Common use of ESOP; Contributions Clause in Contracts

ESOP; Contributions. The ESOP and the Borrower have been duly created, organized and maintained by the Lender in compliance with all applicable laws, regulations and rulings. The ESOP qualifies as an "employee stock ownership plan" as defined in section 4975(e) (7) the Code. The ESOP provides that the Lender may make contributions to the ESOP in an amount necessary to enable the Trustee to amortize the Loan in accordance with the terms of the Promissory Note and this Loan Agreement, and the Lender will make such contributions; PROVIDED, HOWEVER, that no such contributions shall be required if they would adversely affect the qualification of the ESOP under section 401(a) of the Code.

Appears in 2 contracts

Samples: Loan Agreement (Big Foot Financial Corp), Loan Agreement (Home Bancorp of Elgin Inc)

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ESOP; Contributions. The ESOP and the Borrower have been duly created, organized and maintained by the Lender in compliance with all applicable laws, regulations and rulings. The ESOP qualifies as an "employee stock ownership plan" as defined in section 4975(e) (74975(e)(7) the Code. The EXHIBIT 10.28 ESOP provides that the Lender may make contributions to the ESOP in an amount necessary to enable the Trustee to amortize the Loan in accordance with the terms of the Amended and Restated Promissory Note and this Amended and Restated Loan Agreement, and the Lender will make such contributions; PROVIDEDprovided, HOWEVERhowever, that no such contributions shall be required if to the extent they would adversely affect the qualification of the ESOP under section 401(a) of the Code.

Appears in 1 contract

Samples: Loan Agreement (Hudson City Bancorp Inc)

ESOP; Contributions. The ESOP and the Borrower have been duly created, organized and maintained by the Lender in compliance with all applicable laws, regulations and rulings. The ESOP qualifies as an "employee stock ownership plan" as defined in section 4975(e) (74975(e)(7) the Code. The ESOP provides that the Lender may make contributions to the ESOP in an amount necessary to enable the Trustee to amortize the Loan in accordance with the terms of the Promissory Note and this Loan Agreement, and the Lender will shall make such contributions; PROVIDEDprovided, HOWEVERhowever, that no such contributions shall be required if they would adversely affect the qualification of the ESOP under section 401(a) of the Code.

Appears in 1 contract

Samples: Loan Agreement (Green Mountain Coffee Inc)

ESOP; Contributions. The ESOP and the Borrower have been duly created, organized and maintained by the Lender Bank in compliance with all applicable laws, regulations and rulings. The ESOP qualifies as an "employee stock ownership plan" as defined in section 4975(e) (7) the Code. The ESOP provides that the Lender Bank may make contributions to the ESOP in an amount necessary to enable the Trustee to amortize the Loan in accordance with the terms of the Promissory Note and this Loan Agreement, and the Lender Bank will make such contributions; PROVIDEDprovided, HOWEVERhowever, that no such contributions shall be required if they would adversely affect the qualification of the ESOP under section 401(a) of the Code.

Appears in 1 contract

Samples: Loan Agreement (North Central Bancshares Inc)

ESOP; Contributions. The ESOP and the Borrower have been duly created, organized and maintained by the Lender in compliance with all applicable laws, regulations and rulings. The ESOP qualifies as an "employee stock ownership plan" as defined in section 4975(e) (74975(e)(7) the Code. The ESOP provides that the Lender may make contributions to the ESOP in an amount necessary to enable the Trustee to amortize the Loan in accordance with the terms of the Promissory Note and this Loan Agreement, and the Lender will make such contributions; PROVIDEDprovided, HOWEVERhowever, that no such contributions shall be required if they would adversely affect the qualification of the ESOP under section 401(a) of the Code.

Appears in 1 contract

Samples: Loan Agreement (Westfield Financial Inc)

ESOP; Contributions. The ESOP and the Borrower have been duly created, organized and maintained by the Lender in compliance with all applicable laws, regulations and rulings. The ESOP qualifies as an "employee stock ownership plan" as defined in section 4975(e) (74975(e)(7) the Code. The ESOP provides that the Lender may make contributions to the ESOP in an amount necessary to enable the Trustee to amortize the Loan in accordance with the terms of the Promissory Note and this Loan Agreement, and the Lender will make such contributions; PROVIDED, HOWEVER, that no such contributions shall be required if they would adversely affect the qualification of the ESOP under section 401(a) of the Code.

Appears in 1 contract

Samples: Loan Agreement (Warwick Community Bancorp Inc)

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ESOP; Contributions. The ESOP and the Borrower have been duly created, organized and maintained by the Lender in compliance with all applicable laws, regulations and rulings. The ESOP qualifies 12 as an "employee stock ownership plan" as defined in section 4975(e) (74975(e)(7) the Code. The ESOP provides that the Lender may make contributions to the ESOP in an amount necessary to enable the Trustee to amortize the Loan in accordance with the terms of the Promissory Note and this Loan Agreement, and the Lender will make such contributions; PROVIDEDprovided, HOWEVERhowever, that no such contributions shall be required if they would adversely affect the qualification of the ESOP under section 401(a) of the Code.

Appears in 1 contract

Samples: Loan Agreement (Warwick Community Bancorp Inc)

ESOP; Contributions. The ESOP and the Borrower have been duly created, organized and maintained by the Lender in compliance with all applicable laws, regulations and rulings. The ESOP qualifies as an "employee stock ownership plan" as defined in section 4975(e) (7) the Code. The ESOP provides that the Lender may make contributions to the ESOP in an amount necessary to enable the Trustee to amortize the Loan in accordance with the terms of the Promissory Note and this Loan Agreement, and the Lender will make such contributions; PROVIDEDprovided, HOWEVERhowever, that no such contributions shall be required if they would adversely affect the qualification of the ESOP under section 401(a) of the Code.

Appears in 1 contract

Samples: Loan Agreement (Hudson City Bancorp Inc)

ESOP; Contributions. The ESOP and the Borrower have been duly created, organized and maintained by the Lender in compliance with all applicable laws, regulations and rulings. The ESOP qualifies is intended to qualify as an "employee stock ownership plan" as defined in section 4975(e) (74975(e)(7) the Code. The ESOP provides that the Lender Company may make contributions to the ESOP in an amount necessary to enable the Trustee to amortize the Loan in accordance with the terms of the Promissory ESOP Note and this ESOP Loan Agreement, and the Lender will Company shall make such contributions; PROVIDEDprovided, HOWEVERhowever, that no such contributions shall be required if they would adversely affect the qualification of the ESOP under section 401(a) of the Code or they would be non-deductible under section 404 of the Code.

Appears in 1 contract

Samples: Esop Loan Agreement (Espey MFG & Electronics Corp)

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