Common use of Incentive, Savings, Retirement and Other Plans; No Duplicate Benefits Clause in Contracts

Incentive, Savings, Retirement and Other Plans; No Duplicate Benefits. During the term of Executive’s employment under this Agreement, Executive shall be entitled to participate in all other incentive, stock option, stock appreciation right, restricted stock award, restricted stock unit, savings, and retirement plans, practices, policies, and programs applicable generally to senior executives of Employers, on a comparable basis as applicable to such other senior executives, and consistent with Executive’s positions with the Holding Company and the Bank, in accordance with and subject to the terms of such plans, practices, policies and programs. Notwithstanding the foregoing, Executive acknowledges and agrees that, in the event that he is a participant in Employers’ Change in Control Plan, 2017 Change in Control Plan, Severance Plan and/or similar plans or arrangements, he shall not be entitled to duplicate severance and/or change in control benefits under both this Agreement (including but not limited to benefits pursuant to Agreement paragraph 6 and/or Agreement paragraph 7) and such other plans and arrangements, and that any severance and/or change in control benefits he receives under this Agreement shall be in lieu of comparable benefits under such other plans or arrangements.

Appears in 4 contracts

Samples: Employment Agreement (Atlantic Capital Bancshares, Inc.), Employment Agreement (Atlantic Capital Bancshares, Inc.), Employment Agreement (Atlantic Capital Bancshares, Inc.)

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Incentive, Savings, Retirement and Other Plans; No Duplicate Benefits. During the term of Executive’s employment under this Agreement, Executive shall be entitled to participate in all other incentive, stock option, stock appreciation right, restricted stock award, restricted stock unit, savings, and retirement plans, practices, policies, and programs applicable generally to senior executives of Employers, on a comparable basis as applicable to such other senior executives, and consistent with Executive’s positions with the Holding Company and the Bank, in accordance with and subject to the terms of such plans, practices, policies and programs. Notwithstanding the foregoing, Executive acknowledges and agrees that, in the event that he she is a participant in Employers’ Change in Control Plan, 2017 Change in Control Plan, Severance Plan and/or similar plans or arrangements, he she shall not be entitled to duplicate severance and/or change in control benefits under both this Agreement (including but not limited to benefits pursuant to Agreement paragraph 6 and/or Agreement paragraph 7) and such other plans and arrangements, and that any severance and/or change in control benefits he she receives under this Agreement shall be in lieu of comparable benefits under such other plans or arrangements.

Appears in 1 contract

Samples: Employment Agreement (Atlantic Capital Bancshares, Inc.)

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