Common use of Funding by the Bank Clause in Contracts

Funding by the Bank. (a) The Bank shall be under no obligation to set aside, earmark or otherwise segregate any funds with which to pay its obligations under this Agreement. The Executive shall be and remain an unsecured general creditor of the Bank with respect to the Bank’s obligations hereunder. The Executive shall have no property interest in the assets of the Bank or any other rights with respect thereto. (b) Notwithstanding anything herein to the contrary, the Bank has no obligation whatsoever to purchase or maintain a life insurance policy with respect to the Executive or otherwise. If the Bank determines in its sole discretion to purchase a life insurance policy referable to the life of the Executive, neither the Executive nor the Executive’s beneficiary shall have any legal or equitable ownership interest in, or lien on, such policy or any other specific funding or any other investment or asset of the Bank. The Bank, in its sole discretion, may determine the exact nature and method of funding (if any) of the Bank’s obligations under this Agreement. If the Bank elects to fund its obligations under this Agreement, in whole or in part, through the purchase of a life insurance policy, mutual funds, disability policy, annuity, or other security, the Bank reserves the right, in its sole discretion, to terminate such method of funding at any time, in whole or in part. (c) If the Bank, in its sole discretion, elects to invest in a life insurance, disability or annuity policy on the life of the Executive, the Executive shall assist the Bank in obtaining such insurance policy by, from time to time and promptly upon the request of the Bank, supplying any information necessary to obtain such policy and submitting to any physical examinations required therefor. The Bank shall be responsible for the payment of all premiums with respect to any whole life, variable, or universal life insurance, disability or annuity policy purchased in connection with this Agreement, unless otherwise expressly agreed.

Appears in 7 contracts

Samples: Supplemental Executive Retirement Benefits Agreement (National Commerce Corp), Supplemental Executive Retirement Benefits Agreement (National Commerce Corp), Supplemental Executive Retirement Benefits Agreement (National Commerce Corp)

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Funding by the Bank. (a) The Bank shall be under no obligation to set aside, earmark or otherwise segregate any funds with which to pay its obligations under this Agreement. The Executive shall be and remain an unsecured general creditor of the Bank with respect to the Bank’s obligations hereunder. The Executive shall have no property interest in the assets of the Bank Retirement Account or any other rights with respect thereto. (b) Notwithstanding anything herein to the contrary, the Bank has no obligation whatsoever to purchase or maintain a an actual life insurance policy with respect to the Executive or otherwise. If the Bank determines in its sole discretion to purchase a life insurance policy referable to the life of the Executive, neither the Executive nor the Executive’s beneficiary shall have any legal or equitable ownership interest in, or lien on, such policy or any other specific funding or any other investment or to any asset of the Bank. The Bank, in its sole discretion, may determine the exact nature and method of funding (if any) of the Bank’s obligations under this Agreement. If the Bank elects to fund its obligations under this Agreement, in whole or in part, through the purchase of a life insurance policy, mutual funds, disability policy, annuity, or other security, the Bank reserves the right, in its sole discretion, to terminate such method of funding at any time, in whole or in part. (c) If the Bank, in its sole discretion, elects to invest in a life insurance, disability or annuity policy on the life of the Executive, the Executive shall assist the Bank in obtaining such insurance policy byBank, from time to time and time, promptly upon the request of the Bank, in obtaining such insurance policy by supplying any information necessary to obtain such policy and as well as submitting to any physical examinations required therefor. The Bank shall be responsible for the payment of all premiums with respect to any whole life, variable, or universal life insurance, disability or annuity policy purchased in connection with this Agreement, Agreement unless otherwise expressly agreed.

Appears in 3 contracts

Samples: Supplemental Executive Retirement Benefits Agreement (Southeastern Bank Financial CORP), Supplemental Executive Retirement Benefits Agreement (Southeastern Bank Financial CORP), Supplemental Executive Retirement Benefits Agreement (Southeastern Bank Financial CORP)

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Funding by the Bank. (a) a. The Bank shall be under no obligation to set aside, earmark or otherwise segregate any funds with which to pay its obligations under this Agreement. The Executive shall be and remain an unsecured general creditor of the Bank with respect to the Bank’s 's obligations hereunder. The Executive shall have no property interest in the assets of the Bank Retirement Account or any other rights with respect thereto. (b) b. Notwithstanding anything herein to the contrary, the Bank has no obligation whatsoever to purchase or maintain a an actual life insurance policy with respect to the Executive or otherwise. If the Bank determines in its sole discretion to purchase a life insurance policy referable to the life of the Executive, neither the Executive nor the Executive’s 's beneficiary shall have any legal or equitable ownership interest in, or lien on, such policy or any other specific funding or any other investment Investment or to any asset of the Bank. The Bank, in its sole discretion, may determine the exact nature and method of funding (if any) of the Bank’s obligations under this Agreement. If the Bank elects to fund its obligations under this Agreement, in whole or in part, through the purchase of a life insurance policy, mutual funds, disability policy, annuity, or other security, the Bank reserves the right, in its sole discretion, to terminate such method of funding at any time, in whole or in part. (c) c. If the Bank, in its sole discretion, elects to invest in a life insurance, disability or annuity policy on the life of the Executive, the Executive shall assist the Bank in obtaining such insurance policy byBank, from time to time and time, promptly upon the request of the Bank, in obtaining such insurance policy by supplying any information necessary to obtain such policy and as well as submitting to any physical examinations required therefor. The Bank shall be responsible for the payment of all premiums with respect to any whole life, variable, or universal life insurance, disability or annuity policy purchased in connection with this Agreement, Agreement unless otherwise expressly agreed.

Appears in 1 contract

Samples: Supplemental Executive Retirement Benefits Agreement (Middlefield Banc Corp)

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