Excess Parachute or Golden Parachute Payment. Notwithstanding any provision of this Agreement to the contrary, the Company shall not pay any benefit under this Agreement to the extent the benefit would be an excess parachute payment under Section 280G of the Code or would be a prohibited golden parachute payment pursuant to 12 C.F.R. §359.2 and for which the appropriate federal banking agency has not given written consent to pay pursuant to 12 C.F.R. §359.4.
Appears in 14 contracts
Samples: Phantom Stock Agreement (BSB Bancorp, Inc.), Phantom Stock Appreciation Rights Agreement (Standard Financial Corp.), Phantom Stock Appreciation Rights Agreement (Standard Financial Corp.)
Excess Parachute or Golden Parachute Payment. Notwithstanding any provision of this Agreement to the contrary, the Company Bank shall not pay any benefit under this Agreement to the extent the benefit would be an “excess parachute payment payment” under Section 280G of the Code Code, or would be a prohibited golden parachute payment pursuant to 12 C.F.R. §359.2 and for which the appropriate federal banking agency has not given written consent to pay pursuant to 12 C.F.R. §359.4359.
Appears in 6 contracts
Samples: Split Dollar Life Insurance Agreement (Investors Bancorp Inc), Split Dollar Life Insurance Agreement (Investors Bancorp Inc), Split Dollar Life Insurance Agreement (Investors Bancorp Inc)
Excess Parachute or Golden Parachute Payment. Notwithstanding any provision of this Agreement to the contrary, the Company shall not pay any benefit under this Agreement to To the extent the benefit would be an excess parachute payment under Section 280G of the Code or would be a prohibited golden parachute payment pursuant to 12 C.F.R. §359.2 and for which the appropriate federal banking agency has not given written consent to pay pursuant to 12 C.F.R. §359.4.
Appears in 5 contracts
Samples: Director Emeritus Agreement (Riverview Financial Corp), Director Emeritus Agreement (Riverview Financial Corp), Director Emeritus Agreement (Riverview Financial Corp)
Excess Parachute or Golden Parachute Payment. Notwithstanding any provision of this Agreement to the contrary, the Company shall not pay any benefit under this Agreement to the extent the benefit would be an excess parachute payment under Section 280G of the Code or would be a prohibited golden parachute payment pursuant to 12 C.F.R. §359.2 C.F.R.ss.359.2 and for which the appropriate federal banking agency has not given written consent to pay pursuant to 12 C.F.R. §359.4C.F.R.ss.359.
Appears in 5 contracts
Samples: Excess Benefit Plan Agreement (Home Federal Bancorp), Supplemental Executive Retirement Plan Agreement (Home Federal Bancorp), Supplemental Executive Retirement Plan Agreement (Home Federal Bancorp)
Excess Parachute or Golden Parachute Payment. Notwithstanding any provision of this Agreement to the contrary, the Company shall not pay any benefit under this Agreement to the extent the benefit would be an excess parachute payment under Section 280G of the Code or would be a prohibited golden parachute payment pursuant to 12 C.F.R. §359.2 C.F.R.ss.357.2 and for which the appropriate federal banking agency has not given written consent to pay pursuant to 12 C.F.R. §359.4C.F.R.ss.359.
Appears in 4 contracts
Samples: Salary Continuation Agreement (Norwood Financial Corp), Salary Continuation Agreement (Norwood Financial Corp), Salary Continuation Agreement (Norwood Financial Corp)
Excess Parachute or Golden Parachute Payment. Notwithstanding any provision of this Agreement to the contrary, the Company Bank shall not pay any benefit under this Agreement to the extent the benefit would be an excess parachute payment under Section 280G of the Code or would be a prohibited golden parachute payment pursuant to 12 C.F.R. §359.2 and for which the appropriate federal banking agency has not given written consent to pay pursuant to 12 C.F.R. §359.4. However, upon written request by the Executive, the Bank shall file a written request for payment to the appropriate federal banking agency.
Appears in 3 contracts
Samples: Supplemental Executive Retirement Agreement, Supplemental Executive Retirement Agreement (Farmers & Merchants Bancshares, Inc.), Supplemental Executive Retirement Agreement (Farmers & Merchants Bancshares, Inc.)
Excess Parachute or Golden Parachute Payment. Notwithstanding any provision of this Agreement to the contrary, the Company Bank shall not pay any benefit under this Agreement to the extent the benefit would be an excess parachute payment under Section 280G of the Code or would be a prohibited golden parachute payment pursuant to 12 C.F.R. §359.2 ss.359.2 and for which the appropriate federal banking agency has not given written consent to pay pursuant to 12 C.F.R. §359.4ss.359.
Appears in 3 contracts
Samples: Phantom Stock Appreciation Rights Agreement (Roma Financial Corp), Director Retirement Agreement (Juniata Valley Financial Corp), Supplemental Executive Retirement Plan Agreement (Roma Financial Corp)
Excess Parachute or Golden Parachute Payment. Notwithstanding any provision of this Agreement to the contrary, the Company shall not pay any benefit under this Agreement to the extent the benefit would be an excess parachute payment under Section 280G of the Code or would be a prohibited golden parachute payment pursuant to 12 C.F.R. §359.2 ss.359.2 and for which the appropriate federal banking agency has not given written consent to pay pursuant to 12 C.F.R. §359.4ss.359.
Appears in 2 contracts
Samples: Director Agreement (Se Financial Corp), Incentive Retirement Agreement (Se Financial Corp)
Excess Parachute or Golden Parachute Payment. Notwithstanding any provision of this Agreement to the contrary, the Company Bank shall not pay distribute any benefit under this Agreement to the extent the benefit would be an excess parachute payment under Section 280G 280(G) of the Code or would be a prohibited golden parachute payment pursuant to 12 C.F.R. §359.2 and for which the appropriate federal banking agency has not given written consent to pay pursuant to 12 C.F.R. C.C.R. §359.4.
Appears in 2 contracts
Samples: Salary Continuation Agreement (Juniata Valley Financial Corp), Salary Continuation Agreement (Juniata Valley Financial Corp)
Excess Parachute or Golden Parachute Payment. Notwithstanding any provision of this Agreement to the contrary, the Company shall not pay any benefit provided under this Agreement shall be forfeited to the extent the benefit would be an excess parachute payment under Section 280G of the Code or would be a prohibited golden parachute payment pursuant to 12 C.F.R. §Section 359.2 and for which the appropriate federal banking agency has not given written consent to pay pursuant to 12 C.F.R. §Section 359.4.
Appears in 2 contracts
Samples: Director Split Dollar Agreement (Juniata Valley Financial Corp), Director Split Dollar Agreement (Juniata Valley Financial Corp)
Excess Parachute or Golden Parachute Payment. Notwithstanding any provision of this Agreement to the contrary, the Company Corporation shall not pay any benefit under this Agreement to the extent the benefit would be an excess a parachute payment under Section 280G of the Code or would be a prohibited golden parachute payment pursuant to 12 C.F.R. §359.2 and for which the appropriate federal banking agency has not given written consent to pay pursuant to 12 C.F.R. §359.4.
Appears in 2 contracts
Samples: Director Retirement Agreement (Esb Financial Corp), Director Retirement Agreement (Esb Financial Corp)
Excess Parachute or Golden Parachute Payment. Notwithstanding any provision of this Agreement to the contrary, the Company Bank shall not pay any benefit under this Agreement to the extent the benefit would be an excess a parachute payment under Section 280G of the Code or would be a prohibited golden parachute payment pursuant to 12 C.F.R. §359.2 and for which the appropriate federal banking agency has not given written consent to pay pursuant to 12 C.F.R. §359.4.
Appears in 2 contracts
Samples: Director Retirement Agreement (Esb Financial Corp), Director Retirement Agreement (Esb Financial Corp)
Excess Parachute or Golden Parachute Payment. Notwithstanding any provision of this Agreement to the contrary, the Company shall not pay any benefit under this Agreement to tot the extent the benefit would be an excess parachute payment under Section 280G 2806 of the Code or would be a prohibited golden parachute payment pursuant to 12 C.F.R. §359.2 and for which the appropriate federal banking agency has not given written consent to pay pursuant to 12 C.F.R. §359.43359.4.
Appears in 1 contract
Samples: Salary Continuation Agreement (First Community Financial Corp)
Excess Parachute or Golden Parachute Payment. Notwithstanding any provision of this Agreement to the contrary, the Company Corporation shall not pay any benefit under this Agreement to the extent the benefit would be an excess a parachute payment under Section 280G of the Code or would be a prohibited golden parachute payment pursuant to 12 C.F.R. §Section. 359.2 and for which the appropriate federal banking agency has not given written consent to pay pursuant to 12 C.F.R. §Section. 359.4.
Appears in 1 contract
Excess Parachute or Golden Parachute Payment. Notwithstanding any provision of this Agreement to the contrary, the Company Bank shall not pay any benefit under this Agreement to the extent the benefit would be an excess parachute payment under Section 280G of the Code or would be a prohibited golden parachute payment pursuant to 12 C.F.R. §359.2 and for which the appropriate federal banking agency has not given written consent to pay pursuant to 12 C.F.R. §359.4.
Appears in 1 contract
Samples: Salary Continuation Agreement (Juniata Valley Financial Corp)
Excess Parachute or Golden Parachute Payment. Notwithstanding any provision of this Agreement to the contrary, the Company shall not pay any benefit under this Agreement to the extent the benefit would be an excess parachute payment under Section 280G of the Code or would be a prohibited golden parachute payment pursuant to 12 C.F.R. §359.2 and for which the appropriate federal banking Companying agency has not given written consent to pay pursuant to 12 C.F.R. §359.4.
Appears in 1 contract
Excess Parachute or Golden Parachute Payment. Notwithstanding any provision of this Agreement to the contrary, the Company shall not pay any benefit under this Agreement to the extent the benefit would be an excess parachute payment under Section 280G of the Code or would be a prohibited golden parachute payment pursuant to 12 C.F.R. §359.2 and for which the appropriate federal banking agency has not given written consent to pay pursuant to 12 C.F.R. §359.4.or
Appears in 1 contract
