Common use of Hardship Distribution Clause in Contracts

Hardship Distribution. If an Unforeseeable Emergency occurs, the Director may petition the Board to receive a distribution from the Agreement. The Board in its sole discretion may grant such petition. If granted, the Director shall receive, within sixty (60) days, a distribution from the Agreement (i) only to the extent deemed necessary by the Board to remedy the Unforeseeable Emergency, plus an amount necessary to pay taxes reasonably anticipated as a result of the distribution; and (ii) after taking into account the extent to which such hardship is or may be relieved through reimbursement or compensation by insurance or otherwise or by liquidation of the Director’s assets (to the extent the liquidation would not itself cause severe financial hardship). In any event, the maximum amount which may be paid out pursuant to this Section 4.5 is the Deferral Account balance as of the day that the Director petitioned the Board to receive a Hardship Distribution under this Section. The following Sections 4.6, 4.7 and 4.8 shall be added to the Agreement immediately following Section 4.5:

Appears in 5 contracts

Samples: Director Deferred Fee Agreement (Community Capital Corp /Sc/), Deferred Fee Agreement (Coastal Banking Co Inc), Director Deferred Fee Agreement (Community Capital Corp /Sc/)

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Hardship Distribution. If an Unforeseeable Emergency occurs, the Director may petition the Board to receive a distribution from the Agreement. The Board in its sole discretion may grant such petition. If granted, the Director shall receive, within sixty (60) days, a distribution from the Agreement (i) only to the extent deemed necessary by the Board to remedy the Unforeseeable Emergency, plus an amount necessary to pay taxes reasonably anticipated as a result of the distribution; and (ii) after taking into account the extent to which such hardship is or may be relieved through reimbursement or compensation by insurance or otherwise or by liquidation of the Director’s assets (to the extent the liquidation would not itself cause severe financial hardship). In any event, the maximum amount which may be paid out pursuant to this Section 4.5 is the Deferral Account balance as of the day that the Director petitioned the Board to receive a Hardship Distribution under this Section. The following Sections 4.6, 4.7 and 4.8 shall be added to the Agreement immediately following Section 4.5:.

Appears in 4 contracts

Samples: Director Deferred Fee Agreement (Mid Penn Bancorp Inc), Director Deferred Fee Agreement (First Community Financial Corp), Pacific Premier Bank Director Deferred Compensation Agreement (Pacific Premier Bancorp Inc)

Hardship Distribution. If an Unforeseeable Emergency occurs, the Director may petition the Board to receive a distribution from the Agreement. The Board in its sole discretion may grant such petition. If granted, the Director shall receive, within sixty (60) days, a distribution from the Agreement (i) only to the extent deemed necessary by the Board to remedy the Unforeseeable Emergency, plus an amount necessary to pay taxes reasonably anticipated as a result of the distribution; and (ii) after taking into account the extent to which such hardship is or may be relieved through reimbursement or compensation by insurance or otherwise or by liquidation of the Director’s assets (to the extent the liquidation would not itself cause severe financial hardship). In any event, the maximum amount which may be paid out pursuant to this Section 4.5 4.2 is the Deferral Account balance as of the day that the Director petitioned the Board to receive a Hardship Distribution under this Section. The following Sections 4.6, 4.7 and 4.8 shall be added to the Agreement immediately following Section 4.5:.

Appears in 2 contracts

Samples: Director Deferred Compensation Agreement (First Farmers & Merchants Corp), Director Deferred Compensation Agreement (First Farmers & Merchants Corp)

Hardship Distribution. If an Unforeseeable Emergency occurs, the Director Executive may petition the Board to receive a distribution from the Agreement. The Board in its sole discretion may grant such petition. If granted, the Director Executive shall receive, within sixty (60) days, a distribution from the Agreement (i) only to the extent deemed necessary by the Board to remedy the Unforeseeable Emergency, plus an amount necessary to pay taxes reasonably anticipated as a result of the distribution; and (ii) after taking into account the extent to which such hardship is or may be relieved through reimbursement or compensation by insurance or otherwise or by liquidation of the DirectorExecutive’s assets (to the extent the liquidation would not itself cause severe financial hardship). In any event, the maximum amount which may be paid out pursuant to this Section 4.5 is the Deferral Account balance as of the day that the Director Executive petitioned the Board to receive a Hardship Distribution under this Section. The following Sections 4.6, 4.7 and 4.8 shall be added to the Agreement immediately following Section 4.5:: LOWCOUNTRY NATIONAL BANK Executive Deferred Compensation Agreement

Appears in 1 contract

Samples: Deferred Compensation Agreement (Coastal Banking Co Inc)

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Hardship Distribution. If an Unforeseeable Emergency occurs, the Director may petition the Board to receive a distribution from the Agreement. The Board in its sole discretion may grant such petition. If granted, the Director shall receive, within sixty (60) days, a distribution from the Agreement (i) only to the extent deemed necessary by the Board to remedy the Unforeseeable Emergency, plus an amount necessary to pay taxes reasonably anticipated as a result of the distribution; and (ii) after taking into account the extent to which such hardship is or may be relieved through reimbursement or compensation by insurance or otherwise or by liquidation of the Director’s assets (to the extent the liquidation would not itself cause severe financial hardship). In any event, the maximum amount which may be paid out pursuant to this Section 4.5 4.7 is the Deferral Account balance as of the day that the Director petitioned the Board to receive a Hardship Distribution under this Section. The following Sections 4.6, 4.7 and 4.8 shall be added to the Agreement immediately following Section 4.5:.

Appears in 1 contract

Samples: Director Deferred Fee Agreement (Central Valley Community Bancorp)

Hardship Distribution. If an Unforeseeable Emergency occurs, the Director may petition the Board to receive a distribution from the Agreement. The Board in its sole discretion may grant such petition. If granted, the Director shall receive, within sixty (60) days, a distribution from the Agreement (i) only to the extent deemed necessary by the Board to remedy the Unforeseeable Emergency, plus an amount necessary to pay taxes reasonably anticipated as a result of the distribution; and (ii) after taking into account the extent to which such hardship is or may be relieved through reimbursement or compensation by insurance or otherwise or by liquidation of the Director’s assets (to the extent the liquidation would not itself cause severe financial hardship). In any event, the maximum amount which may be paid out pursuant to this Section 4.5 4.8 is the Deferral Account balance as of the day that the Director petitioned the Board to receive a Hardship Distribution under this Section. The following Sections 4.6, 4.7 and 4.8 shall be added to the Agreement immediately following Section 4.5:.

Appears in 1 contract

Samples: Director Deferred Compensation Agreement (Sussex Bancorp)

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