Common use of Regulatory Suspension and Termination Clause in Contracts

Regulatory Suspension and Termination. (i) If Executive is suspended or temporarily prohibited from participating in the conduct of the affairs of the Company or an Affiliate by a notice served under Section 8(e) or 8(g) of the FDIA, all obligations of the Company and the Affiliates under this Agreement shall be suspended as of the date of service, unless stayed by appropriate proceedings, provided that if the charges in such notice are dismissed, the Company (A) may in its discretion, pay Executive all or part of the compensation withheld while its and the Affiliates’ obligations under this Agreement were suspended and (B) shall reinstate in whole or in part, on a going forward basis, any of its and the Affiliates’ obligations that were suspended, all in accordance with Code Section 409A.

Appears in 1 contract

Samples: Transitional Employment Agreement (Lakeland Financial Corp)

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Regulatory Suspension and Termination. (i) If Executive Employee is suspended or temporarily prohibited from participating in the conduct of the affairs of the Company or an Affiliate by a notice served under Section 8(e) or 8(g) of the FDIA, all obligations of the Company and the Affiliates under this Agreement shall be suspended as of the date of service, unless stayed by appropriate proceedings, provided that if the charges in such notice are dismissed, the Company may in its discretion (A) may in its discretion, pay Executive Employee all or part of the compensation withheld while its and the Affiliates' obligations under this Agreement were suspended and (B) shall reinstate in whole or in part, on a going forward basis, part any of its and the Affiliates' obligations that were suspended, all in accordance with Code Section 409A.

Appears in 1 contract

Samples: Employment Agreement (Trinity Capital Corp)

Regulatory Suspension and Termination. (i) If Executive is suspended or temporarily prohibited from participating in the conduct of the affairs of the Company or an Affiliate Bank by a notice served under Section 8(e) or 8(g) of the FDIA, all obligations of the Company and the Affiliates Bank under this Agreement shall be suspended as of the date of service, unless stayed by appropriate proceedings, provided that if the charges in such notice are dismissed, the Company Bank may in its discretion (A) may in its discretion, pay Executive all or part of the compensation withheld while its and the Affiliates’ obligations under this Agreement were suspended and (B) shall reinstate in whole or in part, on a going forward basis, part any of its and the Affiliates’ obligations that were suspended, all in accordance with Code Section 409A.

Appears in 1 contract

Samples: Employment Agreement (Trinity Capital Corp)

Regulatory Suspension and Termination. (ia) If Executive is suspended or temporarily prohibited from participating in the conduct of the affairs of the Company or an Affiliate by a notice served under Section 8(e) or 8(g) of the FDIA, all obligations of the Company and the Affiliates under this Agreement shall be suspended as of the date of service, unless stayed by appropriate proceedings, provided that if the charges in such notice are dismissed, the Company (A) may in its discretion, discretion (i) pay Executive all or part of the compensation withheld while its and the Affiliates’ obligations under this Agreement were suspended and (Bii) shall reinstate in whole or in part, on a going forward basis, part any of its and the Affiliates’ obligations that were suspended, all in accordance with Code Section 409A.

Appears in 1 contract

Samples: Employment Agreement (Old Second Bancorp Inc)

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Regulatory Suspension and Termination. (i) If Executive Employee is suspended or temporarily prohibited from participating in the conduct of the affairs of the Company Bank or an Affiliate by a notice served under Section 8(e) or 8(g) of the FDIA, all obligations of the Company Bank and the Affiliates under this Agreement shall be suspended as of the date of service, unless stayed by appropriate proceedings, provided that if the charges in such notice are dismissed, the Company Bank may in its discretion (A) may in its discretion, pay Executive Employee all or part of the compensation withheld while its and the Affiliates' obligations under this Agreement were suspended and (B) shall reinstate in whole or in part, on a going forward basis, part any of its and the Affiliates' obligations that were suspended, all in accordance with Code Section 409A.

Appears in 1 contract

Samples: Employment Agreement (Trinity Capital Corp)

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