Common use of Delayed Distribution to Key Employees Clause in Contracts

Delayed Distribution to Key Employees. If the Company determines in accordance with Sections 409A and 416(i) of the Code and the regulations promulgated thereunder, in the Company’s sole discretion, that the Executive is a Key Employee of the Company on the date the Executive’s employment with the Company terminates and that a delay in benefits provided under this Agreement is necessary to comply with Code Section 409A(A)(2)(B)(i), then any severance payments and any continuation of benefits or reimbursement of benefit costs provided by this Agreement, and not otherwise exempt from Section 409A, shall be delayed for a period of six (6) months following the date of termination of the Executive’s employment (the “409A Delay Period”). In such event, any severance payments and the cost of any continuation of benefits provided under this Agreement that would otherwise be due and payable to the Executive during the 409A Delay Period shall be paid to the Executive in a lump sum cash amount in the month following the end of the 409A Delay Period. For purposes of this Agreement, “Key Employee” shall mean an employee who, on an Identification Date (“Identification Date” shall mean each December 31) is a key employee as defined in Section 416(i) of the Code without regard to paragraph (5) thereof. If the Executive is identified as a Key Employee on an Identification Date, then the Executive shall be considered a Key Employee for purposes of this Agreement during the period beginning on the first April 1 following the Identification Date and ending on the following March 31.

Delayed Distribution to Key Employees. If the Company determines in accordance with Sections 409A and 416(i) of the Internal Revenue Code of 1986, as amended, and the regulations promulgated thereunder, in the Company’s sole discretion, that the Executive Employee is a Key Employee of the Company on the date the ExecutiveEmployee’s employment with the Company terminates and that a delay in benefits provided under this Agreement is necessary to comply with Code Section 409A(A)(2)(B)(i), then any severance payments and any continuation of benefits or reimbursement of benefit costs provided by this Agreement, and not otherwise exempt from Section 409A, shall be delayed for a period of six (6) months following the date of termination of the ExecutiveEmployee’s employment (the “409A Delay Period”). In such event, any severance payments and the cost of any continuation of benefits provided under this Agreement that would otherwise be due and payable to the Executive Employee during the 409A Delay Period shall be paid to the Executive Employee in a lump sum cash amount in the month following the end of the 409A Delay Period. For purposes of this Agreement, “Key Employee” shall mean an employee who, on an Identification Date (“Identification Date” shall mean each December 31) is a key employee as defined in Section 416(i) of the Code without regard to paragraph (5) thereof. If the Executive Employee is identified as a Key Employee on an Identification Date, then the Executive Employee shall be considered a Key Employee for purposes of this Agreement during the period beginning on the first April 1 following the Identification Date and ending on the following March 31.

Delayed Distribution to Key Employees. If the Company determines Corporation determines, in accordance with Sections 409A and 416(i) of the Code and the regulations promulgated thereunder, in the CompanyCorporation’s sole discretion, that the Executive Employee is a Key Employee of the Company Corporation on the date the Executive’s her employment with the Company Corporation terminates and that a delay in severance pay and benefits provided under this Agreement is necessary to comply for compliance with Code Section 409A(A)(2)(B)(i409A(a)(2)(B)(i), then any severance payments and any continuation of benefits or reimbursement of benefit costs provided by under this Agreement, Agreement and not otherwise exempt from Section 409A, 409A shall be delayed for a period of six (6) months following the date of termination of the Executive’s employment (the “409A Delay Period”). In such event, any such severance payments and the cost of any such continuation of benefits provided under this Agreement that would otherwise be due and payable to the Executive Employee during the 409A Delay Period shall be paid to the Executive Employee in a lump sum cash amount in the month following the end of the 409A Delay Period. For purposes of this Agreement, “Key Employee” shall mean an employee who, on an Identification Date (“Identification Date” shall mean each December 31) is a key employee as defined in Section 416(i) of the Code without regard to paragraph (5) thereofof that section. If the Executive Employee is identified as a Key Employee on an Identification Date, then the Executive Employee shall be considered a Key Employee for purposes of this Agreement during the period beginning on the first April 1 following the Identification Date and ending on the following March 31.

Delayed Distribution to Key Employees. If the Company determines in accordance with Sections 409A and 416(i) of the Code and the regulations promulgated thereunder, in the Company’s sole discretion, that the Executive is a Key Employee of the Company on the date the Executive’s his/her employment with the Company terminates and that a delay in benefits provided under this Amended Employment Agreement is necessary to comply with Code Section 409A(A)(2)(B)(i), then any severance payments and any continuation of benefits or reimbursement of benefit costs provided by this Amended Employment Agreement, and not otherwise exempt from Section 409A, shall be delayed for a period of six (6) months following the date of termination of the Executive’s employment (the “409A Delay Period”). In such event, any severance payments and the cost of any continuation of benefits provided under this Amended Employment Agreement that would otherwise be due and payable to the Executive during the 409A Delay Period shall be paid to the Executive in a lump sum cash amount in the month following the end of the 409A Delay Period. For purposes of this Amended Employment Agreement, “Key Employee” shall mean an employee who, on an Identification Date (“Identification Date” shall mean each December 31) is a key employee as defined in Section 416(i) of the Code without regard to paragraph (5) thereof. If the Executive is identified as a Key Employee on an Identification Date, then the Executive shall be considered a Key Employee for purposes of this Amended Employment Agreement during the period beginning on the first April 1 following the Identification Date and ending on the following March 31.”

Delayed Distribution to Key Employees. If the Company Bank determines in accordance with Sections 409A and 416(i) of the Code and the regulations promulgated thereunder, in the CompanyBank’s sole discretion, that the Executive Employee is a Key Employee of the Company Bank on the date the Executive’s his employment with the Company Bank terminates and that a delay in benefits provided under this Agreement is necessary to comply with Code Section 409A(A)(2)(B)(i), then any severance payments and any continuation of benefits or reimbursement of benefit costs provided by this Agreement, and not otherwise exempt from Section 409A, shall be delayed for a period of six (6) months following the date of termination of the ExecutiveEmployee’s employment (the “409A Delay Period”). In such event, any severance payments and the cost of any continuation of benefits provided under this Agreement that would otherwise be due and payable to the Executive Employee during the 409A Delay Period shall be paid to the Executive Employee in a lump sum cash amount in the month following the end of the 409A Delay Period. For purposes of this Agreement, “Key Employee” shall mean an employee who, on an Identification Date (“Identification Date” shall mean each December 31) is a key employee as defined in Section 416(i) of the Code without regard to paragraph (5) thereof. If the Executive Employee is identified as a Key Employee on an Identification Date, then the Executive Employee shall be considered a Key Employee for purposes of this Agreement during the period beginning on the first April 1 following the Identification Date and ending on the following March 31.

Delayed Distribution to Key Employees. If the Company Bank determines in accordance with Sections 409A and 416(i) of the Code and the regulations promulgated thereunder, in the CompanyBank’s sole discretion, that the Executive Employee is a Key Employee of the Company Bank on the date the Executive’s her employment with the Company Bank terminates and that a delay in benefits provided under this Agreement is necessary to comply with Code Section 409A(A)(2)(B)(i), then any severance payments and any continuation of benefits or reimbursement of benefit costs provided by this Agreement, and not otherwise exempt from Section 409A, shall be delayed for a period of six (6) months following the date of termination of the ExecutiveEmployee’s employment (the “409A Delay Period”). In such event, any severance payments and the cost of any continuation of benefits provided under this Agreement that would otherwise be due and payable to the Executive Employee during the 409A Delay Period shall be paid to the Executive Employee in a lump sum cash amount in the month following the end of the 409A Delay Period. For purposes of this Agreement, “Key Employee” shall mean an employee who, on an Identification Date (“Identification Date” shall mean each December 31) is a key employee as defined in Section 416(i) of the Code without regard to paragraph (5) thereof. If the Executive Employee is identified as a Key Employee on an Identification Date, then the Executive Employee shall be considered a Key Employee for purposes of this Agreement during the period beginning on the first April 1 following the Identification Date and ending on the following March 31.

Delayed Distribution to Key Employees. If the Company Bank determines in accordance with Sections 409A and 416(i) of the Code and the regulations promulgated thereunder, in the CompanyBank’s sole discretion, that the Executive Employee is a Key Employee of the Company Bank on the date the Executive’s his employment with the Company Bank terminates and that a delay in benefits provided under this Agreement is necessary to comply with Code Section 409A(A)(2)(B)(i), then any severance payments and any continuation of benefits or reimbursement of benefit costs provided by this Agreement, and not otherwise exempt from Section 409A, shall be delayed for a period of six (6) months following the date of termination of the ExecutiveEmployee’s employment (the “409A Delay Period”). In such event, any severance payments and the cost of any continuation of benefits provided under this Agreement that would otherwise be due and payable to the Executive Employee during the 409A Delay Period shall be paid to the Executive Employee in a lump sum cash amount in the month following the end of the 409A Delay Period. For purposes of this Agreement, “Key Employee” shall mean an employee who, on an Identification Date (“Identification Date” shall mean each December 31) is a key employee as defined in Section 416(i) of the Code without regard to paragraph (5) thereof. If the Executive Employee is identified as a Key Employee on an Identification Date, then the Executive Employee shall be considered a Key Employee for purposes of this Agreement during the period beginning on the first April 1 following the Identification Date and ending on the following March 31.

Delayed Distribution to Key Employees. If the Company determines Corporation determines, in accordance with Sections 409A and 416(iSection 409A(a)(2)B)(i) of the Code and the regulations promulgated thereunder, in the CompanyCorporation’s sole discretion, that the Executive is a Key Employee specified employee of the Company Corporation on the date the Executive’s employment of his separation from service with the Company terminates Corporation and that a delay in severance pay and benefits provided under this Agreement is necessary to comply for compliance with Code Section 409A(A)(2)(B)(i409A(a)(2)(B)(i), then any severance payments and any continuation of benefits or reimbursement of benefit costs provided by under this Agreement, Agreement pursuant to such separation from service and not otherwise exempt from Section 409A, 409A (including Treasury Regulations Section 1.409A-1(b)(9)(iii)) shall be delayed for a period of six (6) months following from the date of termination of the Executive’s employment such separation from service (the “409A Delay Period”). In such event, any severance such payments and the cost of any such continuation of benefits provided under this Agreement that would otherwise be due and payable to the Executive during the 409A Delay Period shall be paid to the Executive in a lump sum cash amount in the month following the end of the 409A Delay Period. For purposes of this Agreement, “Key Employeeseparation from service” and “specified employee” shall have the meaning set forth in Treasury Regulations Section 1.409A-1(h) and (i), respectively, and, for such purpose the “identification date” shall mean an employee who, on an Identification Date (“Identification Date” shall mean each December 31) is a key employee as defined in Section 416(i) of the Code without regard to paragraph (5) thereof. If the Executive is identified as a Key Employee on an Identification Date, then the Executive shall be considered a Key Employee for purposes of this Agreement during the period beginning on the first April 1 following the Identification Date and ending on the following March 31.

Delayed Distribution to Key Employees. If the Company determines determines, in accordance with Sections 409A and 416(i) of the Code and the regulations promulgated thereunder, in the Company’s 's sole discretion, that the Executive Employee is a Key Employee of the Company on the date the Executive’s employment of his separation from service with the Company terminates and that a delay in severance pay and benefits provided under this Agreement is necessary to comply for compliance with Code Section 409A(A)(2)(B)(i409A(a)(2)(B)(i), then any severance payments and any continuation of benefits or reimbursement of benefit costs provided by under this Agreement, Agreement and not otherwise exempt from Section 409A, 409A shall be delayed for a period of six (6) months following the date of termination of the Executive’s employment (the “"409A Delay Period”"). In such event, any such severance payments and the cost of any such continuation of benefits provided under this Agreement that would otherwise be due and payable to the Executive Employee during the 409A Delay Period shall be paid to the Executive Employee in a lump sum cash amount in the month following the end of the 409A Delay Period. For purposes of this Agreement, “"Key Employee” " shall mean an employee who, on an Identification identification Date (“"Identification Date” " shall mean each December 313 1) is a key employee as defined in Section 416(i) of the Code without regard to paragraph (5) thereofof that section. If the Executive Employee is identified as a Key Employee on an Identification Date, then the Executive Employee shall be considered a Key Employee for purposes of this Agreement during the period beginning on the first April 1 following the Identification Date and ending on the following March 31.

Delayed Distribution to Key Employees. If the Company FCB determines in accordance with Sections 409A and 416(i) of the Code and the regulations promulgated thereunder, in the Company’s its sole discretion, that the Executive is a Key Employee of the Company on the date the Executive’s her employment with the Company terminates and that a delay in benefits provided under this Agreement is necessary to comply with Code Section 409A(A)(2)(B)(i), then any severance payments and any continuation of benefits or reimbursement of benefit costs payment provided by this Agreement, and not otherwise exempt from Section 409A, shall be delayed for a period of six (6) months following the date of termination of the Executive’s employment (the “409A Delay Period”). In such event, any severance payments and the cost of any continuation of benefits payment provided under this Agreement that otherwise would otherwise be due and payable to the Executive Employee during the 409A Delay Period shall be paid to the Executive Employee in a lump sum cash amount in the month following the end of the 409A Delay Period. For the purposes of this Agreement, “Key Employee” shall mean an employee who, on an Identification Date (“Identification Date” shall mean each December 31) is a key employee as defined in Section 416(i) of the Code without regard to paragraph (5) thereof. If the Executive is identified as a Key xxxxxxxxxxxxx.xxx Employee on an Identification Date, then the Executive shall be considered a Key Employee for purposes of this the Agreement during the period beginning on the first April 1 following the Identification Date and ending on the following March 31.

Delayed Distribution to Key Employees. If the Company determines in accordance with Sections 409A and 416(i) of the Code and the regulations promulgated thereunder, in the Company’s sole discretion, that the Executive Employee is a Key Employee of the Company on the date the Executive’s his employment with the Company terminates and that a delay in benefits provided under this Agreement is necessary to comply with Code Section 409A(A)(2)(B)(i), then any severance payments and any continuation of benefits or reimbursement of benefit costs provided by this Agreement, and not otherwise exempt from Section 409A, shall be delayed for a period of six (6) months following the date of termination of the ExecutiveEmployee’s employment (the “409A Delay Period”). In such event, any severance payments and the cost of any continuation of benefits provided under this Agreement that would otherwise be due and payable to the Executive Employee during the 409A Delay Period shall be paid to the Executive Employee in a lump sum cash amount in the month following the end of the 409A Delay Period. For purposes of this Agreement, “Key Employee” shall mean an employee who, on an Identification Date (“Identification Date” shall mean each December 31) is a key employee as defined in Section 416(i) of the Code without regard to paragraph (5) thereof. If the Executive Employee is identified as a Key Employee on an Identification Date, then the Executive Employee shall be considered a Key Employee for purposes of this Agreement during the period beginning on the first April 1 following the Identification Date and ending on the following March 31.

Delayed Distribution to Key Employees. If the Company Bank determines in accordance with Sections 409A and 416(i) of the Code and the regulations promulgated thereunder, in the CompanyBank’s sole discretion, that the Executive Employee is a Key Employee of the Company Bank on the date the Executive’s his employment with the Company Bank terminates and that a delay in benefits provided under this Agreement and not otherwise exempt from Section 409A is necessary to comply with Code Section 409A(A)(2)(B)(i409A(a)(2)(B)(i), then any severance payments and any continuation of benefits or reimbursement of benefit costs provided by this Agreement, and not otherwise exempt from Section 409A, Agreement shall be delayed for a period of six (6) months following the Employee’s termination date of termination of the Executive’s employment (the “409A Delay Period”). In such event, any such severance payments and the cost of any such continuation of benefits provided under this Agreement that would otherwise be due and payable to the Executive Employee during the 409A Delay Period shall be paid to the Executive Employee in a lump sum cash amount in the month following the end of the 409A Delay Period. For purposes of this AgreementSection 11, “Key Employee” shall mean an employee who, on an Identification Date (“Identification Date” shall mean each December 31) is a key employee as defined in Section 416(i) of the Code without regard to paragraph (5) thereof. If the Executive Employee is identified as a Key Employee on an Identification Date, then the Executive Employee shall be considered a Key Employee for purposes of this Agreement during the period beginning on the first April 1 following the Identification Date and ending on the following March 31.