Common use of Life Insurance Policies Clause in Contracts

Life Insurance Policies. Termination of this Agreement or the benefits payable hereunder for any reason, including pursuant to Section 3(a), (b), (c) or (d) hereof, shall not terminate the duty of Fidelity and the Bank to maintain or continue the Split Dollar Plan, or the insurance policies with Great-West, Life Investors and Mass Mutual pursuant to Section 2(d) hereof, including any substitute plan or policy hereafter mutually agreed to. Notwithstanding any other provision of this Agreement, if Miller is a Specified Employee and if Fidelity determines that the maxxxxxxnce of the Split Dollar Plan, or the insurance policies with Great-West, Life Investors and Mass Mutual is subject to Section 409A of the Code, then, to the extent necessary to avoid taxation under Section 409A, Miller will be required to pay for the maintenance of the Split Dollax Xxxx, and the insurance policies with Great-West, Life Investors and Mass Mutual during the six-month period following his Termination of Employment; provided; however, that at the end of such six-month period, Fidelity or the Bank will reimburse Miller for such payments.

Appears in 1 contract

Samples: Employment Agreement (Fidelity Southern Corp)

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Life Insurance Policies. Termination of this Agreement or the benefits payable hereunder for any reason, including pursuant to Section 3(a), (b), (c) or (d) hereof, shall not terminate the duty of Fidelity and the Bank to maintain or continue the Split Dollar Plan, or the insurance policies with Great-West, Life Investors and Mass Mutual pursuant to Section 2(d) hereof, including any replacement or substitute plan plans or policy policies hereafter mutually agreed toto in writing. Notwithstanding any other provision of this Agreement, if Miller Xxxxxx is a Specified Employee and if Fidelity determines that the maxxxxxxnce maintenance of the Split Dollar Plan, or the insurance policies with Great-West, Life Investors and Mass Mutual is subject to Section 409A of the Code, then, to the extent necessary to avoid taxation under Section 409A, Miller Xxxxxx will be required to pay for the maintenance of the Split Dollax XxxxDollar Plan, and the insurance policies with Great-West, Life Investors and Mass Mutual during the six-month period following his Termination of Employment; provided; however, that at on the first day after the end of such six-month period, Fidelity or the Bank will reimburse Miller Xxxxxx for such payments.

Appears in 1 contract

Samples: Employment Agreement (Fidelity Southern Corp)

Life Insurance Policies. Termination of this Agreement or the benefits payable hereunder for any reason, including pursuant to Section 3(a), (b), (c) or (d) hereof, shall not terminate the duty of Fidelity and the Bank to maintain or continue the Split Dollar Plan, or the insurance policies with Great-West, Life Investors and Mass Mutual pursuant to Section 2(d) hereof, including any replacement or substitute plan plans or policy policies hereafter mutually agreed toto in writing. Notwithstanding any other provision of this Agreement, if Miller Mxxxxx is a Specified Employee and if Fidelity determines that the maxxxxxxnce maintenance of the Split Dollar Plan, or the insurance policies with Great-West, Life Investors and Mass Mutual is subject to Section 409A of the Code, then, to the extent necessary to avoid taxation under Section 409A, Miller Mxxxxx will be required to pay for the maintenance of the Split Dollax XxxxDollar Plan, and the insurance policies with Great-West, Life Investors and Mass Mutual during the six-month period following his Termination of Employment; provided; however, that at the end of such six-month period, Fidelity or the Bank will reimburse Miller Mxxxxx for such payments.

Appears in 1 contract

Samples: Employment Agreement (Fidelity Southern Corp)

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Life Insurance Policies. Termination of this Agreement or the benefits payable hereunder for any reason, including pursuant to Section 3(a), (b), (c) or (d) hereof, shall not terminate the duty of Fidelity and the Bank to maintain or continue the Split Dollar Plan, or the insurance policies with Great-West, Life Investors and Mass Mutual pursuant to Section 2(d) hereof, including any substitute plan or policy hereafter mutually agreed to. Notwithstanding any other provision of this Agreement, if Miller Xxxxxx is a Specified Employee and if Fidelity determines that the maxxxxxxnce maintenance of the Split Dollar Plan, or the insurance policies with Great-West, Life Investors and Mass Mutual is subject to Section 409A of the Code, then, to the extent necessary to avoid taxation under Section 409A, Miller Xxxxxx will be required to pay for the maintenance of the Split Dollax XxxxDollar Plan, and the insurance policies with Great-West, Life Investors and Mass Mutual during the six-month period following his Termination of Employment; provided; however, that at the end of such six-month period, Fidelity or the Bank will reimburse Miller Xxxxxx for such payments.

Appears in 1 contract

Samples: Employment Agreement (Fidelity Southern Corp)

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