Senior Executive Advisor. During the period commencing from the Effective Date and ending June 30, 2009 (the “Employment Period”), and subject to the terms of this Agreement, Executive agrees to serve, and the Company agrees to employ Executive, as Senior Executive Advisor. As an employee of the Company, Executive agrees to perform the following employment duties commensurate with his status and experience with the Company: (i) provide advice and counsel upon request of the Board or the Company’s Chief Executive Officer and (ii) perform such other duties as the Board and Executive may reasonably agree to from time to time consistent with Executive’s position as Senior Executive Advisor and Chairman of the Board (everything in (i) and (ii) collectively, the “Employment Services”). It is agreed that the Employment Services may not require Executive’s full business time and attention. For the avoidance of doubt, nothing in this Agreement shall preclude Executive from engaging in appropriate civic, charitable or religious activities and devoting a reasonable amount of time to private investments or boards or other activities provided that such activities do not interfere or conflict with Executive’s responsibilities to the Company and are not likely to be contrary to the Company’s interests.
Senior Executive Advisor. During the period commencing from the Transition Time and ending November 18, 2009 (the “Employment Period”), and subject to the terms of this Agreement (including the early termination provisions set forth in Agreement Paragraph VI.), Executive agrees to serve, and TCB agrees to employ Executive, as Senior Executive Advisor. As an employee of TCB, Executive agrees to perform the following employment duties commensurate with his status and experience with TCB: (i) advise the Board and the executive management of TCB regarding, and monitor TCB’s investment in, BankCap Partners; (ii) assist with the transition of Executive’s prior duties and responsibilities as Chairman and CEO to his successor; (iii) provide advice and counsel upon request of the Board or TCB’s executive management relating to business planning strategy, strategic acquisitions, dispositions, capital raising activities and major financings; (iv) promote TCB’s best interests; and (v) perform such other duties as the Board and Executive may reasonably agree to from time to time consistent with Executive’s position as Senior Executive Advisor and Chairman Emeritus (everything in (i) through (v) collectively, the “Employment Services”). It is agreed that the Employment Services may not require Executive’s full business time and attention, particularly toward the end of the Employment Period. The Parties expect and intend, however, that the average level of bona fide services to be provided by Executive during the Employment Period shall exceed 20% of the average level of the bona fide services provided by Executive during the 36-month period immediately preceding May 19, 2008. For the avoidance of doubt, nothing in this Agreement shall preclude Executive from engaging in appropriate civic, charitable or religious activities and devoting a reasonable amount of time to private investments or boards or other activities provided that such activities do not interfere or conflict with Executive’s responsibilities to TCB and are not likely to be contrary to TCB’s interests and do not violate the provisions of Agreement Paragraph IV.
