Other Vested Benefits. Except as provided in this Agreement, Executive shall not be entitled to any other compensation or benefits from the Company or its subsidiaries or affiliates, other than for vested benefits under the terms of the Company’s retirement and welfare benefit plans of general applicability (excluding for this purpose benefits under any severance plan or policy of, or severance agreement with, the Company to which Executive shall have no entitlement).
Other Vested Benefits. Any other vested benefits accrued by Executive prior to the Separation Date under employee benefit plans of the Company shall be paid or provided to Executive in accordance with, and as such obligations become due under, the terms of the applicable plan. Executive is entitled to these vested benefits regardless of whether Executive executes this Agreement.
Other Vested Benefits. In the case of any termination, the Executive (or his estate) shall be entitled to (i) any additional payments, benefits or entitlements to which he is entitled in accordance with the applicable terms of any applicable plan, policy, program, arrangement or other agreement of the Company or any Subsidiary or affiliate or, if applicable, pursuant to Section 11 and Section 20 hereof, and (ii) payment of any amounts which are vested or have been earned or are due and remain unpaid, including, without limitation, base salary through the date of termination, any unreimbursed business expenses, any bonus payment for any performance period which has ended prior to the date of termination for which the Executive has not been paid and any vested portion of the Initial LTIP Award (payable at such times as such Initial LTIP Award would otherwise have been paid had he remained employed by the Company) and any vested Retention Payment. In addition, for any termination of the Executive’s employment on or after the date the Retention Bonus has vested (other than in the event of a termination of the Executive’s employment by the Company for Cause), the Executive shall be entitled to (x) a Pro-Rata Bonus for the fiscal year in which his termination date occurs and (y) to the extent unpaid as of his termination date, a bonus for the fiscal year immediately preceding the fiscal year in which the termination date occurs determined based on the bonus that would have been paid to the Executive had he remained employed through the date on which such bonuses are paid to senior executives of the Company generally. Finally, for the avoidance of doubt, this Section 10(e) shall survive any expiration of the Employment Term and shall apply with respect to any termination of the Executive’s employment after the expiration of the Employment Term.
Other Vested Benefits. In the case of any termination, the Executive (or his estate) shall be entitled to (i) any additional payments, benefits or entitlements to which he is entitled in accordance with the applicable terms of any applicable plan, policy, program, arrangement or other agreement of the Company or any Subsidiary or affiliate or, if applicable, pursuant to Section 8, Section 11 and Section 20 hereof, (ii) payment of any amounts which are vested or have been earned or are due and remain unpaid, including, without limitation, base salary through the date of termination, any unreimbursed business expenses, the vested portion of the First Year Guaranteed Annual Bonus, any bonus payment for any performance period which has ended prior to the date of termination for which the Executive has not been paid and any vested portion of any outstanding LTIP award (payable at such times as such LTIP award would otherwise have been paid had he remained employed by the Company), and (iii) any rights the Executive has a shareholder in the Company or pursuant to this Agreement with respect to the Investment, the shares payable in connection with the Initial LTIP Award and any other equity held by the Executive.
Other Vested Benefits. (a) The Employer shall pay to Employee on the Separation Date any earned, unpaid wages through the Separation Date and unused, accrued paid time off days through the Separation Date.
(b) Employee shall be entitled to any vested benefits he may have under the Employer’s 401(k) Plan that are applicable to him on the Separation Date. Such benefits will be in accordance with and subject to the applicable terms and conditions of such plan.
Other Vested Benefits. In the case of any termination, the Executive (or his estate) shall be entitled to (i) any additional payments, benefits or entitlements to which he is entitled in accordance with the applicable terms of any applicable plan, policy, program, arrangement or other agreement of the Company or any Subsidiary or affiliate or, if applicable, pursuant to Section 8, Section 11 and Section 20 hereof, (ii) payment of any amounts which are vested or have been earned or are due and remain unpaid, including, without limitation, base salary through the date of termination, any unreimbursed business expenses, any bonus payment for any performance period which has ended prior to the date of termination for which the Executive has not been paid, any vested portion of the Initial LTIP Award, any vested portion of the Special Restricted Shares or any vested portion of the 2009 LTIP Award (with the 2009 LTIP Award payable at such times as such LTIP Award would otherwise have been paid had he remained employed by the Company) and any vested Retention Payment, and (iii) any rights the Executive has a shareholder in the Company or pursuant to this Agreement with respect to the Investment, the shares payable in connection with the Initial LTIP Award, the Special Restricted Shares and any other equity held by the Executive.
Other Vested Benefits. Executive shall be entitled to any vested benefits he may have under Employer’s Savings Incentive Plan (the “401(k) Plan”) and the Supplemental Executive Retirement Agreement between Executive, Employer, and Security Bank of Xxxx County, dated August 22, 2005 (the “SERP”), that are applicable to him on the Separation Date. Such benefits will be in accordance with and subject to the applicable terms and conditions of such plans and agreements.
Other Vested Benefits. To the extent not theretofore paid or provided, Company shall pay to Executive all vested benefits or other amounts that Executive is otherwise entitled to receive under any plan, policy, practice or program of or any contract or agreement with Company or any of its Subsidiaries at or subsequent to the Termination Date in accordance with such plan, policy, practice or program or contract or agreement except as explicitly modified by this Agreement; provided, however, if Executive receives the payments and benefits in accordance with paragraphs (B), (C), (D),(E), and (F) of this Section 4, Executive shall not, in order to avoid any duplication of benefit, be entitled to any severance pay or benefits under any severance plan, program or policy of Company or its Subsidiaries, unless otherwise specifically provided therein in a specific reference to this Agreement.
Other Vested Benefits. In the case of any termination, the Executive (or his estate) shall be entitled to (i) any additional payments, benefits or entitlements to which he is entitled in accordance with the applicable terms of any applicable plan, policy, program, arrangement or other agreement of the Company or any Subsidiary or affiliate or, if applicable, pursuant to Section 10 and Section 19 hereof, and (ii) payment of any amounts which are vested or have been earned or are due and remain unpaid, including, without limitation, base salary through the date of termination, any unreimbursed business expenses, any bonus payment for any performance period which has ended prior to the date of termination for which the Executive has not been paid and the vested Initial LTIP Award (payable at such times as such Initial LTIP Award would otherwise have been paid had he remained employed by the Company) and any vested quarterly Guaranteed Bonus Payment or Retention Payment.
Other Vested Benefits. To the extent that the amount of a benefit has not been provided in the foregoing categories (a), (b), (c), (d) and (e), the remaining assets shall be allocated to provide the benefit payable under the Plan to or on behalf of a Participant had his employment terminated for a reason other than death on the effective date of Plan termination, in the following order of preference:
(i) To any Participant who had retired prior to the effective date of Plan termination under either Section 4.01, or who was eligible to retire on the effective date of Plan termination under said Section;
(ii) To any Participant who had retired prior to the effective date of Plan termination under Section 4.02, or who was eligible to retire on the effective date of Plan termination under said Section; or
(iii) To any Participant whose employment had terminated prior to the effective date of Plan termination with entitlement to a deferred Vested Accrued Benefit under Section 8.04(b), or who would have been eligible for a deferred Vested Accrued Benefit under said Section had his employment terminated on the effective date of Plan termination.
