Common use of Nature and Substance Clause in Contracts

Nature and Substance. Xxxx shall report directly to the Chairman and shall be under the direction of the Chairman. The specific powers and duties of Xxxx shall be established, determined and modified by and within the discretion of the Board, including (but not necessarily be limited to): (a) the coordination and leadership of the efforts of Eagle to achieve and maintain any and all necessary and/or appropriate Bank Regulatory Agency approvals and permissions prerequisite to its successful continued operation, including coordination of the professional services of counsel, accountants and bank consultants; (b) the preparation and presentation to the Board of budgets and adherence of Eagle to those approved by the Board; (c) the provision of such reports, updates and other data and information as may be reasonably required by Eagle and Bank Regulatory Agencies; (d) subject to guidelines and/or criteria established by Eagle, the hiring, promotion, supervision, retention and discharge of all employees, except for executive officers of Eagle at or above the level of Executive Vice President; (e) the formulation and implementation of employee personnel policies and benefits, subject to approval by the Board; (f) the promotion of the reputation and business of Eagle within the community; (g) the advancement of the business purposes of Eagle, including, but not limited to, business development and customer, depositor and public relations; (h) participation in and service upon such committees and subcommittees as may be directed by the Board, without additional compensation to that set forth hereinbelow; (i) supervision of the maintenance of the books and accounts and the supervision and maintenance of accounts payable and expenses of Eagle and the reporting of the status thereof at each scheduled or called meeting of the Board or any committee thereof; provided, however, that all expenditures on behalf of Eagle shall be approved in accordance with the terms and conditions of procedures established by the Board; (j) such other duties of the President and Chief Executive Officer as may be enumerated in the Bylaws; and (k) such other duties and responsibilities as are normally incident to the position of President and Chief Executive Officer of a banking institution, including assisting, directing and/or supervising the operations and other employees of Eagle upon such terms, conditions, rules, policies and regulations as may be established by the Board from time to time.

Nature and Substance. Xxxx Xx. Xxxxxx shall report directly to the Chairman and shall be under the direction of the Chairman. The specific powers and duties of Xxxx the President shall be established, determined and modified by and within the discretion of the Board, Bank Board including (but not necessarily be limited to): (a) the coordination and leadership of the efforts of Eagle the Bank to achieve and maintain any and all necessary and/or appropriate Bank Regulatory Agency approvals and permissions prerequisite to its successful continued operation, including coordination of the professional services of counsel, accountants and bank consultants; (b) the preparation and presentation to the Bank Board of budgets and adherence of Eagle the Bank to those approved by the Bank Board; (c) the provision of such reports, updates and other data and information as may be reasonably required by Eagle the Bank Board and Bank Regulatory Agencies; (d) subject to guidelines and/or criteria established by Eaglethe Bank Board, the hiring, promotion, supervision, retention and discharge of all employees, except for executive officers of Eagle at or above the level of Executive Senior Vice President;. (e) the formulation and implementation of Bank employee personnel policies and benefits, subject to approval by the Bank Board; ; (f) the promotion of the reputation and business of Eagle the Bank within the community; (g) the advancement of the business purposes of Eaglethe Bank, including, but not limited to, business development and customer, depositor and public relations; (h) participation in and service upon such committees and subcommittees as may be directed by the Board, Bank Board without additional compensation to that set forth hereinbelowherein below; (i) supervision of the maintenance of the books and accounts and the supervision and maintenance of accounts payable and expenses of Eagle the Bank and the reporting of the status thereof at each scheduled or called meeting of the Bank Board or any committee thereof; provided, however, that all expenditures on behalf of Eagle the Bank shall be approved in accordance with the terms and conditions of procedures established by the Bank Board; (j) such other duties of the President and Chief Executive Officer of the Bank as may be enumerated in the Bank Bylaws; and. (k) such other duties and responsibilities as are normally incident to the subject position of President and Chief Executive Officer of a banking institutionPresident, including assisting, directing and/or supervising the operations and other employees of Eagle the Bank upon such terms, conditions, rules, policies and regulations as may be established by the Bank Board from time to time.

Nature and Substance. Xxxx Xx. Xxxxxx shall report directly to the Chairman President and Chief Executive Officer and shall be under the direction of the ChairmanPresident and Chief Executive Officer. The specific powers and duties of Xxxx the Executive Vice President and Chief Financial Officer shall be established, determined and modified by and within the discretion of the Board, President and Chief Executive Officer including (but not necessarily be limited to): (a) the coordination and leadership of the efforts of Eagle the Company and the Bank to achieve and maintain any and all necessary and/or appropriate Bank Regulatory Agency approvals and permissions prerequisite to its successful continued operation, including coordination of the professional services of counsel, accountants and bank consultants; (b) the preparation and presentation to the Company Board and Bank Board of budgets and adherence of Eagle the Bank to those approved by the Company Board and Bank Board; (c) the provision of such reports, updates and other data and information as may be reasonably required by Eagle the Company Board or Bank Board and Bank Regulatory Agencies; (d) subject to guidelines and/or criteria established manage the Company’s and Bank’s investment portfolios in accordance with the Company’s and Bank’s investment policies approved by Eagle, the hiring, promotion, supervision, retention Company Board and discharge of all employees, except for executive officers of Eagle at or above the level of Executive Vice PresidentBank Board; (e) the formulation and implementation of the Company’s and Bank’s employee personnel policies and benefitsbenefits in coordination with the President and Chief Executive Officer, subject to approval by the Company Board or Bank Board; , as appropriate; (f) the promotion of the reputation and business of Eagle the Company and Bank within the community; (g) the advancement of the business purposes of Eagle, including, but not limited to, business development and customer, depositor and public relations; (h) participation in and service upon such committees and subcommittees as may be directed by the Board, Company Board or Bank Board without additional compensation to that set forth hereinbelowherein below; (ih) supervision of the maintenance of the books and accounts and the supervision and maintenance of accounts payable and expenses of Eagle the Company and Bank and the reporting of the status thereof at each scheduled or called meeting of the Company Board or Bank Board or any committee thereof; provided, however, that all expenditures on behalf of Eagle the Company or Bank shall be approved in accordance with the terms and conditions of procedures established by the Company Board or Bank Board, as appropriate; (j) such other duties of the President and Chief Executive Officer as may be enumerated in the Bylaws; and (ki) such other duties and responsibilities as are normally incident to the subject position of Executive Vice President and Chief Executive Officer of a banking institutionFinancial Officer, including assisting, directing and/or supervising the operations and other employees of Eagle the Company or Bank upon such terms, conditions, rules, policies and regulations as may be established by the Company Board or Bank Board, as appropriate, from time to time.

Nature and Substance. Xxxx shall In his role as CEO of the COMPANY, KELLX xxxll report directly to the Chairman Board of Directors and shall be under the direction of the ChairmanBoard of Directors. The specific powers and duties of Xxxx KELLX xx CEO shall be established, determined and modified by and within the discretion of the BoardBoard of Directors of the COMPANY, including and at a minimum will include (but not necessarily be limited to): (a1) the The coordination and leadership of the efforts of Eagle the COMPANY to achieve and maintain any and all necessary and/or appropriate Bank Regulatory Agency approvals and permissions prerequisite to its the successful continued operationoperation of the COMPANY, including coordination of the professional services of with COMPANY's counsel, accountants and bank consultants;. (b2) The provision of any and all services necessary, appropriate and/or helpful to operations of the preparation and presentation COMPANY at a minimum of additional cost or overhead to the Board of budgets and adherence of Eagle to those approved by the Board;COMPANY. (c3) the The provision of updates, status reports and such reports, updates and other data and information as may be reasonably required by Eagle the COMPANY and Bank Regulatory Agencies;. (d4) subject Subject to guidelines and/or criteria established by Eaglethe COMPANY, the hiring, promotion, supervision, retention and discharge of all employeesemployees (with Board approval, except for executive officers where required by regulatory provisions applicable to the COMPANY), and, subject to any requisite approval of Eagle at or above the level Board of Executive Vice President;Directors, the hiring, supervision and discharge of the COMPANY's counsel, accountants and consultants. (e5) the The formulation and implementation of employee personnel policies and benefits, subject to approval by the Board; Board of Directors of the COMPANY. (f6) the The promotion of the reputation and business of Eagle the COMPANY within the community;. (g7) the The advancement of the business purposes of Eaglethe COMPANY, including, but not limited toto business development, business development and customer, depositor and public relations;. (h) participation 8) Participation in and service upon such committees and subcommittees as may be directed by the Board, Board of Directors of the COMPANY without additional compensation to that set forth hereinbelow;. (i9) supervision Supervision of the maintenance of the books and accounts and the supervision and maintenance of accounts payable and expenses of Eagle the COMPANY and the reporting of the status thereof to the COMPANY at each scheduled or called meeting of the Board of Directors or any committee thereof; provided. Provided, however, that all expenditures on behalf of Eagle the COMPANY shall be approved in accordance with the terms and conditions of procedures established by the Board;COMPANY. (j10) such other duties KELLX xxxther agrees to be available as and when needed at the Offices of the President COMPANY and Chief Executive Officer as may be enumerated in to perform services on behalf of the Bylaws; and COMPANY elsewhere (kwhen appropriate) such other duties and responsibilities as are normally incident to the position of President and Chief Executive Officer of a banking institutionassist, including assisting, directing and/or supervising direct or supervise the operations and other employees of Eagle the COMPANY upon such terms, conditions, rules, policies and regulations as may be established set by the Board of Directors of the COMPANY, from time to time.. KELLX xxxees to devote sufficient time and attention and best efforts toward the successful operation of the COMPANY. 4 (b)

Nature and Substance. Xxxx Xx. Xxxxxx shall report directly to the Chairman and shall be under the direction of the Chairman. The specific powers and duties of Xxxx the President shall be established, determined and modified by and within the discretion of the Board, Bank Board including (but not necessarily be limited to): (a) the coordination and leadership of the efforts of Eagle the Bank to achieve and maintain any and all necessary and/or appropriate Bank Regulatory Agency approvals and permissions prerequisite to its successful continued operation, including coordination of the professional services of counsel, accountants and bank consultants; (b) the preparation and presentation to the Bank Board of budgets and adherence of Eagle the Bank to those approved by the Bank Board; (c) the provision of such reports, updates and other data and information as may be reasonably required by Eagle the Bank Board and Bank Regulatory Agencies; (d) subject to guidelines and/or criteria established by Eaglethe Bank Board, the hiring, promotion, supervision, retention and discharge of all employees, except for executive officers of Eagle at or above the level of Executive Senior Vice President;. (e) the formulation and implementation of Bank employee personnel policies and benefits, subject to approval by the Bank Board; ; (f) the promotion of the reputation and business of Eagle the Bank within the community; (g) the advancement of the business purposes of Eaglethe Bank, including, but not limited to, business development and customer, depositor and public relations; (h) participation in and service upon such committees and subcommittees as may be directed by the Board, Bank Board without additional compensation to that set forth hereinbelowherein below; (i) supervision of the maintenance of the books and accounts and the supervision and maintenance of accounts payable and expenses of Eagle the Bank and the reporting of the status thereof at each scheduled or called meeting of the Bank Board or any committee thereof; provided, however, that all expenditures on behalf of Eagle the Bank shall be approved in accordance with the terms and conditions of procedures established by the Bank Board; (j) such other duties of the Executive Vice President and Chief Executive Financial Officer of the Bank as may be enumerated in the Bank Bylaws; and. (k) such other duties and responsibilities as are normally incident to the subject position of President and Chief Executive Officer of a banking institutionPresident, including assisting, directing and/or supervising the operations and other employees of Eagle the Bank upon such terms, conditions, rules, policies and regulations as may be established by the Bank Board from time to time.

Nature and Substance. Xxxx Executive shall report directly to the Chairman and shall be under the direction of the ChairmanBoard. The specific powers and duties of Xxxx the Chief Executive Officer shall be establishedinclude, determined and modified subject to modification by and within the discretion of the Board, including (but shall not necessarily be limited to):: (a) the coordination and leadership of the efforts of Eagle the Bank to achieve and maintain any and all necessary and/or appropriate Bank Regulatory Agency approvals and permissions prerequisite to its successful continued operation, including coordination of the professional services of counsel, accountants and bank consultants; (b) the preparation coordination and presentation leadership of the efforts to prepare and present to the Board Board, of budgets for approval, and material adherence of Eagle the Employer to those the budget approved by the Board; (c) the provision coordination and leadership of the efforts to provide such reports, updates and other data and information as may be reasonably required by Eagle the Board and Bank Regulatory Agencies; (d) the coordination and leadership of the Employer’s efforts in regard to the investigation, consideration and implementation of strategic planning activities, merger and acquisition activity and capital raising; (e) subject to guidelines and/or criteria established by Eaglethe Board, the hiring, promotion, supervision, retention and discharge of all employees, except for executive officers of Eagle at or above below the level of Executive Senior Vice President; (ef) the formulation and implementation of the Employer’s employee personnel policies and benefits, subject to approval by the Board; ; (fg) the promotion of the reputation and business of Eagle the Employer within the community; (gh) the advancement of the business purposes of Eaglethe Employer, including, but not limited to, business development and customer, depositor and public relations; (h) participation in and service upon such committees and subcommittees as may be directed by the Board, without additional compensation to that set forth hereinbelow; (i) supervision of the maintenance of the books and accounts and the supervision and maintenance of accounts payable and expenses of Eagle the Employer and the reporting of the status thereof at each scheduled or called meeting of the Board Board, or any committee thereof; provided, however, that all expenditures on behalf of Eagle the Employer shall be approved in accordance with the terms and conditions of procedures established by the Board; (j) such other duties of the President and Chief Executive Officer of the Company and the Bank as may be enumerated in the BylawsBylaws of the Company and the Bank, respectively; and (k) such other duties and responsibilities as are normally incident to the subject position of President and the Chief Executive Officer of a banking institutionOfficer, including assisting, directing and/or supervising the operations and other employees of Eagle the Employer upon such terms, conditions, rules, policies and regulations as may be established by the Board from time to time.

Nature and Substance. Xxxx Upon acceptance hereof by the Employee, the Employer will employ the Employee as an executive officer of the Employer. The Employee shall report directly to the Chairman of the Board of Directors (the "Chairman") and shall be under the direction of the Chairman. The specific powers and duties of Xxxx the Employee shall be established, determined and modified by and within the discretion of the BoardBoard of Directors of the Employer (the "Board of Directors"), including and at a minimum will include (but not necessarily be limited to): (a1) the The coordination and leadership of the efforts of Eagle the Employer to achieve and maintain any and all necessary and/or appropriate Bank Regulatory Agency approvals and permissions prerequisite to its successful continued operation, operation including coordination of the professional services of counsel, accountants and bank consultants;. (b2) The provision of any and all services necessary, appropriate and/or helpful to operations of the preparation and presentation Employer at a minimum of additional cost or overhead to the Board of budgets and adherence of Eagle to those approved by the Board;it. (c3) the The provision of updates, status reports and such reports, updates and other data and information as may be reasonably required by Eagle the Employer and Bank Regulatory Agencies;. (d4) subject Subject to guidelines and/or criteria established by Eaglethe Employer, the hiring, promotion, supervision, retention and discharge of all employees, employees except for its executive officers of Eagle at or above the level of Executive Vice President;officers. (e5) the The formulation and implementation of employee personnel policies and benefits, subject to approval by the Board; Board of Directors. (f6) the The promotion of the reputation and business of Eagle the Employer within the community;. (g7) the The advancement of the business purposes of Eaglethe Employer, including, but not limited toto business development, business development and customer, depositor and public relations;. (h) participation 8) Participation in and service upon such committees and subcommittees as may be directed by the Board, Board of Directors without additional compensation to that set forth hereinbelow;. (i9) supervision Supervision of the maintenance of the books and accounts and the supervision and maintenance of accounts payable and expenses of Eagle the Employer and the reporting of the status thereof at each scheduled or called meeting of the Board of Directors or any committee thereof; provided. Provided, however, that all expenditures on behalf of Eagle the Employer shall be approved in accordance with the terms and conditions of procedures established by the Board;Board of Directors. (j10) such other duties Serve as a member of the President Employer's Board of Directors. (11) The Employee further agrees to be present or available at the Offices of the Employer during normal business hours, or he shall be performing services on behalf of the Employer during normal business hours (which shall mean an average of not less that forty (40) hours per week) and Chief Executive Officer such additional hours as may be enumerated in necessary and appropriate to work for the Bylaws; and (k) such other duties Employer and responsibilities as are normally incident to the position of President and Chief Executive Officer of a banking institutionassist, including assisting, directing and/or supervising direct or supervise the operations and other employees of Eagle the Employer upon such terms, conditions, rules, policies and regulations as may be established set by the Board of Directors of the Employer from time to time.. The Employee agrees to devote his full time and attention and best efforts toward the successful operation of the Employer. 4

Nature and Substance. Xxxx Executive shall report directly to the Chairman and shall be under the direction of the ChairmanBoard. The specific powers and duties of Xxxx the President and Chief Executive Officer shall be establishedinclude, determined and modified subject to modification by and within the discretion of the Board, including (but shall not necessarily be limited to):: (a) the coordination and leadership of the efforts of Eagle the Bank to achieve and maintain any and all necessary and/or appropriate Bank Regulatory Agency approvals and permissions prerequisite to its successful continued operation, including coordination of the professional services of counsel, accountants and bank consultants; (b) the preparation coordination and presentation leadership of the efforts to prepare and present to the Board of budgets for approval, and material adherence of Eagle the Bank to those the budget approved by the Board; (c) the provision coordination and leadership of the efforts to provide such reports, updates and other data and information as may be reasonably required by Eagle the Board and Bank Regulatory Agencies; (d) the coordination and leadership of the Bank’s efforts in regard to the investigation, consideration and implementation of strategic planning activities, merger and acquisition activity and capital raising; (e) subject to guidelines and/or criteria established by Eaglethe Board, the hiring, promotion, supervision, retention and discharge of all employees, except for executive officers of Eagle at or above below the level of Executive Senior Vice President; (ef) the formulation and implementation of the Bank’s employee personnel policies and benefits, subject to approval by the Board; ; (fg) the promotion of the reputation and business of Eagle the Bank within the community; (gh) the advancement of the business purposes of Eaglethe Bank, including, but not limited to, business development and customer, depositor and public relations; (h) participation in and service upon such committees and subcommittees as may be directed by the Board, without additional compensation to that set forth hereinbelow; (i) supervision of the maintenance of the books and accounts and the supervision and maintenance of accounts payable and expenses of Eagle the Bank and the reporting of the status thereof at each scheduled or called meeting of the Board or any committee thereof; provided, however, that all expenditures on behalf of Eagle the Bank shall be approved in accordance with the terms and conditions of procedures established by the Board; (j) such other duties of the President and Chief Executive Officer of the Bank as may be enumerated in the BylawsBylaws of the Bank; and (k) such other duties and responsibilities as are normally incident to the subject position of President and Chief Executive Officer of a banking institutionOfficer, including assisting, directing and/or supervising the operations and other employees of Eagle the Bank upon such terms, conditions, rules, policies and regulations as may be established by the Board from time to time.

Nature and Substance. Xxxx (a) Prior to the Promotion Date: (i) Executive shall have the duties and functions as Executive Vice President and Chief Credit Officer as are customarily performed by an employee bearing such title, and as may be specifically assigned by the Bank Board or the President and Chief Executive Officer of the Bank, which are commensurate with Executive’s education, training and experience; and (ii) Executive shall report directly to and be subject to the Chairman and shall be under the direction supervision of the Chairman. The President and Chief Executive Officer of the Bank. (b) From and after the Promotion Date the specific powers and duties of Xxxx the Executive as President and Chief Executive Officer shall be establishedinclude, determined and modified subject to modification by and within the discretion of the BoardBoards, including (but shall not necessarily be limited to):: (ai) the coordination and leadership of the efforts of Eagle the Company and Bank to achieve and maintain any and all necessary and/or appropriate Bank Regulatory Agency approvals and permissions prerequisite to its successful continued operation, including coordination of the professional services of counsel, accountants and bank consultants; (bii) the preparation coordination and presentation leadership of efforts to prepare and present budgets to the Board Boards for approval and to report to the Boards the results of budgets and adherence of Eagle operations in relationship to those the budget approved by the BoardBoards; (ciii) the provision coordination and leadership of the efforts to provide such reports, updates and other data and information as may be reasonably required by Eagle the Boards and Bank Regulatory Agencies; (div) the coordination and leadership of the Company’s and Bank’s efforts in regard to the investigation, consideration and implementation of strategic planning activities, merger and acquisition activity and capital raising; (v) subject to guidelines and/or criteria established by Eaglethe Boards, the hiring, promotion, supervision, retention and discharge of all employees, except for executive officers of Eagle at or above below the level of Executive Vice PresidentExecutive; (evi) supervision and leadership in the formulation and implementation of the Company’s and Bank’s employee personnel policies and benefits, subject to approval by the Board; Boards; (fvii) the promotion of the reputation and business of Eagle the Company and Bank within the community; (gviii) the advancement of the business purposes of Eaglethe Company and Bank, including, but not limited to, business development and customer, depositor and public relations; (h) participation in and service upon such committees and subcommittees as may be directed by the Board, without additional compensation to that set forth hereinbelow; (iix) supervision of the maintenance of the books and accounts and the supervision and maintenance of accounts payable and expenses of Eagle the Company and Bank and the reporting of the status thereof at each scheduled or called meeting of the Board Boards or any committee thereof; provided, however, that all expenditures on behalf of Eagle the Company or Bank or shall be approved in accordance with the terms and conditions of procedures established by the appropriate Board; (jx) such other duties of the President and Chief Executive Officer of the Company or Bank as may be enumerated in the BylawsBylaws of the Company and Bank; and (kxi) such other duties and responsibilities as are normally incident to the position of President and Chief Executive Officer of a banking institutionOfficer, including assisting, directing and/or supervising the operations and other employees of Eagle the Company and Bank upon such terms, conditions, rules, policies and regulations as may be established by the Board Boards from time to time. (c) From and after the occurrence or consummation of a Change in Control, Executive shall continue to serve under this Agreement in such executive or officer capacity as may be determined by the then current Bank Board, which are commensurate with Executive’s education, training and experience.