Effect of Complete Termination. Notwithstanding anything to the contrary in Section 8.3, and subject to the requirements of Code Section 409A and Treasury Regulations §1.409A-3(j)(4)(ix), the Employer may completely terminate and liquidate the Agreement in accordance with subsections (a), (b) or (c) below. In the event of such a complete termination in accordance with subsection (a), the Employer shall pay the Executive the Deferral Account balance. In the event of such a complete termination in accordance with subsection (b) or (c), the Employer shall pay the Executive the Deferral Account balance, plus an additional amount equal to the Contributions remaining to be made in accordance with Article 2 provided, however, that no earnings per share requirement shall apply. In any event, such complete termination of the Agreement shall occur only under the following circumstances and conditions.
Appears in 8 contracts
Samples: Deferred Compensation Agreement (Peapack Gladstone Financial Corp), Deferred Compensation Agreement (Peapack Gladstone Financial Corp), Deferred Compensation Agreement (Peapack Gladstone Financial Corp)
Effect of Complete Termination. Notwithstanding anything to the contrary in Section 8.3, and subject to the requirements of Code Section 409A and Treasury Regulations §1.409A-3(j)(4)(ix), at certain times the Employer may completely terminate and liquidate benefits payable pursuant to this Agreement. In the Agreement in accordance with subsections event of a complete termination pursuant to subsection (a), (b) or (c) below. In the event of such a complete termination in accordance with subsection (a), the Employer shall pay the Executive the Deferral Account balance. In the event of such a complete termination in accordance with pursuant to subsection (b) or (c)below, the Employer shall pay the Executive the Present Value of the Deferral Account balanceAccount, plus an additional amount equal to the Contributions remaining to be made calculated as described in accordance with Article 2 provided, however, that no earnings per share requirement shall applySection 4.4 hereof. In any event, such complete termination of the Agreement shall occur only under the following circumstances and conditions.
Appears in 3 contracts
Samples: Supplemental Executive Retirement Plan (PB Bankshares, Inc.), Supplemental Executive Retirement Plan (PB Bankshares, Inc.), Supplemental Executive Retirement Plan (PB Bankshares, Inc.)
Effect of Complete Termination. Notwithstanding anything to the contrary in Section 8.39.3, and subject to the requirements of Code Section 409A and Treasury Regulations §1.409A-3(j)(4)(ix), the Employer may completely terminate and liquidate the Agreement in accordance with subsections (a), (b) or (c) below. In the event of such a complete termination in accordance with subsection (a), the Employer shall pay the Executive the Deferral Account balance. In the event of such a complete termination in accordance with subsection (b) or (c), the Employer shall pay the Executive the Deferral Account balance, plus an additional amount equal to the Contributions remaining to be made in accordance with Article 2 provided, however, that no earnings per share requirement shall apply. In any event, such complete termination of the Agreement shall occur only under the following circumstances and conditions.any
Appears in 2 contracts
Samples: Deferred Compensation Agreement (Peapack Gladstone Financial Corp), Deferred Compensation Agreement (Peapack Gladstone Financial Corp)
Effect of Complete Termination. Notwithstanding anything to the contrary in Section 8.39.3, and subject to the requirements of Code Section 409A and Treasury Regulations §1.409A-3(j)(4)(ix), the Employer may completely terminate and liquidate the Agreement in accordance with subsections (a), (b) or (c) below. In the event of such a complete termination in accordance with subsection (a), the Employer shall pay the Executive the Deferral Account balance. In the event of such a complete termination in accordance with subsection (b) or (c), the Employer shall pay the Executive the Deferral Account balance, plus an additional amount equal to the Contributions remaining to be made in accordance with Article 2 provided, however, that no earnings per share requirement shall apply. In any event, such complete termination of the Agreement shall occur only under the following circumstances and conditions.
Appears in 1 contract
Samples: Deferred Compensation Agreement (Peapack Gladstone Financial Corp)