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 or series of distributions to be made due to a Separation from Service shall commence no earlier that the first day of the seventh month following the Separation from Service.

Appears in 2 contracts

Samples: Pacific Premier (Pacific Premier Bancorp Inc), Pacific Premier (Pacific Premier Bancorp 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 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 or series of distributions to be made due to a Separation from Service shall commence no earlier that the first day of the seventh month following the Separation from Service.

Appears in 1 contract

Samples: Continuation Agreement (Luther Burbank 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 2.4 is applicable to the Executive, any distribution or series of distributions to be made due to a Separation from Service shall commence no earlier that than the first day of the seventh month following the Separation from Service.

Appears in 1 contract

Samples: Continuation Agreement (Luther Burbank Corp)

Restriction on Timing of Distribution. Notwithstanding any provision of ------------------------------------- this Agreement to the contrary, if the Executive is considered a Specified Key Employee at the time of Separation from Service under such procedures as established by of the Bank Employer 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 11.14 is applicable to the Executive, any distribution or series of distributions to be made due to a Separation from Service shall commence no earlier that the first day of the seventh month following the Separation from Service.

Appears in 1 contract

Samples: Executive Salary Continuation Agreement (United Security Bancshares)

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 payment or series of distributions payments to be made due to a Separation from Service shall commence no earlier that the first day of the seventh month following the Separation from Service.

Appears in 1 contract

Samples: Continuation Agreement (First Community Corp /Sc/)

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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 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 payment or series of distributions payments to be made due to a Separation from Service shall commence no earlier that the first day of the seventh month following the Separation from Service.

Appears in 1 contract

Samples: Continuation Agreement (Regional Bankshares 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 2.3 is applicable to the Executive, any distribution or series of distributions to be made due to a Separation from Service shall commence no earlier that than the first day of the seventh month following the Separation from Service.

Appears in 1 contract

Samples: Continuation Agreement (Luther Burbank Corp)

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