Deferred Payments. If following a termination of the Employee, the aggregate payments to be made by the Bank under this Agreement and all other plans or arrangements maintained by the Company or any of the Consolidated Subsidiaries would exceed the limitation on deductible compensation contained in Code Section 162(m) in any calendar year, any such amounts in excess of such limitation shall be mandatorily deferred (without interest) to a calendar year such that the amount to be paid to the Employee in such calendar year, including deferred amounts, does not exceed such limitation, provided, however, that such deferral shall not extend past when the deferred amount must be paid pursuant to Section 409A.
Appears in 3 contracts
Samples: Employment Agreement (ViewPoint Financial Group Inc.), Executive Employment Agreement (ViewPoint Financial Group Inc.), Executive Employment Agreement (ViewPoint Financial Group)
Deferred Payments. If following a termination of the Employee, the aggregate payments to be made by the Bank under this Agreement and all other plans or arrangements maintained by the Company or any of the Consolidated Subsidiaries would exceed the limitation on deductible compensation contained in Code Section 162(m) of the Code in any calendar year, any such amounts in excess of such limitation shall be mandatorily deferred (without interest) with interest thereon at 4.0% per annum to a calendar year such that the amount to be paid to the Employee in such calendar year, including deferred amounts, does not exceed such limitation, provided, however, that such deferral shall not extend past when the deferred amount must be paid pursuant to Section 409A.
Appears in 3 contracts
Samples: Change in Control Severance Agreement (First Financial Northwest, Inc.), Change in Control Severance Agreement (First Financial Northwest, Inc.), Involuntary Termination Agreement (First Financial Northwest, Inc.)
Deferred Payments. If following a termination of the Employee, the aggregate payments to be made by the Savings Bank under this Agreement and all other plans or arrangements maintained by the Company or any of the Consolidated Subsidiaries would exceed the limitation on deductible compensation contained in Code Section 162(m) of the Code in any calendar year, any such amounts in excess of such limitation shall be mandatorily deferred (without interest) with interest thereon at 4.0% per annum to a calendar year such that the amount to be paid to the Employee in such calendar year, including deferred amounts, does not exceed such limitation, provided, however, that such deferral shall not extend past when the deferred amount must be paid pursuant to Section 409A.
Appears in 3 contracts
Samples: Change in Control Severance Agreement (First Financial Northwest, Inc.), Change in Control Severance Agreement (First Financial Northwest, Inc.), Change in Control Severance Agreement (First Financial Northwest, Inc.)
Deferred Payments. If following a termination of the Employee, the aggregate payments to be made by the Savings Bank under this Agreement and all other plans or arrangements maintained by the Company or any of the Consolidated Subsidiaries would exceed the limitation on deductible compensation contained in Code Section 162(m) of the Code in any calendar year, any such amounts in excess of such limitation shall be mandatorily deferred (without interest) with interest thereon at 8.0% per annum to a calendar year such that the amount to be paid to the Employee in such calendar year, including deferred amounts, does not exceed such limitation, provided, however, that such deferral shall not extend past when the deferred amount must be paid pursuant to Section 409A.409A of the Code and the regulations thereunder.
Appears in 1 contract
Samples: Change in Control Severance Agreement (First Financial Northwest, Inc.)
Deferred Payments. If following a termination of the Employee, the aggregate payments to be made by the Bank under this Agreement and all other plans or arrangements maintained by the Company or any of the Consolidated Subsidiaries would exceed the limitation on deductible compensation contained in Code Section 162(m) of the Code in any calendar year, any such amounts in excess of such limitation shall be mandatorily deferred (without interest) with interest thereon at 8.0% per annum to a calendar year such that the amount to be paid to the Employee in such calendar year, including deferred amounts, does not exceed such limitation, provided, however, that such deferral shall not extend past when the deferred amount must be paid pursuant to Section 409A.
Appears in 1 contract
Samples: Change in Control Severance Agreement (Anchor Bancorp)
Deferred Payments. If following a termination of the EmployeeExecutive, the aggregate payments to be made by the Bank under this Agreement and all other plans or arrangements maintained by the Company or any of the Consolidated Subsidiaries would exceed the limitation on deductible compensation contained in Code Section 162(m) of the Code in any calendar year, any such amounts in excess of such limitation shall be mandatorily deferred (without interest) with interest thereon at 7.0 per annum to a calendar year such that the amount to be paid to the Employee Executive in such calendar year, including deferred amounts, does not exceed such limitation, provided, however, that such deferral shall not extend past when the deferred amount must be paid pursuant to Section 409A.409A of the Code and the regulations thereunder.
Appears in 1 contract
Samples: Change in Control Severance Agreement (Alaska Pacific Bancshares Inc)