Substantial Risks of Forfeiture. Executive understands that any rights and benefits provided to him pursuant to this Agreement are subject to a substantial risk of forfeiture and Executive is not entitled to any rights or benefits pursuant to this Agreement unless (1) a Change in Control of the Company has occurred, (2) Executive's employment has been terminated pursuant to Section 2 of this Agreement, (3) the conditions in Section 4 of this Agreement have not occurred, and (4) the Company is permitted by law to provide such rights or benefits. Section 8(d) of the Agreement is deleted in its entirety and replaced with the following:
Appears in 5 contracts
Samples: Change in Control Compensation Agreement (Banctrust Financial Group Inc), Change in Control Compensation Agreement (Banctrust Financial Group Inc), Change in Control Compensation Agreement (Banctrust Financial Group Inc)