No Benefits Payable Upon Termination for Cause. Notwithstanding anything contained herein to the contrary, no SERP Benefits shall be payable to the Participant if his or her employment with the Employer is terminated for Cause, regardless of whether the Participant would otherwise be vested in his or her SERP Benefit. For purposes hereof, a Participant whose employment is terminated for any of the following reasons shall be regarded as having been terminated for “Cause”: (i) willful or grossly negligent misconduct that is materially injurious to the Employer; (ii) embezzlement or misappropriation of funds or property of the Employer; (iii) conviction of a felony or the entrance of a plea of guilty or nolo contendere to a felony; (iv) conviction of any crime involving fraud, dishonesty, moral turpitude or breach of trust or the entrance of a plea of guilty or nolo contendere to such a crime; (v) failure or refusal by the Participant to devote full business time and attention to the performance of his or her duties and responsibilities if such breach has not been cured within fifteen (15) days after notice is given to the Participant; or (vi) issuance of a final non-appealable order or other direction by a Federal or state regulatory agency prohibiting the Participant’s employment in the business of banking.
Appears in 2 contracts
Samples: Participation Agreement (First United Corp/Md/), Participation Agreement (First United Corp/Md/)
No Benefits Payable Upon Termination for Cause. Notwithstanding anything contained herein to the contrary, no SERP Benefits shall be payable to the Participant if his or her employment with the Employer is terminated for Cause, regardless of whether the Participant would otherwise be vested in his or her SERP Benefit. For purposes hereof, a Participant whose employment is terminated for any of the following reasons shall be regarded as having been terminated for “Cause”:
(i) willful or grossly negligent misconduct that is materially injurious to the Employer;
(ii) embezzlement or misappropriation of funds or property of the Employer;
(iii) conviction of a felony or the entrance of a plea of guilty or nolo contendere to a felony;
(iv) conviction of any crime involving fraud, dishonesty, moral turpitude or breach of trust or the entrance of a plea of guilty or nolo contendere to such a crime;
(v) failure or refusal by the Participant to devote full business time and attention to the performance of his or her duties and responsibilities if such breach has not been cured within fifteen (15) days after notice is given to the Participant; or
(vi) issuance of a final non-appealable order or other direction by a Federal or state regulatory agency prohibiting the Participant’s employment in the business of banking.
Appears in 2 contracts
Samples: Participation Agreement (First United Corp/Md/), Participation Agreement (First United Corp/Md/)
No Benefits Payable Upon Termination for Cause. Notwithstanding anything contained herein to the contrary, no SERP Benefits benefits related to Employer Contribution Credits shall be payable to the Participant if his or her employment with the Employer is terminated for Cause, regardless of whether the Participant would otherwise be vested in his or her SERP BenefitEmployer Contribution Credits. For purposes hereof, a Participant whose employment is terminated for any of the following reasons shall be regarded as having been terminated for “Cause”:
(i) willful or grossly negligent misconduct that is materially injurious to the Employer;
(ii) embezzlement or misappropriation of funds or property of the Employer;
(iii) conviction of a felony or the entrance of a plea of guilty or nolo contendere to a felony;
(iv) conviction of any crime involving fraud, dishonesty, moral turpitude or breach of trust or the entrance of a plea of guilty or nolo contendere to such a crime;
(v) failure or refusal by the Participant to devote full business time and attention to the performance of his or her duties and responsibilities if such breach has not been cured within fifteen (15) days after notice is given to the Participant; or
(vi) issuance of a final non-appealable order or other direction by a Federal or state regulatory agency prohibiting the Participant’s employment in the business of banking.
Appears in 2 contracts
Samples: Defined Contribution Serp Agreement (First United Corp/Md/), Serp Alternative Participation Agreement (First United Corp/Md/)
No Benefits Payable Upon Termination for Cause. Notwithstanding anything contained herein to the contrary, no SERP Defined Benefits shall be payable to the Participant if his or her employment with the Employer is terminated for Cause, regardless of whether the Participant would otherwise be vested in his or her SERP Defined Benefit. For purposes hereof, a Participant whose employment is terminated for any of the following reasons shall be regarded as having been terminated for “Cause”:
(i) willful or grossly negligent misconduct that is materially injurious to the Employer;
(ii) embezzlement or misappropriation of funds or property of the Employer;
(iii) conviction of a felony or the entrance of a plea of guilty or nolo contendere to a felony;
(iv) conviction of any crime involving fraud, dishonesty, moral turpitude or breach of trust or the entrance of a plea of guilty or nolo contendere to such a crime;
(v) failure or refusal by the Participant to devote full business time and attention to the performance of his or her duties and responsibilities if such breach has not been cured within fifteen (15) days after notice is given to the Participant; or
(vi) issuance of a final non-appealable order or other direction by a Federal or state regulatory agency prohibiting the Participant’s employment in the business of banking.
Appears in 1 contract
No Benefits Payable Upon Termination for Cause. Notwithstanding anything contained herein to the contrary, no SERP Benefits benefits shall be payable to the any Participant if who is terminated from his or her employment with the Employer is terminated for Cause, regardless of whether the Participant would otherwise be vested in his or her SERP Benefitcause. For purposes hereof, a Participant whose employment is terminated for any of the following reasons shall be regarded as having been terminated for “Cause”cause:
(ia) engaging in willful or grossly negligent misconduct that is materially injurious to the Employer;
(iib) embezzlement or misappropriation of funds or property of the Employer;
(iiic) conviction of a felony or the entrance of a plea of guilty or nolo contendere to a felony;
(ivd) conviction of any crime involving fraud, dishonesty, moral turpitude or breach of trust or the entrance of a plea of guilty or nolo contendere to such a crime;
(ve) failure or refusal by the Participant to devote full business time and attention to the performance of his or her duties and responsibilities if such breach has not been cured within fifteen (15) days after notice is given to the Participant; or
(vif) issuance of a final non-appealable order or other direction by a Federal or state regulatory agency prohibiting the Participant’s employment in the business of banking.
Appears in 1 contract
Samples: Supplemental Employee Retirement Plan Participation Agreement (Alliance Bancorp Inc of Pennsylvania)