Common use of Plan Administrator Duties Clause in Contracts

Plan Administrator Duties. The Plan Administrator shall administer this Agreement according to its express terms and shall also have the discretion and authority to (i) make, amend, interpret and enforce all appropriate rules and regulations for the administration of this Agreement and (ii) decide or resolve any and all questions, including interpretations of this Agreement, as may arise in connection with this Agreement to the extent the exercise of such discretion and authority does not conflict with Code Section 409A.

Appears in 111 contracts

Samples: Supplemental Executive Retirement Plan Agreement (Lake Shore Bancorp, Inc.), Supplemental Executive Retirement Plan Agreement (Lake Shore Bancorp, Inc.), Salary Continuation Agreement (Home Bancorp, Inc.)

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Plan Administrator Duties. This Agreement shall be administered by a Plan Administrator which shall consist of the Board, or such committee or person(s) as the Board shall appoint. The Plan Administrator shall administer this Agreement according to its express terms and shall also have the discretion and authority to (i) make, amend, interpret and enforce all appropriate rules and regulations for the administration of this Agreement and (ii) decide or resolve any and all questions, questions including interpretations of this Agreement, as may arise in connection with this the Agreement to the extent the exercise of such discretion and authority does not conflict with Section 409A of the Code Section 409A.and regulations thereunder.

Appears in 53 contracts

Samples: Director Retirement Agreement (Mercer Bancorp, Inc.), Director Retirement Agreement (Mercer Bancorp, Inc.), Director Deferred Fee Agreement (Mid Penn Bancorp Inc)

Plan Administrator Duties. This Agreement shall be administered by a Plan Administrator which shall consist of the Board, or such committee or person(s) as the Board shall appoint. The Executive may be a member of the Plan Administrator. The Plan Administrator shall administer this Agreement according to its express terms and shall also have the discretion and authority to (i) make, amend, interpret and enforce all appropriate rules and regulations for the administration of this Agreement and (ii) decide or resolve any and all questions, questions including interpretations of this Agreement, as may arise in connection with this Agreement to the extent the exercise of such discretion and authority does not conflict with Code Section 409A.Agreement.

Appears in 41 contracts

Samples: Salary Continuation Agreement (Westbury Bancorp, Inc.), Salary Continuation Agreement (Westbury Bancorp, Inc.), Salary Continuation Agreement (Westbury Bancorp, Inc.)

Plan Administrator Duties. This Agreement shall be administered by a Plan Administrator which shall consist of the Board, or such committee or persons as the Board may choose. The Plan Administrator shall administer this Agreement according to its express terms and shall also have the discretion and authority to (i) make, amend, interpret and enforce all appropriate rules and regulations for the administration of this Agreement and (ii) decide or resolve any and all questions, questions including interpretations of this Agreement, as may arise in connection with this Agreement to the extent the exercise of such discretion and authority does not conflict with Code Section 409A.Agreement.

Appears in 37 contracts

Samples: Split Dollar Agreement, Endorsement Split Dollar Life Insurance Agreement (ESSA Bancorp, Inc.), Endorsement Split Dollar Life Insurance Agreement (ESSA Bancorp, Inc.)

Plan Administrator Duties. This Agreement shall be administered by a Plan Administrator consisting of the board or such committee or person(s) as the board shall appoint. The Executive may be a member of the Plan Administrator. The Plan Administrator shall administer this Agreement according to its express terms and shall also have the discretion and authority to (ia) make, amend, interpret interpret, and enforce all appropriate rules and regulations for the administration of this Agreement and (iib) decide or resolve any and all questions, including interpretations of this Agreement, as may arise in connection with this Agreement to the extent the exercise of such discretion and authority does not conflict with Code Section 409A.Agreement.

Appears in 36 contracts

Samples: Salary Continuation Agreement, Salary Continuation Agreement, Salary Continuation Agreement (Newmil Bancorp Inc)

Plan Administrator Duties. This Agreement shall be administered by a Plan Administrator which shall consist of the Board, or such committee or person(s) as the Board shall appoint. The Plan Administrator shall administer this Agreement according to its express terms and shall also have the discretion and authority to (i) make, amend, interpret and enforce all appropriate rules and regulations for the administration of this Agreement and (ii) decide or resolve any and all questions, questions including interpretations of this Agreement, as may arise in connection with this Agreement to the extent the exercise of such discretion and authority does not conflict with Code Section 409A.Agreement.

Appears in 27 contracts

Samples: Executive Deferred Compensation Agreement, Supplemental Executive Retirement Agreement (Two River Bancorp), Director Deferred Fee Agreement (Madison County Financial, Inc.)

Plan Administrator Duties. This Agreement shall be administered by a Plan Administrator consisting of the board or such committee or persons as the board shall appoint. The Executive may not be a member of the Plan Administrator. The Plan Administrator shall administer this Agreement according to its express terms and shall also have the discretion and authority to (ix) make, amend, interpret interpret, and enforce all appropriate rules and regulations for the administration of this Agreement and (iiy) decide or resolve any and all questionsquestions that may arise, including interpretations of this Agreement, as may arise in connection with this Agreement to the extent the exercise of such discretion and authority does not conflict with Code Section 409A..

Appears in 20 contracts

Samples: Executive Deferred Compensation Agreement (Middlefield Banc Corp), Executive Deferred Compensation Agreement (Middlefield Banc Corp), Executive Deferred Compensation Agreement (Middlefield Banc Corp)

Plan Administrator Duties. This Agreement shall be administered by a Plan Administrator consisting of the Bank’s board of directors or such committee or person(s) as the board shall appoint. The Executive may not be a member of the Plan Administrator. The Plan Administrator shall administer this Agreement according to its express terms and shall also have the discretion and authority to (ix) make, amend, interpret interpret, and enforce all appropriate rules and regulations for the administration of this Agreement and (iiy) decide or resolve any and all questionsquestions that may arise, including interpretations of this Agreement, as may arise in connection with this Agreement to the extent the exercise of such discretion and authority does not conflict with Code Section 409A..

Appears in 17 contracts

Samples: Salary Continuation Agreement (Carolina Bank Holdings Inc), Salary Continuation Agreement (First Reliance Bancshares Inc), Salary Continuation Agreement (Tidelands Bancshares Inc)

Plan Administrator Duties. The Plan Administrator shall administer this Agreement according to its express terms and shall also have the discretion and authority to (i) make, amend, interpret and enforce all appropriate rules and regulations for the administration administra­tion of this Agreement and (ii) decide or resolve any and all questionsques­tions, including interpretations of this Agreement, as may arise in connection with this Agreement to the extent the exercise of such discretion and authority does not conflict with Code Section 409A.

Appears in 14 contracts

Samples: Supplemental Executive Retirement Agreement (SBT Bancorp, Inc.), Supplemental Executive Retirement Agreement (SBT Bancorp, Inc.), Supplemental Executive Retirement Agreement (SBT Bancorp, Inc.)

Plan Administrator Duties. This Agreement shall be administered by a Plan Administrator which shall consist of the Board, or such committee or person(s) as the Board shall appoint. The Director may be a member of the Plan Administrator. The Plan Administrator shall administer this Agreement according to its express terms and shall also have the discretion and authority to (i) make, amend, interpret and enforce all appropriate rules and regulations for the administration of this Agreement and (ii) decide or resolve any and all questions, questions including interpretations of this Agreement, as may arise in connection with this Agreement to the extent the exercise of such discretion and authority does not conflict with Code Section 409A.Agreement.

Appears in 13 contracts

Samples: Director Retirement Agreement (Community Financial Corp /Va/), Supplemental Director Retirement Agreement (BCSB Bancorp Inc.), Salary Continuation Agreement (Appalachian Bancshares Inc)

Plan Administrator Duties. The Plan Administrator shall administer this Agreement according to its express terms and shall also have the discretion and authority to to: (i) make, amend, interpret and enforce all appropriate rules and regulations for the administration of this Agreement and (ii) decide or resolve any and all questions, including interpretations of this Agreement, as may arise in connection with this Agreement to the extent the exercise of such discretion and authority does not conflict with Code Section 409A.Agreement.

Appears in 13 contracts

Samples: Split Dollar Life Insurance Agreement (Prime Meridian Holding Co), Split Dollar Life Insurance Agreement (Century Bancorp Inc), Split Dollar Life Insurance Agreement (Century Bancorp Inc)

Plan Administrator Duties. The Plan Administrator shall administer this Agreement according to its express terms and shall also have the discretion and authority to (i) make, amend, interpret and enforce all appropriate rules and regulations for the administration of this Agreement and (ii) decide or resolve any and all questions, including interpretations of this Agreement, as may arise in connection with this the Agreement to the extent the exercise of such discretion and authority does not conflict with Code Section 409A.

Appears in 12 contracts

Samples: Salary Continuation Agreement (First Keystone Corp), Salary Continuation Agreement (First Keystone Corp), Supplemental Executive Retirement Plan Agreement (Athens Bancshares Corp)

Plan Administrator Duties. This Agreement shall be administered by a Plan Administrator consisting of the Board or such committee or person as the Board shall appoint. The Executive may not be a member of the Plan Administrator. The Plan Administrator shall administer this Agreement according to its express terms and shall also have the discretion and authority to (ix) make, amend, interpret interpret, and enforce all appropriate rules and regulations for the administration of this Agreement and (iiy) decide or resolve any and all questionsquestions that may arise, including interpretations of this Agreement, as may arise in connection with this Agreement to the extent the exercise of such discretion and authority does not conflict with Code Section 409A..

Appears in 12 contracts

Samples: Salary Continuation Agreement (Eagle Bancorp Montana, Inc.), Salary Continuation Agreement (Eagle Bancorp Montana, Inc.), Salary Continuation Agreement (Cortland Bancorp Inc)

Plan Administrator Duties. The Plan Administrator shall administer this Agreement according to its express terms and shall also have the discretion and authority to to: (i) make, amend, interpret and enforce all appropriate rules and regulations for the administration of this Agreement Agreement; and (ii) decide or resolve any and all questions, including interpretations of this Agreement, as may arise in connection with this Agreement to the extent the exercise of such discretion and authority does not conflict with Code Section 409A.Agreement.

Appears in 11 contracts

Samples: Endorsement Split Dollar Life Insurance Agreement, Endorsement Split Dollar Life Insurance Agreement (Fluidigm Corp), Split Dollar Life Insurance Agreement (Access National Corp)

Plan Administrator Duties. The Plan Administrator shall administer this Agreement according to its express terms and shall also have the discretion and authority to (i) make, amend, interpret and enforce all appropriate rules and regulations for the administration of this Agreement and (ii) decide or resolve any and all questions, including interpretations of this Agreement, as may arise in connection with this Agreement to the extent the exercise of such discretion and authority does not conflict with Code Section 409A.Agreement.

Appears in 10 contracts

Samples: Split Dollar Life Insurance Agreement (Salisbury Bancorp, Inc.), Split Dollar Life Insurance Agreement (Wilson Bank Holding Co), Split Dollar Life Insurance Agreement (Salisbury Bancorp, Inc.)

Plan Administrator Duties. This Agreement shall be administered by a Plan Administrator consisting of the Board of Directors of the Employer or such committee or person(s) as the Board of Directors of the Employer shall appoint. The Plan Administrator shall administer this Agreement according to its express terms and shall also have the sole and absolute discretion and authority to (i) make, amend, interpret and enforce all appropriate rules and regulations for the administration of this Agreement and (ii) the rights of the Executive under this Agreement, to decide or resolve any and all questionsquestions or disputes arising under this Agreement, including benefits payable under this Agreement and all other interpretations of this Agreement, as may arise in connection with this Agreement to the extent the exercise of such discretion and authority does not conflict with Code Section 409A.Agreement.

Appears in 10 contracts

Samples: Supplemental Executive Retirement Plan Agreement (Sound Financial Bancorp, Inc.), Supplemental Executive Retirement Plan Agreement (Sound Financial Bancorp, Inc.), Supplemental Executive Retirement Plan Agreement (Charter Financial Corp/Ga)

Plan Administrator Duties. This Agreement shall be administered by a Plan Administrator consisting of the Bank’s board of directors or such committee or person(s) as the board shall appoint. The Plan Administrator shall administer this Agreement according to its express terms and shall also have the discretion and authority to (ix) make, amend, interpret interpret, and enforce all appropriate rules and regulations for the administration of this Agreement and (iiy) decide or resolve any and all questionsquestions that may arise, including interpretations of this Agreement, as may arise in connection with this Agreement to the extent the exercise of such discretion and authority does not conflict with Code Section 409A..

Appears in 9 contracts

Samples: Director Retirement Agreement, Director Retirement Agreement (Carolina Bank Holdings Inc), Director Retirement Agreement (Carolina Bank Holdings Inc)

Plan Administrator Duties. This Agreement shall be administered by a Plan Administrator which shall consist of the Board, or such committee or person(s) as the Board shall appoint. The Plan Administrator shall administer this Agreement according to its express terms and shall also have the discretion and authority to (i) make, amend, interpret and enforce all appropriate rules and regulations for the administration administra-tion of this Agreement and (ii) decide or resolve any and all questions, ques-tions including interpretations of this Agreement, as may arise in connection with this the Agreement to the extent the exercise of such discretion and authority does not conflict with Section 409A of the Code Section 409A.and regulations thereunder.

Appears in 8 contracts

Samples: Supplemental Executive Retirement Agreement (SCBT Financial Corp), Director Deferred Compensation Agreement (Sussex Bancorp), Supplemental Executive Retirement Agreement (SCBT Financial Corp)

Plan Administrator Duties. This Agreement shall be administered by a Plan Administrator. The Plan Administrator shall administer this Agreement according to its express terms and shall also have the discretion and authority to (i) make, amend, interpret and enforce all appropriate rules and regulations for the administration of this Agreement and (ii) decide or resolve any and all questions, questions including interpretations of this Agreement, as may arise in connection with this Agreement to the extent the exercise of such discretion and authority does not conflict with Code Section 409A.Agreement.

Appears in 8 contracts

Samples: Salary Continuation Agreement (Greer Bancshares Inc), Salary Continuation Agreement (Greer Bancshares Inc), Stock Appreciation Rights Agreement (Greer Bancshares Inc)

Plan Administrator Duties. This Agreement shall be administered by a Plan Administrator consisting of the Bank’s board of directors or such committee or person(s) as the board shall appoint. The Executive may be a member of the Plan Administrator. The Plan Administrator shall administer this Agreement according to its express terms and shall also have the discretion and authority to (ix) make, amend, interpret interpret, and enforce all appropriate rules and regulations for the administration of this Agreement and (iiy) decide or resolve any and all questions, including interpretations of this Agreement, as may arise in connection with this Agreement to the extent the exercise of such discretion and authority does not conflict with Code Section 409A.Agreement.

Appears in 8 contracts

Samples: Salary Continuation Agreement (Grandsouth Bancorporation), Salary Continuation Agreement (Southern First Bancshares Inc), Salary Continuation Agreement (First Reliance Bancshares Inc)

Plan Administrator Duties. The Plan Administrator shall administer this Agreement according to its express terms and shall also have the discretion and authority to (i) make, amend, interpret and enforce all appropriate rules and regulations for the administration of this Agreement and (ii) decide or resolve any and all questions, including interpretations of this Agreement, as may arise in connection with this Agreement to the extent the exercise of such discretion and authority does not conflict with Code Section 409A.

Appears in 8 contracts

Samples: Supplemental Employee Retirement Plan (Cascade Bancorp), Deferred Bonus Agreement (Cascade Bancorp), Deferred Bonus Agreement (Cascade Bancorp)

Plan Administrator Duties. This Agreement shall be administered by a Plan Administrator consisting of the Bank's board of directors or such committee or person(s) as the board shall appoint. The Director may be a member of the Plan Administrator. The Plan Administrator shall administer this Agreement according to its express terms and shall also have the discretion and authority to (ia) make, amend, interpret interpret, and enforce all appropriate rules and regulations for the administration of this Agreement and (iib) decide or resolve any and all questions, including interpretations of this Agreement, as may arise in connection with this Agreement to the extent the exercise of such discretion and authority does not conflict with Code Section 409A.Agreement.

Appears in 8 contracts

Samples: Director Retirement Agreement (Citizens South Banking Corp), Director Retirement Agreement (Citizens South Banking Corp), Deferred Compensation and Income Continuation Agreement (Citizens South Banking Corp)

Plan Administrator Duties. This Agreement will be administered by a Plan Administrator consisting of the Board or such committee or person as the Board appoints. The Executive may not be a member of the Plan Administrator. The Plan Administrator shall administer this Agreement according to its express terms and shall also have has the discretion and authority to (ix) make, amend, interpret interpret, and enforce all appropriate rules and regulations for the administration of this Agreement and (iiy) decide or resolve any and all questionsquestions that may arise, including interpretations of this Agreement, as may arise in connection with this Agreement to the extent the exercise of such discretion and authority does not conflict with Code Section 409A..

Appears in 7 contracts

Samples: Salary Continuation Agreement (Cortland Bancorp Inc), Salary Continuation Agreement (Cortland Bancorp Inc), Salary Continuation Agreement (Cortland Bancorp Inc)

Plan Administrator Duties. This Agreement shall be administered by a Plan Administrator consisting of the Company’s board of directors or such committee or person(s) as the board shall appoint. The Director may be a member of the Plan Administrator. The Plan Administrator shall administer this Agreement according to its express terms and shall also have the discretion and authority to (ix) make, amend, interpret interpret, and enforce all appropriate rules and regulations for the administration of this Agreement and (iiy) decide or resolve any and all questions, including interpretations of this Agreement, as may arise in connection with this Agreement to the extent the exercise of such discretion and authority does not conflict with Code Section 409A.Agreement.

Appears in 7 contracts

Samples: Director Retirement Agreement (Cortland Bancorp Inc), Director Retirement Agreement (Cortland Bancorp Inc), Director Retirement Agreement (Cortland Bancorp Inc)

Plan Administrator Duties. This Agreement shall be administered by a Plan Administrator which shall consist of the Board, or such committee or person(s) as the Board shall appoint. The Plan Administrator shall administer this Agreement according to its express terms and shall also have the discretion and authority to (i) make, amend, interpret and enforce all appropriate rules and regulations for the administration of this Agreement and (ii) decide or resolve any and all questions, questions including interpretations of this Agreement, as may arise in connection with this Agreement to the extent Agreement, provided that such amendments and interpretations are made at all times in compliance with Section 409A of the exercise of such discretion and authority does not conflict with Code Section 409A.Code.

Appears in 7 contracts

Samples: Executive Supplemental Compensation Agreement, Executive Supplemental Compensation Agreement, Executive Supplemental Compensation Agreement (FNB Bancorp/Ca/)

Plan Administrator Duties. This Agreement shall be administered by a Plan Administrator consisting of the Company's board of directors or such committee or person(s) as the board shall appoint. The Director may be a member of the Plan Administrator. The Plan Administrator shall administer this Agreement according to its express terms and shall also have the discretion and authority to (ia) make, amend, interpret interpret, and enforce all appropriate rules and regulations for the administration of this Agreement and (iib) decide or resolve any and all questions, including interpretations of this Agreement, as may arise in connection with this Agreement to the extent the exercise of such discretion and authority does not conflict with Code Section 409A.Agreement.

Appears in 7 contracts

Samples: Director Retirement Agreement (Cortland Bancorp Inc), Director Retirement Agreement (Cortland Bancorp Inc), Director Retirement Agreement (Cortland Bancorp Inc)

Plan Administrator Duties. This Agreement shall be administered by a Plan Administrator consisting of the board or such committee or persons as the board shall appoint. The Director may be a member of the Plan Administrator. The Plan Administrator shall administer this Agreement according to its express terms and shall also have the discretion and authority to (ia) make, amend, interpret interpret, and enforce all appropriate rules and regulations for the administration of this Agreement and (iib) decide or resolve any and all questions, including interpretations of this Agreement, as may arise in connection with this Agreement to the extent the exercise of such discretion and authority does not conflict with Code Section 409A.Agreement.

Appears in 7 contracts

Samples: Director Elective Income Deferral Agreement (Bank of Wilmington CORP), Director Elective Income Deferral Agreement (Bank of Wilmington CORP), Director Elective Income Deferral Agreement (Bank of Wilmington CORP)

Plan Administrator Duties. This Agreement shall be administered by a Plan Administrator consisting of the Board or such committee or person(s) as the Board shall appoint. The Executive may not be a member of the Plan Administrator. The Plan Administrator shall administer this Agreement according to its express terms and shall also have the discretion and authority to (ix) make, amend, interpret and enforce all appropriate rules rules, and regulations for the administration of this Agreement and (iiy) decide or resolve any and all questions, questions including interpretations of this Agreement, as may arise in connection with this Agreement to the extent the exercise of such discretion and authority does not conflict with Code Section 409A.Agreement.

Appears in 7 contracts

Samples: Salary Continuation Agreement (Paragon Commercial CORP), Salary Continuation Agreement (Paragon Commercial CORP), Salary Continuation Agreement (Paragon Commercial CORP)

Plan Administrator Duties. This Agreement shall be administered by a Plan Administrator consisting of the Board of Directors of the Employer or such committee or person(s) as the Board of Directors of the Employer shall appoint. The Plan Administrator shall administer this Agreement according to its express terms and shall also have the sole and absolute discretion and authority to (i) make, amend, interpret and enforce all appropriate rules and regulations for the administration of this Agreement and (ii) the rights of the Participant under this Agreement, to decide or resolve any and all questionsquestions or disputes arising under this Agreement, including benefits payable under this Agreement and all other interpretations of this Agreement, as may arise in connection with this Agreement to the extent the exercise of such discretion and authority does not conflict with Code Section 409A.Agreement.

Appears in 6 contracts

Samples: Salary Continuation Plan Agreement (Charter Financial Corp/Ga), Salary Continuation Plan (Charter Financial Corp/Ga), Salary Continuation Plan (Charter Financial Corp/Ga)

Plan Administrator Duties. This Agreement shall be administered by a Plan Administrator which shall consist of the Board, or such committee or person(s) as the Board shall appoint. The Executive may be a member of the Plan Administrator. The Plan Administrator shall administer this Agreement according to its express terms and shall also have the discretion and authority to (i) make, amend, interpret and enforce all appropriate rules and regulations for the administration administra­tion of this Agreement and (ii) decide or resolve any and all questions, ques­tions including interpretations of this Agreement, as may arise in connection with this Agreement to the extent the exercise of such discretion and authority does not conflict with Code Section 409A.Agreement.

Appears in 6 contracts

Samples: Salary Continuation Agreement (Heritage Oaks Bancorp), Salary Continuation Agreement (Redwood Empire Bancorp), Salary Continuation Agreement (Redwood Empire Bancorp)

Plan Administrator Duties. This Agreement shall be administered by a Plan Administrator consisting of the board or such committee or person(s) the board shall appoint. The Executive may be a member of the Plan Administrator. The Plan Administrator shall administer this Agreement according to its express terms and shall also have the discretion and authority to (ia) make, amend, interpret interpret, and enforce all appropriate rules and regulations for the administration of this Agreement and (iib) decide or resolve any and all questions, including interpretations of this Agreement, as may arise in connection with this Agreement to the extent the exercise of such discretion and authority does not conflict with Code Section 409A.Agreement.

Appears in 6 contracts

Samples: Salary Continuation Agreement (Capital Corp of the West), Salary Continuation Agreement (Capital Corp of the West), Salary Continuation Agreement (Capital Corp of the West)

Plan Administrator Duties. This Agreement shall be administered by a Plan Administrator which shall consist of the Board, or such committee or person(s) as the Board shall appoint. The Plan Administrator shall administer this Agreement according to its express terms and shall also have the discretion and authority to (i) make, amend, interpret and enforce all appropriate rules and regulations for the administration administra-tion of this Agreement and (ii) decide or resolve any and all questions, ques-tions including interpretations of this Agreement, as may arise in connection with this Agreement to the extent the exercise of such discretion and authority does not conflict with Code Section 409A.Agreement.

Appears in 6 contracts

Samples: Executive Supplemental Compensation Agreement (Temecula Valley Bancorp Inc), Executive Supplemental Compensation Agreement (Temecula Valley Bancorp Inc), Director Deferred Fee Agreement (Home Federal Bancorp)

Plan Administrator Duties. This Agreement shall be administered by a Plan Administrator, which shall consist of the Board, or such committee or person(s) as the Board shall appoint. The Plan Administrator shall administer this Agreement according to its express terms and shall also have the discretion and authority to (i) make, amend, interpret and enforce all appropriate rules and regulations for the administration of this Agreement and (ii) decide or resolve any and all questions, questions including interpretations of this Agreement, as may arise in connection with this the Agreement to the extent the exercise of such discretion and authority does not conflict with Section 409A of the Code Section 409A.and regulations thereunder.

Appears in 6 contracts

Samples: Phantom Stock Appreciation Rights Agreement (Kinderhook Bank Corp), Phantom Stock Appreciation Rights Agreement (Kinderhook Bank Corp), Phantom Stock Appreciation Rights Agreement (Kinderhook Bank Corp)

Plan Administrator Duties. This Agreement shall be administered by a Plan Administrator which shall consist of the Board, or such committee or persons as the Board may choose. The Plan Administrator shall administer this Agreement according to its express terms and shall also have the discretion and authority to (i) make, amend, interpret and enforce all appropriate rules and regulations for the administration of this Agreement and (ii) decide or resolve any and all questions, questions including interpretations of this Agreement, as may arise in connection with this Agreement to Agreement, provided that such amendments and interpretations are made at all times in compliance with Section 409A of the extent the exercise of such discretion and authority does not conflict with Code Section 409A.Code.

Appears in 6 contracts

Samples: Split Dollar Life Insurance Agreement, Split Dollar Life Insurance Agreement (FNB Bancorp/Ca/), Split Dollar Life Insurance Agreement (FNB Bancorp/Ca/)

Plan Administrator Duties. This Agreement shall be administered by a Plan Administrator which shall consist of the Board, or such committee or person(s) as the Board shall appoint. The Plan Administrator shall administer this Agreement according to its express terms and shall also have the discretion and authority to (ia) make, amend, interpret and enforce all appropriate rules and regulations for the administration of this Agreement and (iib) decide or resolve any and all questions, questions including interpretations of this Agreement, as may arise in connection with this the Agreement to the extent the exercise of such discretion and authority does not conflict with Section 409A of the Code Section 409A.and the regulations thereunder.

Appears in 6 contracts

Samples: Salary Continuation Agreement (Ottawa Savings Bancorp, Inc.), Salary Continuation Agreement (Ottawa Savings Bancorp, Inc.), Salary Continuation Agreement (Ottawa Savings Bancorp, Inc.)

Plan Administrator Duties. This Agreement shall be administered by a Plan Administrator consisting of the board or such committee or the Chief Financial Officer of the Company or such person(s) as the board shall appoint. The Executive may be a member of the Plan Administrator. The Plan Administrator shall administer this Agreement according to its express terms and shall also have the discretion and authority to (ix) make, amend, interpret interpret, and enforce all appropriate rules and regulations for the administration of this Agreement and (iiy) decide or resolve any and all questions, including interpretations of this Agreement, as may arise in connection with this Agreement to the extent the exercise of such discretion and authority does not conflict with Code Section 409A.Agreement.

Appears in 6 contracts

Samples: Salary Continuation Agreement (Capital Corp of the West), Salary Continuation Agreement (Capital Corp of the West), Salary Continuation Agreement (Capital Corp of the West)

Plan Administrator Duties. This Agreement shall be administered by a Plan Administrator consisting of the Board or such committee or person(s) as the Board shall appoint. The Executive may not be a member of the Plan Administrator. The Plan Administrator shall administer this Agreement according to its express terms and shall also have the discretion and authority to (ix) make, amend, interpret and enforce all appropriate rules and regulations for the administration of this Agreement and (iiy) decide or resolve any and all questionsquestions that may arise, including interpretations of this Agreement, as may arise in connection with this Agreement to the extent the exercise of such discretion and authority does not conflict with Code Section 409A..

Appears in 5 contracts

Samples: Salary Continuation Agreement (Cortland Bancorp Inc), Salary Continuation Agreement (Cortland Bancorp Inc), Salary Continuation Agreement (Cortland Bancorp Inc)

Plan Administrator Duties. The Plan Administrator shall administer this Agreement according to its express terms and shall also have the discretion and authority to (i) make, amend, interpret and enforce all appropriate rules and regulations for the administration administra-tion of this Agreement and (ii) decide or resolve any and all questionsques-tions, including interpretations of this Agreement, as may arise in connection with this Agreement to the extent the exercise of such discretion and authority does not conflict with Code Section 409A.

Appears in 5 contracts

Samples: Deferred Compensation Agreement (Bancorp 34, Inc.), Supplemental Executive Retirement Agreement (SBT Bancorp, Inc.), Salary Continuation Agreement (Bank of Marin Bancorp)

Plan Administrator Duties. This Agreement shall be administered by a Plan Administrator which shall consist of the Board, or such committee or person(s) as the Board shall appoint. The Plan Administrator shall administer this Agreement according to its express terms and shall also have the discretion and authority to (i) make, amend, interpret and enforce all appropriate rules and regulations for the administration administra­tion of this Agreement and (ii) decide or resolve any and all questions, ques­tions including interpretations of this Agreement, as may arise in connection with this the Agreement to the extent the exercise of such discretion and authority does not conflict with Section 409A of the Code Section 409A.and regulations thereunder.

Appears in 5 contracts

Samples: Supplemental Executive Retirement Plan Agreement (Habersham Bancorp), Supplemental Executive Retirement Plan Agreement (Habersham Bancorp), Supplemental Executive Retirement Income Agreement (Home Federal Bancorp)

Plan Administrator Duties. This Agreement shall be administered by a Plan Administrator which shall consist of the Compensation Committee of the Board, or such committee or person(s) as the Board shall appoint. The Plan Administrator shall administer this Agreement according to its express terms and shall also have the discretion and authority to (i) make, amend, interpret and enforce all appropriate rules and regulations for the administration of this Agreement and (ii) decide or resolve any and all questions, questions including interpretations of this Agreement, as may arise in connection with this the Agreement to the extent the exercise of such discretion and authority does not conflict with Section 409A of the Code Section 409A.and regulations thereunder.

Appears in 5 contracts

Samples: Salary Continuation Agreement (Peoples Bancorporation Inc /Sc/), Salary Continuation Agreement (Peoples Bancorporation Inc /Sc/), Salary Continuation Agreement (Peoples Bancorporation Inc /Sc/)

Plan Administrator Duties. This Agreement shall be administered by a Plan Administrator consisting of the board or such committee or person(s) as the board shall appoint. The Executive may not be a member of the Plan Administrator. The Plan Administrator shall administer this Agreement according to its express terms and shall also have the discretion and authority to (ix) make, amend, interpret interpret, and enforce all appropriate rules and regulations for the administration of this Agreement and (iiy) decide or resolve any and all questionsquestions that may arise, including interpretations of this Agreement, as may arise in connection with this Agreement to the extent the exercise of such discretion and authority does not conflict with Code Section 409A..

Appears in 5 contracts

Samples: Salary Continuation Agreement (Crescent Financial Corp), Salary Continuation Agreement (Crescent Financial Corp), Salary Continuation Agreement (Crescent Financial Corp)

Plan Administrator Duties. This Agreement shall be administered by a Plan Administrator which shall consist of the Board, or such committee or person(s) as the Board shall appoint. The Plan Administrator shall administer this Agreement according to its express terms and shall also have the discretion and authority to (i) make, amend, interpret and enforce all appropriate rules and regulations for the administration administra‐tion of this Agreement and (ii) decide or resolve any and all questions, ques‐tions including interpretations of this Agreement, as may arise in connection with this the Agreement to the extent the exercise of such discretion and authority does not conflict with Section 409A of the Code Section 409A.and regulations thereunder.

Appears in 5 contracts

Samples: Director Retirement Agreement (Plumas Bancorp), Director Retirement Agreement (Plumas Bancorp), Director Retirement Agreement (Plumas Bancorp)

Plan Administrator Duties. This Agreement shall be administered by a Plan Administrator. The Plan Administrator shall administer this Agreement according to its express terms and shall also have the discretion and authority to (ix) make, amend, interpret interpret, and enforce all appropriate rules and regulations for the administration of this Agreement and (iiy) decide or resolve any and all questions, including interpretations of this Agreement, as may arise in connection with this Agreement to the extent the exercise of such discretion and authority does not conflict with Code Section 409A.Agreement.

Appears in 5 contracts

Samples: Director Elective Income Deferral Agreement (Capital Corp of the West), Director Elective Income Deferral Agreement (Capital Corp of the West), Director Elective Income Deferral Agreement (Capital Corp of the West)

Plan Administrator Duties. This Agreement shall be administered by a Plan Administrator consisting of the board or such committee or persons as the board shall appoint. The Director may be a member of the Plan Administrator. The Plan Administrator shall administer this Agreement according to its express terms and shall also have the discretion and authority to (ix) make, amend, interpret interpret, and enforce all appropriate rules and regulations for the administration of this Agreement and (iiy) decide or resolve any and all questions, including interpretations of this Agreement, as may arise in connection with this Agreement to the extent the exercise of such discretion and authority does not conflict with Code Section 409A.Agreement.

Appears in 5 contracts

Samples: Director Elective Income Deferral Agreement (Cape Fear Bank CORP), Director Elective Income Deferral Agreement (Cape Fear Bank CORP), Director Elective Income Deferral Agreement (Cape Fear Bank CORP)

Plan Administrator Duties. This Amended Agreement shall be administered by a Plan Administrator consisting of the board or such committee or persons as the board shall appoint. The Director may be a member of the Plan Administrator. The Plan Administrator shall administer this Agreement according to its express terms and shall also have the discretion and authority to (ia) make, amend, interpret interpret, and enforce all appropriate rules and regulations for the administration of this Amended Agreement and (iib) decide or resolve any and all questions, including interpretations of this Amended Agreement, as may arise in connection with this Agreement to the extent the exercise of such discretion and authority does not conflict with Code Section 409A.Amended Agreement.

Appears in 4 contracts

Samples: Director Deferred Compensation Agreement (Newmil Bancorp Inc), Director Deferred Compensation Agreement (Newmil Bancorp Inc), Director Deferred Compensation Agreement (Newmil Bancorp Inc)

Plan Administrator Duties. This Agreement shall be administered by a Plan Administrator consisting of the board or such committee or persons as the board shall appoint. The Director may be a member of the Plan Administrator. The Plan Administrator shall administer this Agreement according to its express terms and shall also have the discretion and authority to (ix) make, amend, interpret interpret, and enforce all appropriate rules and regulations for the administration of this Agreement and (iiy) decide or resolve any and all questionsquestions that may arise, including interpretations of this Agreement, as may arise in connection with this Agreement to the extent the exercise of such discretion and authority does not conflict with Code Section 409A..

Appears in 4 contracts

Samples: Director Retirement Agreement (Middlefield Banc Corp), Director Retirement Agreement (Middlefield Banc Corp), Director Retirement Agreement (Middlefield Banc Corp)

Plan Administrator Duties. This Agreement shall be administered by a Plan Administrator consisting of the board or such committee or person as the board appoints. The Executive may not be a member of the Plan Administrator. The Plan Administrator shall administer this Agreement according to its express terms and shall also have the discretion and authority to (ix) make, amend, interpret interpret, and enforce all appropriate rules and regulations for the administration of this Agreement and (iiy) decide or resolve any and all questions, including interpretations of this Agreement, as questions that may arise in connection with this Agreement to the extent the exercise of such discretion and authority does not conflict with Code Section 409A.arise.

Appears in 4 contracts

Samples: Salary Continuation Agreement (Fidelity Southern Corp), Salary Continuation Agreement (Fidelity Southern Corp), Salary Continuation Agreement (Fidelity Southern Corp)

Plan Administrator Duties. This Agreement shall be administered by a Plan Administrator which shall consist of the Board, or such committee or person(s) as the Board shall appoint. The Plan Administrator shall administer this Agreement according to its express terms and shall also have the discretion and authority to (i) make, amend, amend interpret and enforce all appropriate rules and regulations for the administration of this Agreement and (ii) decide or resolve any and all questions, questions including interpretations of this Agreement, as may arise in connection with this the Agreement to the extent the exercise of such discretion and authority does not conflict with Section 409A of the Code Section 409A.and regulations thereunder.

Appears in 4 contracts

Samples: Director Deferred Compensation Agreement (First Farmers & Merchants Corp), Director Deferred Compensation Agreement (First Farmers & Merchants Corp), Director Deferred Compensation Agreement (First Farmers & Merchants Corp)

Plan Administrator Duties. The Plan Administrator shall administer this Agreement according to its express terms and shall also have the discretion and authority to (i) make, amend, interpret and enforce all appropriate rules and regulations for the administration of this Agreement and (ii) decide or resolve any and all questions, including interpretations of this Agreement, as questions that may arise in connection with this Agreement to the extent the exercise of such discretion and authority does not conflict with Code Section 409A.409A. If the Executive or his Beneficiary believes benefits are due under this Agreement in excess of the benefits that are being distributed, Article 7 provides guidance on the claims and review procedures that should be followed.

Appears in 3 contracts

Samples: Supplemental Executive Retirement Agreement, Supplemental Executive Retirement Agreement (Farmers & Merchants Bancshares, Inc.), Supplemental Executive Retirement Agreement (Farmers & Merchants Bancshares, Inc.)

Plan Administrator Duties. This Agreement shall be administered by a Plan Administrator which shall consist of the Board, or such committee or person(s) as the Board shall appoint. The Plan Administrator shall administer this Agreement according to its express terms and shall also have the discretion and authority to (i) make, amend, interpret and enforce all appropriate rules and regulations for the administration of this Agreement and (ii) decide or resolve any and all questions, questions including interpretations of this Agreement, as may arise in connection with this Agreement to the extent the exercise of such discretion and authority does not conflict with Code Section 409A.Agreement

Appears in 3 contracts

Samples: Supplemental Executive Retirement Agreement (Community Partners Bancorp), Supplemental Executive Retirement Agreement (Community Partners Bancorp), Supplemental Executive Retirement Agreement (Community Partners Bancorp)

Plan Administrator Duties. This Agreement shall be administered by a Plan Administrator which shall consist of the Board, or such committee or persons as the Board shall appoint. The Plan Administrator shall administer this Agreement according to its express terms and shall also have the discretion and authority to (i) make, amend, interpret and enforce all appropriate rules and regulations for the administration of this Agreement and (ii) decide or resolve any and all questions, questions including interpretations of this Agreement, as may arise in connection with this the Agreement to the extent the exercise of such discretion and authority does not conflict with Section 409A of the Code Section 409A.and regulations thereunder.

Appears in 3 contracts

Samples: Executive Incentive Retirement Plan (Sterling Bancorp, Inc.), Executive Incentive Retirement Plan (Sterling Bancorp, Inc.), Executive Incentive Retirement Plan (Sterling Bancorp, Inc.)

Plan Administrator Duties. This Agreement shall be administered by a Plan Administrator consisting of the board or such committee or persons as the board shall appoint. The Executive may be a member of the Plan Administrator. The Plan Administrator shall administer this Agreement according to its express terms and shall also have the discretion and authority to (ia) make, amend, interpret interpret, and enforce all appropriate rules and regulations for the administration of this Agreement and (iib) decide or resolve any and all questions, including interpretations of this Agreement, as may arise in connection with this Agreement to the extent the exercise of such discretion and authority does not conflict with Code Section 409A.Agreement.

Appears in 3 contracts

Samples: Executive Deferred Compensation Agreement (Middlefield Banc Corp), Executive Deferred Compensation Agreement (Middlefield Banc Corp), Executive Deferred Compensation Agreement (Middlefield Banc Corp)

Plan Administrator Duties. This Agreement shall be administered by a Plan Administrator which shall consist of the Compensation and Human Resources Committee or its designee. The Plan Administrator shall administer this Agreement according to its express terms and shall also have the discretion and authority to (i) make, amend, interpret and enforce all appropriate rules and regulations for the administration of this Agreement and (ii) decide or resolve any and all questions, ques­tions including interpretations of this Agreement, as may arise in connection with this Agreement to the extent the exercise of such discretion and authority does not conflict with Code Section 409A.Agreement.

Appears in 3 contracts

Samples: Split Dollar Life Insurance Agreement (SBT Bancorp, Inc.), Split Dollar Life Insurance Agreement (SBT Bancorp, Inc.), Split Dollar Life Insurance Agreement (SBT Bancorp, Inc.)

Plan Administrator Duties. This Agreement will be administered by a Plan Administrator consisting of the board or such committee or person as the board appoints. The Executive may not be a member of the Plan Administrator. The Plan Administrator shall administer this Agreement according to its express terms and shall also have has the discretion and authority to (ix) make, amend, interpret interpret, and enforce all appropriate rules and regulations for the administration of this Agreement and (iiy) decide or resolve any and all questionsquestions that may arise, including interpretations of this Agreement, as may arise in connection with this Agreement to the extent the exercise of such discretion and authority does not conflict with Code Section 409A..

Appears in 3 contracts

Samples: Supplemental Executive Retirement Plan Agreement (Cardinal Financial Corp), Supplemental Executive Retirement Plan Agreement (Cardinal Financial Corp), Supplemental Executive Retirement Plan Agreement (Cardinal Financial Corp)

Plan Administrator Duties. This Agreement shall be administered by a Plan Administrator which shall consist of the Board, or such committee or persons as the Board may choose. The Plan Administrator shall administer this Agreement according to its express terms and shall also have the discretion and authority to (i) make, amend, interpret and enforce all appropriate rules and regulations for the administration of this Agreement and (ii) decide or resolve any and all questions, ques­tions including interpretations of this Agreement, as may arise in connection with this Agreement to the extent the exercise of such discretion and authority does not conflict with Code Section 409A.Agreement.

Appears in 3 contracts

Samples: Executive Group Life Split Dollar Agreement (Ohio Valley Banc Corp), Endorsement Split Dollar Insurance Agreement (SBT Bancorp, Inc.), Split Dollar Life Insurance Agreement (Pacific State Bancorp)

Plan Administrator Duties. This Agreement shall be administered by a Plan Administrator consisting of the board or such committee or person(s) as the board shall appoint. The Executive may not be a member of the Plan Administrator. The Plan Administrator shall administer this Agreement according to its express terms and shall also have the discretion and authority to (ix) make, amend, interpret interpret, and enforce all appropriate rules and regulations for the administration of this Agreement and (iiy) decide or resolve any and all questionsquestions that arise, including interpretations of this Agreement, as may arise in connection with this Agreement to the extent the exercise of such discretion and authority does not conflict with Code Section 409A..

Appears in 2 contracts

Samples: Salary Continuation Agreement (BNC Bancorp), Salary Continuation Agreement (BNC Bancorp)

Plan Administrator Duties. This Agreement shall be administered by a ------------------------- Plan Administrator which shall consist of the Board, or such committee or person(s) as the Board shall appoint. The Plan Administrator shall administer this Agreement according to its express terms and shall also have the discretion and authority to (i) make, amend, interpret and enforce all appropriate rules and regulations for the administration of this Agreement and (ii) decide or resolve any and all questions, questions including interpretations of this Agreement, as may arise in connection with this the Agreement to the extent the exercise of such discretion and authority does not conflict with Section 409A of the Code Section 409A.and regulations thereunder.

Appears in 2 contracts

Samples: Salary Continuation Agreement (Pacific Premier Bancorp Inc), Salary Continuation Agreement (Pacific Premier Bancorp Inc)

Plan Administrator Duties. This Agreement shall be administered by a Plan Administrator consisting of the board or such committee or person(s) as the board shall appoint. The Executive may not be a member of the Plan Administrator. The Plan Administrator shall administer this Agreement according to its express terms and shall also have the discretion and authority to (ix) make, amend, interpret interpret, and enforce all appropriate rules and regulations for the administration of this Agreement and (iiy) decide or resolve any and all questions, including interpretations of this Agreement, as may arise in connection with this Agreement to the extent the exercise of such discretion and authority does not conflict with Code Section 409A.Agreement.

Appears in 2 contracts

Samples: Salary Continuation Agreement (Crescent Financial Corp), Salary Continuation Agreement (Crescent Financial Corp)

Plan Administrator Duties. The Plan Administrator shall administer this Agreement according to its express terms and shall also have the discretion and authority to (i) make, amend, interpret and enforce all appropriate rules and regulations for the administration administra­tion of this Agreement and (ii) decide or resolve any and all questionsques­tions, including interpretations of this Agreement, as may arise in connection with this Agreement to the extent the exercise of such discretion and authority does not conflict with Code Section 409A.

Appears in 2 contracts

Samples: Salary Continuation Agreement (Home Federal Bancorp, Inc.), Salary Continuation Agreement (Home Federal Bancorp, Inc.)

Plan Administrator Duties. This Agreement shall be administered by a Plan Administrator consisting of the board or such committee or person(s) as the board shall appoint. The Executive may not be a member of the Plan Administrator. The Plan Administrator shall administer this Agreement according to its express terms and shall also have the discretion and authority to (ix) make, amend, interpret interpret, and enforce all appropriate rules and regulations for the administration of this Agreement and (iiy) decide or resolve any and all questions, including interpretations of this Agreement, as may arise in connection with this Agreement to the extent the exercise of such discretion and authority does not conflict with Code Section 409A.Agreement.

Appears in 2 contracts

Samples: Salary Continuation Agreement (Crescent Financial Corp), Salary Continuation Agreement (Crescent Financial Corp)

Plan Administrator Duties. This Agreement shall be administered by a Plan Administrator which shall consist of the Board, or such committee or person(s) as the Board shall appoint. The Plan Administrator shall administer this Agreement according to its express terms and shall also have the discretion and authority to to: (ia) make, amend, interpret and enforce all appropriate rules and regulations for the administration of this Agreement Agreement; and (iib) decide or resolve any and all questions, questions including interpretations of this Agreement, as may arise in connection with this the Agreement to the extent the exercise of such discretion and authority does not conflict with Section 409A of the Code Section 409A.and regulations thereunder.

Appears in 2 contracts

Samples: Executive Deferred Compensation Agreement (Winchester Bancorp, Inc./Md/), Executive Deferred Compensation Agreement (Winchester Bancorp, Inc./Md/)

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Plan Administrator Duties. This Agreement shall be administered by a Plan Administrator which shall consist of the Board, or such committee or person(s) as the Board shall appoint. The Plan Administrator shall administer this Agreement according to its express terms and shall also have the discretion and authority to (i) make, amend, interpret and enforce all appropriate rules and regulations for the administration of this Agreement and (ii) decide or resolve any and all questions, including interpretations of this Agreement, as that may arise in connection with this Agreement to the extent the exercise of such discretion and authority does not conflict with Code Section 409A.Agreement.

Appears in 2 contracts

Samples: Executive Deferred Incentive Agreement (Territorial Bancorp Inc.), Executive Deferred Incentive Agreement (Territorial Bancorp Inc.)

Plan Administrator Duties. This Agreement shall be administered by a Plan Administrator consisting of the Board or such committee or person(s) as the Board shall appoint. The Executive may not be a member of the Plan Administrator. The Plan Administrator shall administer this Agreement according to its express terms and shall also have the discretion and authority to (ix) make, amend, interpret interpret, and enforce all appropriate rules and regulations for the administration of this Agreement and (iiy) decide or resolve any and all questionsquestions that may arise, including interpretations of this Agreement, as may arise in connection with this Agreement to the extent the exercise of such discretion and authority does not conflict with Code Section 409A..

Appears in 2 contracts

Samples: Salary Continuation Agreement (Cortland Bancorp Inc), Salary Continuation Agreement (Cortland Bancorp Inc)

Plan Administrator Duties. This Agreement shall be administered by a Plan Administrator which shall consist of the Board, or such committee or person(s) as the Board shall appoint. The Plan Administrator shall administer this Agreement according to its express terms and shall also have the discretion and authority to (i) make, amend, interpret and enforce all appropriate rules and regulations for the administration of this Agreement and (ii) decide or resolve any and all questions, ques-tions including interpretations of this Agreement, as may arise in connection with this Agreement to the extent the exercise of such discretion and authority does not conflict with Code Section 409A.Agreement.

Appears in 2 contracts

Samples: Director Deferred Fee Agreement (Home Federal Bancorp), Director Deferred Fee Agreement (Home Federal Bancorp)

Plan Administrator Duties. The Plan Administrator shall administer this Agreement according to its express terms and shall also have the discretion and authority to (i) make, amend, interpret and enforce all appropriate rules and regulations for the administration of this Agreement and (ii) decide or resolve any and all questions, including United Labor Bank, F.S.B. Performance Driven Plan interpretations of this Agreement, as may arise in connection with this Agreement to the extent the exercise of such discretion and authority does not conflict with Code Section 409A.

Appears in 2 contracts

Samples: Performance Driven Plan (First Ulb Corp.), Performance Driven Plan (First Ulb Corp.)

Plan Administrator Duties. The Plan Administrator shall administer this Agreement according to its express terms and shall also have the discretion and authority to (i) make, amend, interpret and enforce all appropriate rules and regulations for the administration of this Agreement and (ii) decide or resolve any and all questions, including interpretations of this Agreement, as may arise in connection with this Agreement to the extent the exercise of such discretion and authority does not conflict with Code Section 409A.Agreement.

Appears in 2 contracts

Samples: Deferred Compensation Agreement (Alamogordo Financial Corp), Deferred Compensation Agreement (Alamogordo Financial Corp)

Plan Administrator Duties. The Plan Administrator shall administer this Agreement according to its express terms and shall also have the discretion and authority to (i) make, amend, interpret and enforce all appropriate rules and regulations for the administration of this Agreement and (ii) decide or resolve any and all questions, including interpretations of this Agreement, as may arise in connection with this the Agreement to the extent the exercise of such discretion and authority does would not conflict with cause taxation of the Executive’s benefits hereunder to be accelerated under Code Section 409A.

Appears in 2 contracts

Samples: Supplemental Executive Retirement Agreement (Cambridge Bancorp), Supplemental Executive Retirement Agreement (Cambridge Bancorp)

Plan Administrator Duties. This Agreement shall be administered by a Plan Administrator which shall consist of the Board, or such committee or person(s) as the Board shall appoint. The Plan Administrator shall administer this Agreement according to its express terms and shall also have the discretion and authority to (i) make, amend, interpret and enforce all appropriate rules and regulations for the administration administra­tion of this Agreement and (ii) decide or resolve any and all questions, ques­tions including interpretations of this Agreement, as may arise in connection with this Agreement to the extent the exercise of such discretion and authority does not conflict with Code Section 409A.Agreement.

Appears in 2 contracts

Samples: Executive Supplemental Compensation Agreement (Pacific State Bancorp), Executive Supplemental Compensation Agreement (Temecula Valley Bancorp Inc)

Plan Administrator Duties. This Agreement shall be administered by a Plan Administrator which shall consist of the Board or such committee or person(s) as the Board shall appoint. The Executive may be a member of the Plan Administrator. The Plan Administrator shall administer this Agreement according to its express terms and shall also have the discretion and authority to (i) make, amend, interpret interpret, and enforce all appropriate rules and regulations for the administration of this Agreement Agreement; and (ii) decide or resolve any and all questions, questions including interpretations of this Agreement, as may arise in connection with this Agreement to the extent the exercise of such discretion and authority does not conflict with Code Section 409A.Agreement.

Appears in 2 contracts

Samples: Salary Continuation Agreement (United Bancshares Inc/Oh), Salary Continuation Agreement (United Bancshares Inc/Oh)

Plan Administrator Duties. The Plan Administrator Company shall administer this Agreement according to its express terms and shall also have the discretion and authority to (i) make, amend, interpret and enforce all appropriate rules and regulations for the administration of this Agreement and (ii) decide or resolve any and all questions, including interpretations of this Agreement, as may arise in connection with this the Agreement to the extent the exercise of such discretion and authority does not conflict with Code Section 409A.409A of the Code.

Appears in 2 contracts

Samples: Supplemental Executive Retirement Agreement (Midwest Banc Holdings Inc), Supplemental Executive Retirement Agreement (Midwest Banc Holdings Inc)

Plan Administrator Duties. This Agreement shall be administered by a Plan Administrator which shall consist of the Board, or such committee or person(s) as the Board shall appoint. The Executive may be a member of the Plan Administrator. The Plan Administrator shall administer this Agreement according to its express terms and shall also have the discretion and authority to (i) make, amend, interpret interpret, and enforce all appropriate rules and regulations for the administration of this Agreement Agreement, and (ii) decide or resolve any and all questions, questions including interpretations of this Agreement, as may arise in connection with this Agreement to the extent the exercise of such discretion and authority does not conflict with Code Section 409A.Agreement.

Appears in 2 contracts

Samples: Placement Agreement (United Bancshares Inc/Oh), Salary Continuation Agreement (United Bancshares Inc/Oh)

Plan Administrator Duties. This Agreement shall be administered by a Plan Administrator consisting of the board or such committee or person(s) as the board shall appoint. The Executive may be a member of the Plan Administrator. The Plan Administrator shall administer this Agreement according to its express terms and shall also have the discretion and authority to (i) make, amend, interpret interpret, and enforce all appropriate rules and regulations for the administration of this Agreement and (ii) decide or resolve any and all questions, including interpretations of this Agreement, as may arise in connection with this Agreement to the extent the exercise of such discretion and authority does not conflict with Code Section 409A.Agreement.

Appears in 2 contracts

Samples: Salary Continuation Agreement (Intermountain Community Bancorp), Salary Continuation Agreement (Intermountain Community Bancorp)

Plan Administrator Duties. This Agreement will be administered by a Plan Administrator consisting of the board or such committee or persons as the board appoints. The Executive may not be a member of the Plan Administrator. The Plan Administrator shall administer this Agreement according to its express terms and shall also have has the discretion and authority to (ix) make, amend, interpret interpret, and enforce all appropriate rules and regulations for the administration of this Agreement and (iiy) decide or resolve any and all questionsquestions that may arise, including interpretations of this Agreement, as may arise in connection with this Agreement to the extent the exercise of such discretion and authority does not conflict with Code Section 409A..

Appears in 2 contracts

Samples: Executive Deferred Compensation Agreement (Middlefield Banc Corp), Executive Deferred Compensation Agreement (Middlefield Banc Corp)

Plan Administrator Duties. This Agreement shall be administered by a Plan Administrator consisting of the Board or such committee or person(s) as the Board shall appoint. The Executive may be a member of the Plan Administrator. The Plan Administrator shall administer this Agreement according to its express terms and shall also have the discretion and authority to (ia) make, amend, interpret interpret, and enforce all appropriate rules and regulations for the administration of this Agreement and (iib) decide or resolve any and all questions, including interpretations of this Agreement, as may arise in connection with this Agreement to the extent the exercise of such discretion and authority does not conflict with Code Section 409A.Agreement.

Appears in 2 contracts

Samples: Salary Continuation Agreement (BNC Bancorp), Salary Continuation Agreement (Cortland Bancorp Inc)

Plan Administrator Duties. This Agreement shall be administered by a Plan Administrator consisting of the Board of Directors of the Association or such committee or person(s) as the Board of Directors of the Association shall appoint. The Plan Administrator shall administer this Agreement according to its express terms and shall also have the sole and absolute discretion and authority to (i) make, amend, interpret and enforce all appropriate rules and regulations for the administration of this Agreement and (ii) the rights of the Executive under this Agreement, to decide or resolve any and all questionsquestions or disputes arising under this Agreement, including benefits payable under this Agreement and all other interpretations of this Agreement, as may arise in connection with this Agreement to the extent the exercise of such discretion and authority does not conflict with Code Section 409A.Agreement.

Appears in 2 contracts

Samples: Supplemental Executive Retirement Plan (Fraternity Community Bancorp Inc), Supplemental Executive Retirement Plan (Fraternity Community Bancorp Inc)

Plan Administrator Duties. This Agreement shall be administered by a Plan Administrator consisting of the Board or such committee or person as the Board shall appoint. The Executive may not be a member of the Plan Administrator. The Plan Administrator shall administer this Agreement according to its express terms and shall also have the discretion and authority (x) to (i) make, amend, interpret interpret, and enforce all appropriate rules and regulations for the administration of this Agreement and (iiy) to decide or resolve any and all questionsquestions that may arise, including interpretations of this Agreement, as may arise in connection with this Agreement to the extent the exercise of such discretion and authority does not conflict with Code Section 409A..

Appears in 2 contracts

Samples: Salary Continuation Agreement (Cortland Bancorp Inc), Salary Continuation Agreement (Cortland Bancorp Inc)

Plan Administrator Duties. This Agreement shall be administered by a Plan Administrator which shall consist of the Board, or such committee or person(s) as the Board shall appoint. The Plan Administrator shall administer this Agreement according to its express terms and shall also have the discretion and authority to (i) make, amend, interpret and enforce all appropriate rules and regulations for the administration of this Agreement and (ii) decide or resolve any and all questions, questions including interpretations of this Agreement, as may arise in connection with this Agreement to the extent the exercise of such discretion and authority does not conflict with Code Section 409A.Agreement. XXXXXX GRILL Supplemental Executive Retirement Agreement

Appears in 1 contract

Samples: Supplemental Executive Retirement Agreement (Fentura Financial Inc)

Plan Administrator Duties. This Agreement shall be administered by a Plan Administrator which shall consist of the Board, or such committee or persons as the Board may choose. The Plan Administrator shall administer this Agreement according to its express terms and shall also have the discretion and authority to (i) make, amend, interpret and enforce all appropriate rules and regulations for the administration of this Agreement and (ii) decide or resolve any and all questions, questions including interpretations of this Agreement, as may arise in connection with this Agreement to the extent the exercise of such discretion and authority does not conflict with Code Section 409A.Agreement. Endorsement Split Dollar Life Insurance Agreement

Appears in 1 contract

Samples: Endorsement Split Dollar Life Insurance Agreement (Lyons Bancorp Inc)

Plan Administrator Duties. This Agreement shall be administered by a Plan Administrator which shall consist of the Board of Directors of the Company, at any time, or such committee or person(s) as the Board of Directors shall appoint. The Executive may not vote as a member of the Plan Administrator. The Plan Administrator shall administer this Agreement according to its express terms and shall also have the discretion and authority to (i) to: 8.1.1 make, amend, interpret and enforce all appropriate rules and regulations for the administration of this Agreement and (ii) Agreement; and 8.1.2 decide or resolve any and all questions, questions including interpretations of this Agreement, as may arise in connection with this Agreement to the extent the exercise of such discretion and authority does not conflict with Code Section 409A.Agreement.

Appears in 1 contract

Samples: Salary Continuation Agreement (Central Federal Corp)

Plan Administrator Duties. This Agreement shall be administered by a Plan Administrator which shall consist of the Board, or such committee or person(s) as the Board shall appoint. The Plan Administrator shall administer this Agreement according to its express terms and shall also have the discretion and authority to (i) make, amend, interpret and enforce all appropriate rules and regulations for the administration of this Agreement and (ii) decide or resolve any and all questions, questions including interpretations of this Agreement, as may arise in connection with the Agreement. Any actions taken by the Board in its role as Plan Administrator that may affect the material terms of this Agreement to shall require the extent written consent of the exercise of such discretion and authority does not conflict with Code Section 409A.Executive.

Appears in 1 contract

Samples: Supplemental Executive Retirement Plan Agreement (Centra Financial Holdings Inc)

Plan Administrator Duties. This Agreement shall be administered by a Plan Administrator consisting of the Board or such committee or person(s) as the Board shall appoint. The Executive may not be a member of the Plan Administrator. The Plan Administrator shall administer this Agreement according to its express terms and shall also have the discretion and authority to (ix) make, amend, interpret interpret, and enforce all appropriate rules and regulations for the administration of this Agreement and (iiy) decide or resolve any and all questionsquestions that may arise, including interpretations of this Agreement, as may arise in connection with this Agreement to the extent the exercise of such discretion and authority does not conflict with Code Section 409A..

Appears in 1 contract

Samples: Salary Continuation Agreement (BNC Bancorp)

Plan Administrator Duties. The Plan Administrator shall administer this Agreement according to its express terms and shall also have the discretion and authority to (i) make, amend, interpret and enforce all appropriate rules and regulations for the administration United Labor Bank, F.S.B. Performance Driven Plan of this Agreement and (ii) decide or resolve any and all questions, including interpretations of this Agreement, as may arise in connection with this Agreement to the extent the exercise of such discretion and authority does not conflict with Code Section 409A.

Appears in 1 contract

Samples: Performance Driven Plan (First Ulb Corp.)

Plan Administrator Duties. The Plan Administrator shall administer this Agreement according to its express terms and shall also have the discretion and authority to (i) make, amend, interpret and enforce all appropriate rules and regulations for the administration of this Agreement and (ii) decide or resolve any and all questions, including interpretations of this Agreement, as may arise in connection with this Agreement to the extent the exercise of such discretion and authority does not conflict with Code Section 409A.409A. Bank of the Cascades Deferred Bonus Agreement Beneficiary Designation Form

Appears in 1 contract

Samples: Deferred Bonus Agreement (Cascade Bancorp)

Plan Administrator Duties. This Agreement shall be administered by a Plan Administrator which shall consist of the Board, or such committee or persons as the Board may choose. The Plan Administrator shall administer this Agreement according to its express terms and shall also have the discretion and authority to (i) make, amend, interpret and enforce all appropriate rules and regulations for the administration of this Agreement and (ii) decide or resolve any and all questions, questions including interpretations of this Agreement, as may arise in connection with this Agreement to the extent the exercise of such discretion and authority does not conflict with Code Section 409A.Agreement. ENDORSEMENT SPLIT DOLLAR LIFE INSURANCE AGREEMENT

Appears in 1 contract

Samples: Endorsement Split Dollar Life Insurance Agreement (Lyons Bancorp Inc)

Plan Administrator Duties. This Agreement shall be administered by a Plan Administrator consisting of the Board or such committee or person as the Board shall appoint. The Executive may not be a member of the Plan Administrator. The Plan Administrator shall administer this Agreement according to its express terms and shall also have the discretion and authority to (ix) make, amend, interpret and enforce all appropriate rules and regulations for the administration of this Agreement and (iiy) decide or resolve any and all questionsquestions that may arise, including interpretations of this Agreement, as may arise in connection with this Agreement to the extent the exercise of such discretion and authority does not conflict with Code Section 409A..

Appears in 1 contract

Samples: Salary Continuation Agreement (Home Bancorp Wisconsin, Inc.)

Plan Administrator Duties. This Agreement shall be administered by a Plan Administrator, which shall consist of the Board, or such committee or persons as the Board may choose. The Plan Administrator shall administer this Agreement according to its express terms and shall also have the discretion and authority to (i) make, amend, interpret and enforce all appropriate rules and regulations for the administration of this Agreement and (ii) decide or resolve any and all questions, questions including interpretations of this Agreement, as may arise in connection with this Agreement to the extent the exercise of such discretion and authority does not conflict with Code Section 409A.Agreement.

Appears in 1 contract

Samples: Split Dollar Agreement (First Citizens Bancshares Inc /Tn/)

Plan Administrator Duties. This Agreement shall be administered by a Plan -------------------------- Administrator which shall consist of the Board, or such committee or person(s) as the Board shall appoint. The Plan Administrator shall administer this Agreement according to its express terms and shall also have the discretion and authority to (i) make, amend, interpret and enforce all appropriate rules and regulations for the administration of this Agreement and (ii) decide or resolve any and all questions, questions including interpretations of this Agreement, as may arise in connection with this Agreement to the extent the exercise of such discretion and authority does not conflict with Code Section 409A.Agreement

Appears in 1 contract

Samples: Supplemental Executive Retirement Agreement (Community Partners Bancorp)

Plan Administrator Duties. The Plan Administrator shall administer this Agreement according to its express terms and shall also have the discretion and authority to (i) make, amend, interpret and enforce all appropriate rules and regulations for the administration of this Agreement and (ii) decide or resolve any and all questions, including interpretations of this Agreement, as may arise in connection with this Agreement to the extent the exercise of such discretion and authority does not conflict with Code Section 409A.

Appears in 1 contract

Samples: Salary Continuation Agreement (Plumas Bancorp)

Plan Administrator Duties. This Agreement shall be administered by a Plan Administrator which shall consist of the Board, or such committee or person(s) as the Board shall appoint. The Plan Administrator shall administer this Agreement according to its express terms and shall also have the discretion and authority to to (i) make, amend, interpret and enforce all appropriate rules and regulations for the administration of this Agreement and and (ii) decide or resolve any and all questions, questions including interpretations of this Agreement, as may arise in connection with this the Agreement to the extent the exercise of such discretion and authority does not conflict with Section 409A of the Code Section 409A.and regulations thereunder.

Appears in 1 contract

Samples: Salary Continuation Agreement (Regional Bankshares Inc)

Plan Administrator Duties. This Agreement shall be administered by a Plan Administrator consisting of the board or such committee or person(s) as the board shall appoint. The Executive may not be a member of the Plan Administrator. The Plan Administrator shall administer this Agreement according to its express terms and shall also have the discretion and authority to (ix) make, amend, interpret interpret, and enforce all appropriate rules and regulations for the administration of this Agreement and (iiy) decide or resolve any and all questionsquestions that may arise, including interpretations of this Agreement, as may arise in connection with this Agreement to the extent the exercise of such discretion and authority does not conflict with Code Section 409A..

Appears in 1 contract

Samples: Salary Continuation Agreement (BNC Bancorp)

Plan Administrator Duties. This Agreement shall be administered by a Plan Administrator which shall consist of the Board, or such committee or person(s) as the Board shall appoint. The Plan Administrator shall administer this Agreement according to its express terms and shall also have the discretion and authority to (i) make, amend, interpret and enforce all appropriate rules and regulations for the administration of this Agreement and (ii) decide or resolve any and all questions, questions including interpretations of this Agreement, as may arise in connection with this the Agreement to the extent the exercise of such discretion and authority does not conflict with Section 409 A of the Code Section 409A.and regulations thereunder.

Appears in 1 contract

Samples: Director Retirement Agreement (Mercer Bancorp, Inc.)

Plan Administrator Duties. This Agreement shall be administered by a Plan Administrator consisting of the board or such committee or person(s) as the board shall appoint. The Officer may be a member of the Plan Administrator. The Plan Administrator shall administer this Agreement according to its express terms and shall also have the discretion and authority to (ia) make, amend, interpret interpret, and enforce all appropriate rules and regulations for the administration of this Agreement and (iib) decide or resolve any and all questions, including interpretations of this Agreement, as may arise in connection with this Agreement to the extent the exercise of such discretion and authority does not conflict with Code Section 409A.Agreement.

Appears in 1 contract

Samples: Salary Continuation Agreement (Midcarolina Financial Corp)

Plan Administrator Duties. This Agreement shall be administered by a Plan Administrator which shall consist of the Board, or such committee or persons as the Board may choose. The Plan Administrator shall administer this Agreement according to its express terms and shall also have the discretion and authority to (i) make, amend, interpret and enforce all appropriate rules and regulations for the administration of this Agreement and (ii) decide or resolve any and all questions, ques-tions including interpretations of this Agreement, as may arise in connection with this Agreement to the extent the exercise of such discretion and authority does not conflict with Code Section 409A.this

Appears in 1 contract

Samples: Supplemental Life Insurance Agreement (River Valley Bancorp)

Plan Administrator Duties. The Plan Administrator shall administer this Agreement according to its express terms and shall also have the discretion and authority to (i) make, amend, interpret and enforce all appropriate rules and regulations for the administration of this Agreement and (ii) decide or resolve any and all questions, ques-tions including interpretations of this Agreement, as may arise in connection with this the Agreement to the extent the exercise of such discretion and authority does not conflict with Section 409A of the Code Section 409A.and regulations thereunder.

Appears in 1 contract

Samples: Director Retirement Plan (Home Federal Bancorp, Inc.)

Plan Administrator Duties. The Plan Administrator shall administer this Agreement according to its express terms and shall also have the discretion and authority to (i) make, amend, interpret and enforce all appropriate rules and regulations for the administration of this Agreement and (ii) decide or resolve any and all questions, including interpretations of this Agreement, as may arise in connection with this Agreement to the extent the exercise of such discretion and authority does not conflict with Code Section 409A.Agreement. 8.

Appears in 1 contract

Samples: Split Dollar Life Insurance Agreement (Customers Bancorp, Inc.)

Plan Administrator Duties. This Agreement shall be administered by a Plan Administrator which shall consist of the Board, or such committee or persons as the Board may choose. The Plan Administrator shall administer this Agreement according to its express terms and shall also have the discretion and authority to (i) make, amend, interpret and enforce all appropriate rules and regulations for the administration of this Agreement and (ii) decide or resolve any and all questions, ques­tions including interpretations of this Agreement, as may arise in connection with this Agreement to Agreement, provided that such amendments and interpretations are made at all times in compliance with Section 409A of the extent the exercise of such discretion and authority does not conflict with Code Section 409A.Code.

Appears in 1 contract

Samples: Split Dollar Life Insurance Agreement (FNB Bancorp/Ca/)

Plan Administrator Duties. The Plan Administrator shall administer this Agreement according to its express terms and shall also have the discretion and authority to (i) make, amend, interpret and enforce all appropriate rules and regulations for the administration of this Agreement and (ii) decide or resolve any and all questions, including interpretations of this Agreement, as may arise in connection with this Agreement to the United Labor Bank, F.S.B. Performance Driven Plan extent the exercise of such discretion and authority does not conflict with Code Section 409A.

Appears in 1 contract

Samples: Performance Driven Plan (First Ulb Corp.)

Plan Administrator Duties. This Agreement shall be administered by a Plan Administrator which shall consist of the Board, or such committee or persons as the Board shall appoint. The Plan Administrator shall administer this Agreement according to its express terms and shall also have the discretion and authority to (i) make, amend, interpret and enforce all appropriate rules and regulations for the administration administra­tion of this Agreement and (ii) decide or resolve any and all questions, ques­tions including interpretations of this Agreement, as may arise in connection with this the Agreement to the extent the exercise of such discretion and authority does not conflict with Section 409A of the Code Section 409A.and regulations thereunder.

Appears in 1 contract

Samples: Supplemental Executive Retirement Agreement (Home Federal Bancorp)

Plan Administrator Duties. The Plan Administrator shall administer this Agreement according to its express terms and shall also have the discretion and authority to (i) make, amend, interpret and enforce all appropriate rules and regulations for the administration of this Agreement and (ii) decide or resolve any and all questions, including interpretations of this Agreement, as may arise in connection with this the Agreement to the extent the exercise of such discretion and authority does would not conflict with cause taxation of the Executive's benefits hereunder to be accelerated under Code Section 409A.

Appears in 1 contract

Samples: Supplemental Executive Retirement Agreement (Cambridge Bancorp)

Plan Administrator Duties. This Agreement shall be administered by the Plan Administrator which shall consist of the Board, or such committee or persons as the Board may choose. The Plan Administrator shall administer this Agreement according to its express terms and shall also have the discretion and authority to (i) make, amend, interpret and enforce all appropriate rules and regulations for the administration of this Agreement and (ii) decide or resolve any and all questions, questions including interpretations of this Agreement, as may arise in connection with this Agreement to the extent the exercise of such discretion and authority does not conflict with Code Section 409A.Agreement.

Appears in 1 contract

Samples: Death Benefit Plan and Agreement (Mid Penn Bancorp Inc)

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