of ERISA. The actuarial present values of all accrued deferred compensation entitlements (including entitlements under any executive compensation, supplemental retirement, or employment agreement) of employees and former employees of any First South Entity and their respective beneficiaries, other than entitlements accrued pursuant to funded retirement plans, whether or not subject to the provisions of Code Section 412 or ERISA Section 302, have been fully reflected on the First South Financial Statements in all material respects to the extent required by and in accordance with GAAP.
Appears in 3 contracts
Samples: Employment Agreement (Carolina Financial Corp), Agreement and Plan of Merger and Reorganization (First South Bancorp Inc /Va/), Agreement and Plan of Merger and Reorganization (Carolina Financial Corp)
of ERISA. The actuarial present values of all accrued deferred compensation entitlements (including entitlements under any executive compensation, supplemental retirement, or employment agreement) of employees and former employees of any First South Seller Entity and their respective beneficiaries, other than entitlements accrued pursuant to funded retirement plans, whether or not subject to the provisions of Code Section 412 or ERISA Section 302, have been fully reflected on the First South Seller Financial Statements in all material respects to the extent required by and in accordance with GAAP.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Yadkin Valley Financial Corp), Agreement and Plan of Merger (American Community Bancshares Inc)
of ERISA. The actuarial present values of all accrued deferred compensation entitlements (including entitlements under any executive compensation, supplemental retirement, or employment agreement) of employees and former employees of any First South Parent Entity and their respective beneficiaries, other than entitlements accrued pursuant to funded retirement plans, whether or not subject to the provisions of Code Section 412 or ERISA Section 302, have been fully reflected on the First South Parent Financial Statements in all material respects to the extent required by and in accordance with GAAP.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Palmetto Bancshares Inc), Agreement and Plan of Merger (United Community Banks Inc)
of ERISA. The actuarial present values of all accrued deferred compensation entitlements (including entitlements under any executive compensation, supplemental retirement, or employment agreement) of employees and former employees of any First South CLBH Entity and their respective beneficiaries, other than entitlements accrued pursuant to funded retirement plans, whether or not subject to the provisions of Code Section 412 or ERISA Section 302, have been fully reflected on the First South CLBH Financial Statements in all material respects to the extent required by and in accordance with GAAP.
Appears in 2 contracts
Samples: Consulting and Noncompete Agreement (Carolina Bank Holdings Inc), Consulting and Noncompete Agreement (First Bancorp /Nc/)
of ERISA. The actuarial present values of all accrued deferred compensation entitlements (including entitlements under any executive compensation, supplemental retirement, or employment agreement) of employees and former employees of any First South Buyer Entity and their respective beneficiaries, other than entitlements accrued pursuant to funded retirement plans, whether or not subject to the provisions of Code Section 412 or ERISA Section 302, have been fully reflected on the First South Buyer Financial Statements in all material respects to the extent required by and in accordance with GAAP.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Yadkin Valley Financial Corp), Agreement and Plan of Merger (American Community Bancshares Inc)
of ERISA. The actuarial present values of all accrued deferred compensation entitlements (including entitlements under any executive compensation, supplemental retirement, or employment agreement) of current employees and former employees of any First South West Suburban Entity and their respective beneficiaries, other than entitlements accrued pursuant to funded retirement plans, whether or not subject to the provisions of Code Section 412 or ERISA Section 302, have been fully reflected on the First South West Suburban Financial Statements in all material respects to the extent required by and in accordance with GAAP.
Appears in 2 contracts
Samples: Employment Agreement (Old Second Bancorp Inc), Employment Agreement (Old Second Bancorp Inc)
of ERISA. The actuarial present values of all accrued deferred compensation entitlements (including entitlements under any executive compensation, supplemental retirement, or employment agreement) of employees and former employees of any First South PLMT Entity and their respective beneficiaries, other than entitlements accrued pursuant to funded retirement plans, whether or not subject to the provisions of Code Section 412 or ERISA Section 302, have been fully reflected on the First South PLMT Financial Statements in all material respects to the extent required by and in accordance with GAAP.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (United Community Banks Inc), Agreement and Plan of Merger (Palmetto Bancshares Inc)
of ERISA. The actuarial present values of all accrued deferred compensation entitlements (including entitlements under any executive compensation, supplemental retirement, or employment agreement) of employees and former employees of any First South GSB Entity and their respective beneficiaries, other than entitlements accrued pursuant to funded retirement plans, whether or not subject to the provisions of Code Section 412 or ERISA Section 302, have been fully reflected on the First South GSB Financial Statements in all material respects to the extent required by and in accordance with GAAP.
Appears in 2 contracts
Samples: Agreement and Plan of Merger and Reorganization (Grandsouth Bancorporation), Agreement and Plan of Merger (First Bancorp /Nc/)
of ERISA. The actuarial present values of all accrued deferred compensation entitlements (including entitlements under any executive compensation, supplemental retirement, or employment agreement) of employees and former employees of any First South ASBB Entity and their respective beneficiaries, other than entitlements accrued pursuant to funded retirement plans, whether or not subject to the provisions of Code Section 412 or ERISA Section 302, have been fully reflected on the First South ASBB Financial Statements in all material respects to the extent required by and in accordance with GAAP.
Appears in 2 contracts
Samples: Agreement and Plan of Merger and Reorganization (ASB Bancorp Inc), Agreement and Plan of Merger and Reorganization (First Bancorp /Nc/)
of ERISA. The actuarial present values of all accrued deferred compensation entitlements (including entitlements under any executive compensation, supplemental retirement, or employment agreement) of employees and former employees of any First South SB Entity and their respective beneficiaries, other than entitlements accrued pursuant to funded retirement plans, whether or not subject to the provisions of Code Section 412 or ERISA Section 302, have been fully reflected on the First South SB Financial Statements in all material respects to the extent required by and in accordance with GAAP.
Appears in 1 contract
Samples: Agreement and Plan of Merger and Reorganization (Select Bancorp, Inc.)
of ERISA. The actuarial present values of all accrued deferred compensation entitlements (including entitlements under any executive compensation, supplemental retirement, or employment agreement) of employees and former employees of any First South CBG Entity and their respective beneficiaries, other than entitlements accrued pursuant to funded retirement plans, whether or not subject to the provisions of Code Section 412 or ERISA Section 302, have been fully reflected on the First South CBG Financial Statements in all material respects to the extent required by and in accordance with GAAP.
Appears in 1 contract
Samples: Agreement and Plan of Merger and Reorganization (Entegra Financial Corp.)
of ERISA. The actuarial present values of all accrued deferred compensation entitlements (including entitlements under any executive compensation, supplemental retirement, or employment agreement) of employees and former employees of any First South Seller Entity and their respective beneficiaries, other than entitlements accrued pursuant to funded retirement plans, whether or not subject to the provisions of Code Section 412 or ERISA Section 302, have been fully reflected on the First South Seller Financial Statements in all material respects to the extent required by and in accordance with GAAP.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Carolina Financial Corp)
of ERISA. The actuarial present values of all accrued deferred compensation entitlements (including entitlements under any executive compensation, supplemental retirement, or employment agreement) of employees and former employees of any First South Buyer Entity and their respective beneficiaries, other than entitlements accrued pursuant to funded retirement plans, whether or not subject to the provisions of Code Section 412 or ERISA Section 302, have been fully reflected on the First South Buyer Financial Statements in all material respects to the extent required by and in accordance with GAAP.
Appears in 1 contract
Samples: Agreement and Plan of Merger and Reorganization (Carolina Trust BancShares, Inc.)
