No Violation of Golden Parachute Rules. Cortland Bancorp, the Bank, and the Executive acknowledge and agree that any payment to the Executive under this Agreement and any agreement to make a payment to the Executive are or may be subject to the golden parachute limitations of 12 U.S.C. 1828(k) and FDIC rules at 12 C.F.R. Part 359. Cortland Bancorp, the Bank, and the Executive acknowledge and agree that if any payment or agreement to make a payment under this Agreement would be considered a golden parachute payment under 12 C.F.R. 359.1(f), neither Cortland Bancorp nor the Bank has a contractual or other obligation to make the payment to the Executive, and the agreement to make the payment is void, unless (x) the payment receives the prior approval of the appropriate Federal banking agency, if required at that time by 12 U.S.C. section 1828(k), 12 C.F.R. Part 359, or other federal or state laws, rules or regulations, and (y) the obligation and the payment comply in all other respects with 12 U.S.C. section 1828(k), 12 C.F.R. Part 359, and other federal and state laws, rules or regulations, to the extent applicable at the time.
Appears in 6 contracts
Samples: Severance Agreement (Cortland Bancorp Inc), Severance Agreement (Cortland Bancorp Inc), Severance Agreement (Cortland Bancorp Inc)
No Violation of Golden Parachute Rules. Cortland Bancorp, the Bank, and the Executive acknowledge and agree that any payment to the Executive under this Agreement and any agreement to make a payment to the Executive are or may be subject to the golden parachute limitations of 12 U.S.C. 1828(k) and FDIC rules at 12 C.F.R. Part 359. Cortland Bancorp, the Bank, and the Executive acknowledge and agree that if any payment or agreement to make a payment under this Agreement would be considered a golden parachute payment under 12 C.F.R. 359.1(f), neither Cortland Bancorp nor the Bank has shall have a contractual or other obligation to make the payment to the Executive, and the agreement to make the payment is shall be void, unless (x) the payment receives the prior approval of the appropriate Federal banking agency, if required at that time by 12 U.S.C. section 1828(k), 12 C.F.R. Part 359, or other federal or state laws, rules or regulations, and (y) the obligation and the payment comply in all other respects with 12 U.S.C. section 1828(k), 12 C.F.R. Part 359, and other federal and state laws, rules or regulations, to the extent applicable at the time.
Appears in 5 contracts
Samples: Severance Agreement (Cortland Bancorp Inc), Severance Agreement (Cortland Bancorp Inc), Severance Agreement (Cortland Bancorp Inc)
No Violation of Golden Parachute Rules. Cortland BancorpThe Corporation, the Bank, and the Executive acknowledge and agree that any payment to the Executive under this Employment Agreement and any agreement to make a payment to the Executive are or may be subject to the golden parachute limitations of 12 U.S.C. 1828(k) and FDIC rules at 12 C.F.R. Part 359. Cortland BancorpThe Corporation, the Bank, and the Executive acknowledge and agree that if any payment or agreement to make a payment under this Employment Agreement would be considered a golden parachute payment under 12 C.F.R. 359.1(f), neither Cortland Bancorp the Corporation nor the Bank has shall have a contractual or other obligation to make the payment to the Executive, and the agreement to make the payment is shall be void, unless (x) the payment receives the prior approval of the appropriate Federal federal banking agency, if required at that time by 12 U.S.C. section 1828(k), 12 C.F.R. Part 359, or other federal or state laws, rules or regulations, and (y) the obligation and the payment comply in all other respects with 12 U.S.C. section 1828(k), 12 C.F.R. Part 359, and other federal and state laws, rules or regulations, to the extent applicable at the time.
Appears in 2 contracts
Samples: Employment Agreement (1st Financial Services CORP), Employment Agreement (1st Financial Services CORP)