Common use of Discretion of Board to Accelerate Payout Clause in Contracts

Discretion of Board to Accelerate Payout. Notwithstanding any of the other provisions of this Agreement, the Board of Directors of the Bank may, if determined in its sole and absolute discretion to be appropriate, accelerate the payment of the amounts due under the terms of this Agreement, provided that Executive (or Executive's spouse or designated beneficiaries): (i) consents to the revised payout terms determined appropriate by the Bank's Board of Directors; and (ii) does not negotiate or in anyway influence the terms of proposed altered/accelerated payout (said decision to be made solely by the Bank's Board of Directors and offered to the Executive [or Executive's spouse or designated beneficiaries] on a "take it or leave it basis").

Appears in 6 contracts

Samples: Continuation Agreement (Mid Peninsula Bancorp), Executive Salary Continuation Agreement (Mid Peninsula Bancorp), Executive Salary Continuation Agreement (Mid Peninsula Bancorp)

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Discretion of Board to Accelerate Payout. Notwithstanding any of the other provisions of this Agreement, the Board of Directors of the Bank or the Holding Company may, if determined in its sole and absolute discretion to be appropriate, accelerate the payment of the amounts due under the terms of this Agreement, provided that Executive (or the Executive's spouse or designated beneficiaries): : (i) consents to the revised payout terms determined appropriate by the Bank's Board of Directors; and (ii) does not negotiate or in anyway any way influence the terms of proposed altered/accelerated payout (said decision to be made solely by the Bank's Board of Directors and offered to the Executive [or Executive's spouse or designated beneficiaries] on a "take it or leave it basis").

Appears in 6 contracts

Samples: Executive Supplemental Compensation Agreement (Valley Commerce Bancorp), Executive Supplemental Compensation Agreement (Southwest Community Bancorp), Executive Supplemental Compensation Agreement (Valley Commerce Bancorp)

Discretion of Board to Accelerate Payout. Notwithstanding any of the other provisions of this Agreement, the Board of Directors of the Bank may, if determined in its sole and absolute discretion to be appropriate, accelerate the payment of the amounts due under the terms of this Agreement, provided that Executive Director (or ExecutiveDirector's spouse or designated beneficiaries): (i) consents to the revised payout terms determined appropriate by the Bank's Board of Directors; and (ii) does not negotiate or in anyway influence the terms of proposed altered/accelerated payout (said decision to be made solely by the Bank's Board of Directors and offered to the Executive Director [or ExecutiveDirector's spouse or designated beneficiaries] on a "take it or leave it basis").

Appears in 4 contracts

Samples: 55 Director Supplemental Compensation Agreement (Saratoga Bancorp), Director Indexed Compensation Benefits Agreement (Heritage Commerce Corp), 27 Director Supplemental Compensation Agreement (Saratoga Bancorp)

Discretion of Board to Accelerate Payout. Notwithstanding any of the other provisions of this Agreement, the Board of Directors of the Bank Employer or the Holding Company may, if determined in its sole and absolute discretion to be appropriate, accelerate the payment of the amounts due under the terms of this Agreement, provided that Executive (or the Executive's spouse or designated beneficiaries): : (i) consents to the revised payout terms determined appropriate by the Bank's Board of Directors; and (ii) does not negotiate or in anyway any way influence the terms of proposed altered/accelerated payout (said decision to be made solely by the Bank's Board of Directors and offered to the Executive [or Executive's spouse or designated beneficiaries] on a "take it or leave it basis").

Appears in 3 contracts

Samples: Executive Supplemental Compensation Agreement (Placer Sierra Bancshares), Executive Supplemental Compensation Agreement (Placer Sierra Bancshares), Executive Supplemental Compensation Agreement (Placer Sierra Bancshares)

Discretion of Board to Accelerate Payout. Notwithstanding any of the other provisions of this Agreement, the Board of Directors of the Bank or the Holding Company may, if determined in its sole and absolute discretion to be appropriate, accelerate the payment of the amounts due under the terms of this Agreement, provided that Executive (or the Executive's spouse or designated beneficiaries): : (i) consents to the revised payout terms determined appropriate by the Bank's Board of Directors; and (ii) does not negotiate or in anyway any way influence the terms of proposed altered/accelerated payout (said decision to be made solely by the Bank's Board of Directors and offered to the Executive [or Executive's spouse or designated beneficiaries] on a "take it or leave it basis").

Appears in 3 contracts

Samples: Executive Supplemental Compensation Agreement (Southwest Community Bancorp), Executive Supplemental Compensation Agreement (Placer Sierra Bancshares), Executive Supplemental Compensation Agreement (Placer Sierra Bancshares)

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Discretion of Board to Accelerate Payout. Notwithstanding any of the other provisions of this Agreement, the Board of Directors of the Bank or the holding Company may, if determined in its sole and absolute discretion to be appropriate, accelerate the payment of the amounts due under the terms of this Agreement, provided that Executive (or the Executive's spouse or designated beneficiaries): : (i) consents to the revised payout terms determined appropriate by the Bank's Board of Directors; and (ii) does not negotiate or in anyway any way influence the terms of proposed altered/accelerated payout (said decision to be made solely by the Bank's Board of Directors and offered to the Executive [or Executive's spouse or designated beneficiaries] on a "take it or leave it basis").

Appears in 1 contract

Samples: Executive Supplemental Compensation Agreement (Placer Sierra Bancshares)

Discretion of Board to Accelerate Payout. Notwithstanding any of the other provisions of this Agreement, the Board of Directors of the Bank may, if determined in its sole and absolute discretion to be appropriate, accelerate the payment of the amounts due under the terms of this Agreement, provided that Executive (or Executive's spouse or designated beneficiaries): that: Director (i) consents to the revised payout terms determined appropriate by the Bank's ’s Board of Directors; and (ii) does not negotiate or in anyway any way influence the terms of proposed altered/accelerated payout (said decision to be made solely by the Bank's ’s Board of Directors and offered to the Executive [or Executive's spouse or designated beneficiaries] Director on a "take it or leave it basis").

Appears in 1 contract

Samples: Director Compensation Benefits Agreement (Heritage Commerce Corp)

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