section 10, or in the event any court of competent jurisdiction or arbitrator deems any such covenant(s) to be invalid or unenforceable as the result of a challenge by Executive, then Executive acknowledges and agrees that such circumstances shall constitute a failure of consideration and Executive shall not be entitled to Severance or any severance other post-termination payments and/or or benefits pursuant to Agreement paragraphs 7(b) Sections 6 or 7(c)7 of this Agreement. If Executive has already received any such severance Severance or post-termination payments or and benefits at the time he violates fails or ceases to fully abide by any such covenant or any court of competent jurisdiction or arbitrator deems any such covenant(s) to be invalid or unenforceable as the covenants are deemed invalid as set forth in result of a challenge by Executive, the preceding sentence, Executive acknowledges that Employers Employer shall immediately be entitled to recover all such gross amounts in full from Executive.

Appears in 2 contracts

Samples: Employment Agreement (Investar Holding Corp), Employment Agreement (Investar Holding Corp)

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Compliance with Protective Covenants. Notwithstanding anything to the contrary in this Agreement, in the event Executive fails or ceases to fully abide by all of the covenants contained in Agreement paragraph 9, or in the event any court of competent jurisdiction or arbitrator deems any such covenant(s) to be invalid or unenforceable as the result of a challenge by Executive, then Executive acknowledges and agrees that such circumstances shall constitute a failure of consideration and Executive shall not be entitled to any severance payments and/or benefits pursuant to Agreement paragraphs 7(b) or 7(c). If Executive has already received any such severance payments or benefits at the time he she violates any such covenant or the covenants are deemed invalid as set forth in the preceding sentence, Executive acknowledges that Employers shall immediately be entitled to recover all such gross amounts in full from Executive.

Appears in 1 contract

Samples: Employment Agreement (Atlantic Capital Bancshares, Inc.)

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