Common use of Discretionary Termination Clause in Contracts

Discretionary Termination. The Plan Sponsor may also terminate this Plan and make distributions provided that: (i) All plans sponsored by the Plan Sponsor that would be aggregated with any terminated arrangements under Treasury Regulations §1.409A-1(c) are terminated; (ii) No payments, other than payments that would be payable under the terms of this plan if the termination had not occurred, are made within twelve (12) months of this plan termination; (iii) All payments are made within twenty-four (24) months of this plan termination; and (iv) Neither the Plan Sponsor nor any of its affiliates adopts a new plan that would be aggregated with any terminated plan if the same Participant participated in both arrangements at any time within three (3) years following the date of termination of this Plan. (v) The termination does not occur proximate to a downturn in the financial health of the Plan Sponsor.

Appears in 12 contracts

Samples: Supplemental Executive Retirement Plan (Community Financial Corp /Md/), Supplemental Executive Retirement Plan (Community Financial Corp /Md/), Supplemental Executive Retirement Plan (Community Financial Corp /Md/)

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Discretionary Termination. The Plan Sponsor may also terminate this Plan and make distributions provided that: (i) All plans sponsored by the Plan Sponsor that would be aggregated with any terminated arrangements under Treasury Regulations §1.409A-1(c1.409A-l(c) are terminated; (ii) No payments, other than payments that would be payable under the terms of this plan Plan if the termination had not occurred, are made within twelve (12) months of this plan Plan termination; (iii) All payments are made within twenty-four (24) months of this plan Plan termination; and; (iv) Neither the Plan Sponsor nor any of its affiliates adopts a new plan that would be aggregated with any terminated plan if the same Participant participated in both arrangements at any time within three (3) years following the date of termination of this Plan.; and (v) The termination does not occur proximate to a downturn in the financial health of the Plan Sponsor.

Appears in 6 contracts

Samples: Supplemental Executive Retirement Plan (Community Financial Corp /Md/), Supplemental Executive Retirement Plan (Community Financial Corp /Md/), Supplemental Executive Retirement Plan (Community Financial Corp /Md/)

Discretionary Termination. The Plan Sponsor may also terminate this Plan and make distributions provided that: (i) All plans sponsored by the Plan Sponsor that would be aggregated with any terminated arrangements under Treasury Regulations §1.409A-1(c1.409A-l(c) are terminated; (ii) No payments, other than payments that would be payable under the terms of this plan Plan if the termination had not occurred, are made within twelve (12) months of this plan Plan termination; (iii) All payments are made within twenty-four (24) months of this plan Plan termination; and (iv) Neither the Plan Sponsor nor any of its affiliates adopts a new plan that would be aggregated with any terminated plan if the same Participant participated in both arrangements at any time within three (3) years following the date of termination of this Plan. (v) The termination does not occur proximate to a downturn in the financial health of the Plan Sponsor.

Appears in 5 contracts

Samples: Supplemental Executive Retirement Plan (Southern National Bancorp of Virginia Inc), Supplemental Executive Retirement Plan (Southern National Bancorp of Virginia Inc), Supplemental Executive Retirement Plan (Southern National Bancorp of Virginia Inc)

Discretionary Termination. The Plan Sponsor may also terminate this Plan and make distributions Plan, provided that: (i) All plans sponsored by the Plan Sponsor that would be aggregated with any terminated arrangements under Treasury Regulations §1.409A-1(c1.409A-l(c) are terminated; (ii) No payments, other than payments that would be payable under the terms of this plan Plan if the termination had not occurred, are made within twelve (12) months of this plan Plan termination; (iii) All payments are made within twenty-four (24) months of this plan Plan termination; and; (iv) Neither the Plan Sponsor nor any of its affiliates adopts a new plan that would be aggregated with any terminated plan if the same Participant participated in both arrangements at any time within three (3) years following the date of termination of this Plan.; and (v) The termination does not occur proximate to a downturn in the financial health of the Plan Sponsor.

Appears in 4 contracts

Samples: Supplemental Executive Retirement Plan (Community Financial Corp /Md/), Supplemental Executive Retirement Plan (Community Financial Corp /Md/), Supplemental Executive Retirement Plan (Community Financial Corp /Md/)

Discretionary Termination. The Plan Sponsor may also terminate this Plan and make distributions provided that: (i) All plans sponsored by the Plan Sponsor that would be aggregated with any terminated arrangements under Treasury Regulations §1.409A-1(c) are terminated; (ii) No payments, other than payments that would be payable under the terms of this plan if the termination had not occurred, are made within twelve Twelve (12) months of this plan termination; (iii) All payments are made within twenty-four (24) months of this plan termination; and (iv) Neither the Plan Sponsor nor any of its affiliates adopts a new plan that would be aggregated with any terminated plan if the same Participant participated in both arrangements at any time within three (3) years following the date of termination of this Plan. (v) The termination does not occur proximate to a downturn in the financial health of the Plan Sponsor.

Appears in 3 contracts

Samples: Supplemental Executive Retirement Plan (Community Financial Corp /Md/), Supplemental Executive Retirement Plan (Frederick County Bancorp Inc), Supplemental Executive Retirement Plan (Frederick County Bancorp Inc)

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Discretionary Termination. The Plan Sponsor may also terminate this Plan and make distributions provided that: (i) All plans sponsored by the Plan Sponsor that would be aggregated with any terminated arrangements under Treasury Regulations §1.409A-1(c) are terminated; (ii) No payments, other than payments that would be payable under the terms of this plan Plan if the termination had not occurred, are made within twelve (12) months of this plan Plan termination; (iii) All payments are made within twenty-four (24) months of this plan Plan termination; and (iv) Neither the Plan Sponsor nor any of its affiliates adopts a new plan that would be aggregated with any terminated plan if the same Participant participated in both arrangements at any time within three (3) years following the date of termination of this Plan. (v) The termination does not occur proximate to a downturn in the financial health of the Plan Sponsor.

Appears in 3 contracts

Samples: Supplemental Executive Retirement Plan (Community Financial Corp /Md/), Supplemental Executive Retirement Plan (Community Financial Corp /Md/), Supplemental Executive Retirement Plan (Community Financial Corp /Md/)

Discretionary Termination. The Plan Sponsor may also terminate this Plan and make distributions provided that: (i) All plans sponsored by the Plan Sponsor that would be aggregated with any terminated arrangements under Treasury Regulations §1.409A-1(c1.409A-l(c) are terminated; (ii) No payments, other than payments that would be payable under the terms of this plan Plan if the termination had not occurred, are made within twelve (12) months of this plan Plan termination; (iii) All payments are made within twenty-four (24) months of this plan Plan termination; and; (iv) Neither the Plan Sponsor nor any of its affiliates adopts a new plan that would be aggregated with any terminated plan if the same Participant participated in both arrangements at any time within three (3) years following the date of termination of this Plan; and. (v) The termination does not occur proximate to a downturn in the financial health of the Plan Sponsor.

Appears in 1 contract

Samples: Supplemental Executive Retirement Plan (Community Financial Corp /Md/)

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