Conformance with Section 409A. At all times during each Plan Year, this Agreement shall be operated in accordance with the requirements of Section 409A. Any action that may be taken (and, to the extent possible, any action actually taken) by the Plan Administrator shall not be taken (or shall be void and without effect), if such action violates the requirements of Section 409A. Any provision in this Agreement that is determined to violate the requirements of Section 409A shall be void and without effect. In addition, any provision that is required to appear in this Agreement that is not expressly set forth shall be deemed to be set forth herein, and the Agreement shall be administered in all respects as if such provision were expressly set forth.
Appears in 6 contracts
Samples: Director Elective Income Deferral Agreement (Bank of Wilmington CORP), Director Elective Income Deferral Agreement (Bank of Wilmington CORP), Director Elective Income Deferral Agreement (Bank of Wilmington CORP)
Conformance with Section 409A. At all times during each Plan Year, Year this Agreement shall be operated administered in accordance with the requirements of Section 409A. Any action that may be taken (and, to the extent possible, any action actually taken) by the Plan Administrator or the Bank shall not be taken (or shall be void and without effect), if such that action violates the requirements of Section 409A. Any provision in this Agreement that is determined to violate the requirements of Section 409A shall be void and without effect. In addition, any provision that is required to appear in this Agreement that is not expressly set forth shall be deemed to be set forth herein, and the this Agreement shall be administered in all respects as if such provision were expressly set forthforth herein.
Appears in 1 contract
Samples: Director Elective Income Deferral Agreement (Capital Corp of the West)
