Common use of Restriction on Timing of Distribution Clause in Contracts

Restriction on Timing of Distribution. Notwithstanding any provision of this Agreement to the contrary, if the Executive is considered a Specified Employee at Separation from Service under such procedures as established by the Bank in accordance with Section 409A of the Code, benefit distributions that are made upon Separation from Service may not commence earlier than six (6) months after the date of such Separation from Service. Therefore, in the event this Section 2.5 is applicable to the Executive, any distribution which would otherwise be paid to the Executive within the first six months following the Separation from Service shall be accumulated and paid to the Executive in a lump sum on the first day of the seventh month following the Separation from Service. All subsequent distributions shall be paid in the manner specified.

Appears in 22 contracts

Samples: Supplemental Executive Retirement Plan Agreement (Emclaire Financial Corp), Salary Continuation Agreement (Central Valley Community Bancorp), Salary Continuation Agreement (Peoples Federal Bancshares, Inc.)

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Restriction on Timing of Distribution. Notwithstanding any provision of this Agreement to the contrary, if the Executive is considered a Specified Employee at Separation from Service under such procedures as established by the Company and the Bank in accordance with Section 409A of the Code, benefit distributions that are made upon Separation from Service may not commence earlier than six (6) months after the date of such Separation from Service. Therefore, in the event this Section 2.5 2.7 is applicable to the Executive, any distribution which would otherwise be paid to the Executive within the first six months following the Separation from Service shall be accumulated and paid to the Executive in a lump sum on the first day of the seventh month following the Separation from Service. All subsequent distributions shall be paid in the manner specified.

Appears in 13 contracts

Samples: Employment Agreement (1st United Bancorp, Inc.), Employment Agreement (1st United Bancorp, Inc.), Employment Agreement (1st United Bancorp, Inc.)

Restriction on Timing of Distribution. Notwithstanding any provision of this Agreement to the contrary, if the Executive is considered a Specified Employee at Separation from Service under such procedures as established by the Bank in accordance with Section 409A of the Code, benefit distributions that are made upon Separation from Service may not commence earlier than six (6) months after the date of such Separation from Service. Therefore, in the event this Section 2.5 2.6 is applicable to the Executive, any distribution which would otherwise be paid to the Executive within the first six months following the Separation from Service shall be accumulated and paid to the Executive in a lump sum on the first day of the seventh month following the Separation from Service. All subsequent distributions shall be paid in the manner specified.

Appears in 4 contracts

Samples: Salary Continuation Agreement (Broadway Financial Corp \De\), Supplemental Executive Retirement Agreement (SCBT Financial Corp), Supplemental Executive Retirement Agreement (SCBT Financial Corp)

Restriction on Timing of Distribution. Notwithstanding any provision of this Agreement to the contrary, if the Executive Director is considered a Specified Employee at Separation from Service under such procedures as established by the Bank Company in accordance with Section 409A of the Code, benefit distributions that are made upon Separation from Service may not commence earlier than six (6) months after the date of such Separation from Service. Therefore, in the event this Section 2.5 4.6 is applicable to the ExecutiveDirector, any distribution which would otherwise be paid to the Executive Director within the first six months following the Separation from Service shall be accumulated and paid to the Executive Director in a lump sum on the first day of the seventh month following the Separation from Service. All subsequent distributions shall be paid in the manner specified.

Appears in 4 contracts

Samples: Director Deferred Fee Agreement (Mid Penn Bancorp Inc), Director Deferred Fee Agreement, Director Deferred Fee Agreement (First Community Financial Corp)

Restriction on Timing of Distribution. Notwithstanding any provision of this Agreement to the contrary, if the Executive is considered a Specified Employee at Separation from Service under such procedures as established by the Bank in accordance with Section 409A of the Code, benefit distributions that are made upon Separation from Service may not commence earlier than six (6) months after the date of such Separation from Service. Therefore, in the event this Section 2.5 is applicable to the Executive, any distribution which would otherwise be paid to the Executive within the first six months following the Separation from Service shall be accumulated and paid to the Executive in a lump sum on the first day of the seventh month following the Separation from Service. All subsequent distributions shall be paid in the manner specified.. OLD LINE BANK Salary Continuation Agreement

Appears in 3 contracts

Samples: Salary Continuation Agreement (Old Line Bancshares Inc), Salary Continuation Agreement (Old Line Bancshares Inc), Salary Continuation Agreement (Old Line Bancshares Inc)

Restriction on Timing of Distribution. Notwithstanding any provision of this Agreement to the contrary, if the Executive is considered a Specified Employee at Employee, the provisions of this Section 2.5 shall govern all distributions hereunder. If benefit distributions which would otherwise be made to the Executive due to Separation from Service under are delayed because the Executive is a Specified Employee, then such procedures as established by distributions shall not be made during the Bank in accordance with Section 409A of the Code, benefit distributions that are made upon Separation from Service may not commence earlier than first six (6) months after the date of such following Separation from Service. Therefore, in the event this Section 2.5 is applicable to the ExecutiveRather, any distribution which would otherwise be paid to the Executive within the first six months following the Separation from Service during such period shall be accumulated and paid to the Executive in a lump sum on the first day of the seventh month following the Separation from Service. All subsequent distributions shall be paid in the manner specified.

Appears in 3 contracts

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

Restriction on Timing of Distribution. Notwithstanding any provision of this Agreement to the contrary, if the Executive is considered a Specified Employee at Separation from Service under such procedures as established by the Bank Company in accordance with Section 409A of the Code, benefit distributions that are made upon Separation from Service may not commence earlier than six (6) months after the date of such Separation from Service. Therefore, in the event this Section 2.5 is applicable to the Executive, any distribution which would otherwise be paid to the Executive within the first six months following the Separation from Service shall be accumulated and paid to the Executive in a lump sum on the first day of the seventh month following the Separation from Service. All subsequent distributions shall be paid in the manner specifiedspecified under this Article 2 of the Plan with respect to the applicable benefit.

Appears in 3 contracts

Samples: Salary Continuation Agreement (Community Financial Corp /Md/), Salary Continuation Agreement (Community Financial Corp /Md/), Salary Continuation Agreement (Community Financial Corp /Md/)

Restriction on Timing of Distribution. Notwithstanding any provision of this Agreement to the contrary, if the Executive Director is considered a Specified Employee at Separation from Service under such procedures as established by the Bank in accordance with Section 409A of the Code, benefit distributions that are made upon Separation from Service may not commence earlier than six (6) months after the date of such Separation from Service. Therefore, in the event this Section 2.5 4.3 is applicable to the ExecutiveDirector, any distribution which would otherwise be paid to the Executive Director within the first six months following the Separation from Service shall be accumulated and paid to the Executive Director in a lump sum on the first day of the seventh month following the Separation from Service. All subsequent distributions shall be paid in the manner specified.

Appears in 3 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)

Restriction on Timing of Distribution. Notwithstanding any provision of this Agreement to the contrary, if the Executive is considered a Specified Employee at Separation from Service under such procedures as established by the Bank Company in accordance with Section 409A of the Code, benefit distributions that are made upon Separation from Service may not commence earlier than six (6) months after the date of such Separation from Service. Therefore, in the event this Section 2.5 is applicable to the Executive, any distribution which would otherwise be paid to the Executive within the first six months following the Separation from Service shall be accumulated and paid to the Executive in a lump sum on the first day of the seventh month following the Separation from Service. All subsequent distributions shall be paid in the manner specified.

Appears in 3 contracts

Samples: Salary Continuation Agreement (Peoples Federal Bancshares, Inc.), Salary Continuation Agreement (Nexity Financial Corp), Salary Continuation Agreement (Nexity Financial Corp)

Restriction on Timing of Distribution. Notwithstanding any provision of this Agreement to the contrary, if the Executive Director is considered a Specified Employee at Separation from Service under such procedures as established by the Bank Company in accordance with Section 409A of the Code, benefit distributions that are made upon Separation from Service may not commence earlier than six (6) months after the date of such Separation from Service. Therefore, in the event this Section 2.5 3.3 is applicable to the ExecutiveDirector, any distribution which would otherwise be paid to the Executive Director within the first six months following the Separation from Service shall be accumulated and paid to the Executive Director in a lump sum on the first day of the seventh month following the Separation from Service. All subsequent distributions shall be paid in the manner specified.

Appears in 3 contracts

Samples: Director Revenue Neutral Retirement Agreement (First Community Financial Corp), Director Revenue Neutral Retirement Agreement (First Community Financial Corp), Director Revenue Neutral Retirement Agreement (First Community Financial Corp)

Restriction on Timing of Distribution. Notwithstanding any provision of this Agreement to the contrary, if the Executive is considered a Specified Employee at Separation from Service under such procedures as established by the Company and the Bank in accordance with Section 409A of the Code, benefit distributions that are made upon Separation from Service may not commence earlier than six (6) months after the date of such Separation from Service. Therefore, in the event this Section 2.5 2.6 is applicable to the Executive, any distribution which would otherwise be paid to the Executive within the first six months following the Separation from Service shall be accumulated and paid to the Executive in a lump sum on the first day of the seventh month following the Separation from Service. All subsequent distributions shall be paid in the manner specified.

Appears in 3 contracts

Samples: Supplemental Executive Retirement Plan Agreement (1st United Bancorp, Inc.), Supplemental Executive Retirement Plan Agreement (1st United Bancorp, Inc.), Supplemental Executive Retirement Plan Agreement (1st United Bancorp, Inc.)

Restriction on Timing of Distribution. Notwithstanding any provision of this Agreement to the contrary, if the Executive is considered a Specified Employee Employee” at Separation from Service under such procedures as established by the Bank Company in accordance with Section 409A of the Code, benefit distributions that are made upon Separation from Service may not commence earlier than six (6) months after the date of such Separation from Service. Therefore, in the event this Section 2.5 is applicable to the Executive, any distribution which would otherwise be paid to the Executive within the first six months following the Separation from Service shall be accumulated and paid to the Executive in a lump sum on the first day of the seventh month following the Separation from Service. All subsequent distributions shall be paid in the manner specifiedspecified under this Article II of the Plan with respect to the applicable benefit.

Appears in 3 contracts

Samples: Salary Continuation Agreement (Tri County Financial Corp /Md/), Salary Continuation Agreement (Tri County Financial Corp /Md/), Salary Continuation Agreement (Tri County Financial Corp /Md/)

Restriction on Timing of Distribution. Notwithstanding any provision of this Agreement to the contrary, if the Executive is considered a Specified Employee at Separation from Service under such procedures as established by the Bank in accordance with Section 409A of the Code, benefit distributions that are made upon Separation from Service may not commence earlier than six (6) months after the date of such Separation from Service. Therefore, in the event this Section 2.5 is applicable to the Executive, any distribution which would otherwise be paid to the Executive within the first six months following the Separation from Service shall be accumulated and paid to the Executive in a lump sum on the first day of the seventh month following the date of Separation from Service. All subsequent distributions shall be paid in the manner specified.

Appears in 3 contracts

Samples: Supplemental Executive Retirement Plan (Provident Community Bancshares, Inc.), Supplemental Executive Retirement Plan (Provident Community Bancshares, Inc.), Supplemental Executive Retirement Plan (Provident Community Bancshares, Inc.)

Restriction on Timing of Distribution. Notwithstanding any provision of this Agreement to the contrary, if the Executive is considered a Specified Employee at Separation from Service under such procedures as established by the Bank Company in accordance with Section 409A of the Code, benefit distributions that are made upon Separation from Service may not commence earlier than six (6) months after the date of such Separation from Service. Therefore, in the event this Section 2.5 4.4 is applicable to the Executive, any distribution which would otherwise be paid to the Executive within the first six months following the Separation from Service shall be accumulated and paid to the Executive in a lump sum on the first day of the seventh month following the Separation from Service. All subsequent distributions shall be paid in the manner specified.

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.)

Restriction on Timing of Distribution. Notwithstanding any provision of this Agreement to the contrary, if the Executive is considered a Specified Employee at the time of his or her Separation from Service From Service, under such procedures as established by the Bank Employer, in accordance with Section 409A of the Code, benefit distributions that are made upon such Separation from From Service may not commence earlier than six (6) months after the date of such Separation from From Service. Therefore, in the event this Section 2.5 2.8 is applicable to the Executive, any distribution distributions which would otherwise be paid to the Executive within the first six months following the date of the Executive’s Separation from From Service shall be accumulated and paid to the Executive in a lump sum on the first day of the seventh month following the Separation from From Service. All subsequent distributions shall be paid in the manner specified.

Appears in 2 contracts

Samples: Supplemental Executive Retirement Agreement (Merchants & Manufacturers Bancorporation Inc), Supplemental Executive Retirement Agreement (Merchants & Manufacturers Bancorporation Inc)

Restriction on Timing of Distribution. Notwithstanding any provision of this Agreement to the contrary, if the Executive is considered a Specified Employee Employee” at Separation from Service under such procedures as established by the Bank Company in accordance with Section 409A of the Code, benefit distributions that are made upon Separation from Service may not commence earlier than six (6) months after the date of such Separation from Service. Therefore, in the event this Section 2.5 is applicable to the Executive, any distribution which would otherwise be paid to the Executive within the first six months following the Separation from Service shall be accumulated and paid to the Executive in a lump sum on the first day of the seventh month following the Separation from Service. All subsequent distributions shall be paid in the manner specifiedspecified under this Article 2 of the Plan with respect to the applicable benefit.

Appears in 2 contracts

Samples: Salary Continuation Agreement (Community Financial Corp /Md/), Salary Continuation Agreement (Community Financial Corp /Md/)

Restriction on Timing of Distribution. Notwithstanding any provision of ------------------------------------- this Agreement to the contrary, if the Executive is considered a Specified Employee at Separation from Service under such procedures as established by the Bank in accordance with Section 409A of the Code, benefit distributions that are made upon Separation from Service may not commence earlier than six (6) months after the date of such Separation from Service. Therefore, in the event this Section 2.5 is applicable to the Executive, any distribution which would otherwise or series of distributions to be paid made due to the Executive within the first six months following the a Separation from Service shall be accumulated and paid to the Executive in a lump sum on commence no earlier that the first day of the seventh month following the Separation from Service. All subsequent distributions shall be paid in the manner specified.

Appears in 2 contracts

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

Restriction on Timing of Distribution. Notwithstanding any provision of this Agreement to the contrary, if the Executive Director is considered a Specified Employee at Separation from Service under such procedures as established by the Bank in accordance with Section 409A of the Code, benefit distributions that are made upon Separation from Service may not commence earlier than six (6) months after the date of such Separation from Service. Therefore, in the event this Section 2.5 is applicable to the ExecutiveDirector, any distribution which would otherwise be paid to the Executive Director within the first six months following the Separation from Service shall be accumulated and paid to the Executive Director in a lump sum on the first day of the seventh month following the Separation from Service. All subsequent distributions shall be paid in the manner specified.

Appears in 2 contracts

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

Restriction on Timing of Distribution. Notwithstanding any provision of this Agreement to the contrary, if the Executive is considered a Specified Employee at Separation from Service under such procedures as established by the Bank Corporation in accordance with Section 409A of the Code, benefit distributions that are made otherwise payable upon Separation from Service may not commence earlier than six (6) months after the date of such Separation from Service. Therefore, in the event this Section 2.5 is applicable to the Executive, any distribution which would otherwise be paid to the Executive within the first six months following the Separation from Service shall be accumulated and paid to the Executive in a lump sum on the first day of the seventh month following the Separation from Service. All subsequent distributions shall be paid in the manner specified.

Appears in 2 contracts

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

Restriction on Timing of Distribution. Notwithstanding any provision of this Agreement to the contrary, if the Executive is considered a Specified Employee at Separation from Service under such procedures as established by the Bank in accordance with Section 409A of the Code, benefit distributions that are made upon Separation from Service may not commence earlier than six (6) months after the date of such Separation from Service. Therefore, in the event this Section 2.5 is applicable to the Executive, any distribution which would otherwise be paid to the Executive within the first six months following the Separation from Service shall be accumulated and paid to the Executive in a lump sum on the first day of the seventh month following the Separation from Service. All subsequent distributions shall be paid in the manner specified.

Appears in 2 contracts

Samples: Salary Continuation Agreement (Peoples Federal Bancshares, Inc.), Salary Continuation Agreement (Peoples Federal Bancshares, Inc.)

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Restriction on Timing of Distribution. Notwithstanding any provision of this Agreement to the contrary, if the Executive Director is considered a Specified Employee at Separation from Service under such procedures as established by the Bank Company in accordance with Section 409A of the Code, benefit distributions that are made upon Separation from Service may not commence earlier than six (6) months after the date of such Separation from Service. Therefore, in the event this Section 2.5 4.3 is applicable to the ExecutiveDirector, any distribution which would otherwise be paid to the Executive Director within the first six months following the Separation from Service shall be accumulated and paid to the Executive Director in a lump sum on the first day of the seventh month following the Separation from Service. All subsequent distributions shall be paid in the manner specified.

Appears in 2 contracts

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

Restriction on Timing of Distribution. Notwithstanding any provision of this Agreement to the contrary, if the Executive is considered a Specified Employee at Separation from Service under such procedures as established by the Bank Company in accordance with Section 409A of the Code, benefit distributions that are made upon Separation from Service may not commence earlier than six (6) months after the date of such Separation from Service. Therefore, in the event this Section 2.5 is applicable to the Executive, any distribution which would otherwise be paid to the Executive within the first six months following the Separation from Service shall be accumulated and paid to the Executive in a lump sum on the first day of the seventh month following the Separation from Service. All subsequent distributions shall be paid in the manner specifiedspecified under this Article 11 of the Plan with respect to the applicable benefit.

Appears in 2 contracts

Samples: Salary Continuation Agreement (Community Financial Corp /Md/), Salary Continuation Agreement (Community Financial Corp /Md/)

Restriction on Timing of Distribution. Notwithstanding any provision of this Agreement to the contrary, if the Executive is considered a Specified Employee at Separation from Service under such procedures as established by the Bank Company in accordance with Section 409A of the Code, benefit distributions that are made upon Separation from Service may not commence earlier than six (6) months after the date of such Separation from Service. Therefore, in the event this Section 2.5 2.6 is applicable to the Executive, any distribution which would otherwise be paid to the Executive within the first six months following the Separation from Service shall be accumulated and paid to the Executive in a lump sum on the first day of the seventh month following the Separation from Service. All subsequent distributions shall be paid in the manner specified.

Appears in 2 contracts

Samples: Salary Continuation Agreement (First Keystone Corp), Salary Continuation Agreement (First Keystone Corp)

Restriction on Timing of Distribution. Notwithstanding any provision of this Agreement to the contrary, if the Executive Director is considered a Specified Employee at Separation from Service under such procedures as established by the Bank in accordance with Section 409A of the Code, benefit distributions that are made upon Separation from Service may not commence earlier than six (6) months after the date of such Separation from Service. Therefore, in the event this Section 2.5 is applicable to the ExecutiveDirector, any distribution which would otherwise be paid to the Executive Director within the first six months following the Separation from Service shall be accumulated and paid to the Executive Director in a lump sum on the first day of the seventh month following the Separation from Service. All subsequent distributions shall be paid in the manner specified.. Mxxxxx Savings Bank Director Retirement Agreement

Appears in 1 contract

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

Restriction on Timing of Distribution. Notwithstanding any provision of this Agreement to the contrary, if the Executive is considered a Specified Employee at Separation from Service under such procedures as established by the Bank Company in accordance with Section 409A of the Code, benefit distributions that are made upon Separation from Service may not commence earlier than six (6) months after the date of such Separation from Service. Therefore, in the event this Section 2.5 is applicable to the Executive, any distribution which would otherwise be paid to the Executive within the first six months following the Separation from Service shall be accumulated and paid to the Executive in a lump sum on the first day of the seventh month following the Separation from Service. All subsequent distributions shall be paid in the manner specified.. THE FIRST NATIONAL BANK OF MIFFLINTOWN Second Amended and Restated Salary Continuation Agreement

Appears in 1 contract

Samples: Salary Continuation Agreement (First Community Financial Corp)

Restriction on Timing of Distribution. Notwithstanding any provision of this Agreement to the contrary, if the Executive is considered a Specified Employee at Separation from Service under such procedures as established by the Bank in accordance with Section 409A of the Code, benefit distributions that are made otherwise payable upon Separation from Service may not commence earlier than six (6) months after the date of such Separation from Service. Therefore, in the event this Section 2.5 is applicable to the Executive, any distribution which would otherwise be paid to the Executive within the first six months following the Separation from Service shall be accumulated and paid to the Executive in a lump sum on the first day of the seventh month following the Separation from Service. All subsequent distributions shall be paid in the manner specified.

Appears in 1 contract

Samples: Supplemental Executive Retirement Plan Agreement (Habersham Bancorp)

Restriction on Timing of Distribution. Notwithstanding any provision of this Agreement to the contrary, if the Executive is considered a Specified Employee at Separation from Service under such procedures as established by the Bank in accordance with Section 409A of the Code, benefit distributions that are made upon Separation from Service may not commence earlier than six (6) months after the date of such Separation from Service. Therefore, in the event this Section 2.5 2.3 is applicable to the Executive, any distribution which would otherwise be paid to the Executive within the first six months following the Separation from Service shall be accumulated and paid to the Executive in a lump sum on the first day of the seventh month following the Separation from Service. All subsequent distributions shall be paid in the manner specified.

Appears in 1 contract

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

Restriction on Timing of Distribution. Notwithstanding any provision of this Agreement to the contrary, if the Executive is considered a Specified Employee at Separation from Service under such procedures as established by the Bank Company in accordance with Section 409A of the Code, benefit distributions that are made upon Separation from Service may not commence earlier than six (6) months after the date of such Separation from Service. Therefore, in the event this Section 2.5 is applicable to the Executive, any distribution THE FIRST NATIONAL BANK OF MIFFLINTOWN Amended and Restated Salary Continuation Agreement which would otherwise be paid to the Executive within the first six months following the Separation from Service shall be accumulated and paid to the Executive in a lump sum on the first day of the seventh month following the Separation from Service. All subsequent distributions shall be paid in the manner specified.

Appears in 1 contract

Samples: Salary Continuation Agreement (First Community Financial Corp)

Restriction on Timing of Distribution. Notwithstanding any provision of this this: Agreement to the contrary, if the Executive is considered a Specified Employee at Separation from Service under such procedures as established by the Bank Company in accordance with Section 409A of the Code, benefit distributions that are made upon Separation from Service may not commence earlier than six (6) months after the date of such Separation from Service. Therefore, in the event this Section 2.5 is applicable to the Executive, any distribution which would otherwise be paid to the Executive within the first six months following the Separation from Service shall be accumulated and paid to the Executive in a lump sum on the first day of the seventh month following the Separation from Service. All subsequent distributions shall be paid in the manner specifiedspecified under this Article 2 of the Plan with respect to the applicable benefit.

Appears in 1 contract

Samples: Salary Continuation Agreement (Community Financial Corp /Md/)

Restriction on Timing of Distribution. Notwithstanding any provision of this this: Agreement to the contrary, if the Executive is considered a Specified Employee at Separation from Service under such procedures as established by the Bank Company in accordance with Section 409A of the Code, benefit distributions that are made upon Separation from Service may not commence earlier than six (6) months after the date of such Separation from Service. Therefore, in the event this Section 2.5 is applicable to the Executive, any distribution which would otherwise be paid to the Executive within the first six months following the Separation from Service shall be accumulated and paid to the Executive in a lump sum on the first day of the seventh month following the Separation from Service. All subsequent distributions shall be paid in the manner specifiedspecified under this Article II of the Plan with respect to the applicable benefit.

Appears in 1 contract

Samples: Salary Continuation Agreement (Tri County Financial Corp /Md/)

Restriction on Timing of Distribution. Notwithstanding any provision of this Agreement to the contrary, if the Executive is considered a Specified Employee at Separation from Service under such procedures as established by the Bank in accordance with Section 409A of the Code, benefit distributions that are made upon Separation from Service may not commence earlier than six (6) months after the date of such Separation from Service. Therefore, in the event this Section 2.5 is applicable to the Executive, any distribution which would otherwise be paid to the Executive within the first six months following the Separation from Service shall be accumulated and paid to the Executive in a lump sum on the first day of the seventh month following the Separation from Service. All subsequent distributions shall be paid in the manner specified. No such delay or continued delay in distributions shall be required following the death of the Executive.

Appears in 1 contract

Samples: Salary Continuation Agreement (Dimeco Inc)

Restriction on Timing of Distribution. Notwithstanding any provision of this Agreement to the contrary, if the Executive is considered a Specified Employee at Separation from Service under such procedures as established by the Bank Company in accordance with Section 409A of the Code, benefit distributions that are made upon Separation from Service may not commence earlier than six (6) months after the date of such Separation from Service. Therefore, in the event this Section 2.5 is applicable to the Executive, any distribution which would otherwise be paid to the Executive within the first six months following the Separation from Service shall be accumulated and paid to the Executive in a lump sum on the first day of the seventh month following the Separation from Service. All subsequent distributions shall be paid in the manner specifiedspecified under this Article II of the Plan with respect to the applicable benefit.

Appears in 1 contract

Samples: Salary Continuation Agreement (Tri County Financial Corp /Md/)

Restriction on Timing of Distribution. Notwithstanding any provision of this Agreement to the contrary, if the Executive is considered a Specified Employee at Separation from Service under such procedures as established by the Bank in accordance with Section 409A of the Code, benefit distributions that are made upon Separation from Service may not commence earlier than six (6) months after the date of such Separation from Service. Therefore, in the event this Section 2.5 2.4 is applicable to the Executive, any distribution which would otherwise be paid to the Executive within the first six months following the Separation from Service shall be accumulated and paid to the Executive in a lump sum on the first day of the seventh month following the Separation from Service. All subsequent distributions shall be paid in the manner specified.

Appears in 1 contract

Samples: Salary Continuation Agreement (Canyon Bancorp)

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