Even if. a Change in Control shall occur during the term of this Agreement, Executive shall not have the right to receive termination benefits pursuant to Section 3 upon termination of employment for Cause. Termination for "Cause" shall mean termination because of Executive's personal dishonesty, incompetence, willful misconduct, breach of fiduciary duty involving personal profit, material breach of the Bank's Code of Ethics, material violation of the Sarbanes-Oxley requirementx xxx xxxxxxxs of public companies, if applicable, that in the reasonable opinion of the Chief Executive Officer will likely cause substantial financial harm or substantial injury to the reputation of the Bank of any holding company of the Bank, willfully engaging in actions that in the reasonable opinion of the Chief Executive Officer will likely cause substantial financial harm or substantial injury to the business reputation of the Bank, intentional failure to perform stated duties, willful violation of any law, rule or regulation (other than routine traffic violations or similar offenses) or final cease-and-desist order, or material breach of any provision of this Agreement.
Appears in 5 contracts
Samples: Change in Control Agreement (Beacon Federal Bancorp, Inc.), Change in Control Agreement (Beacon Federal Bancorp, Inc.), Change in Control Agreement (Beacon Federal Bancorp, Inc.)