Common use of Termination by Company Not For Cause Coincident Clause in Contracts

Termination by Company Not For Cause Coincident. With or Following a Change in Control or by Executive Coincident With or Following a Change in Control. In the event the Executive's employment hereunder is terminated (A) by action of the Executive coincident with or following a Change in Control including the Executive's death, disability or retirement, or (B) by action of the Company not for cause coincident with or following a Change in Control, the Company shall pay and provide the Executive the compensation and benefits stipulated under sub-paragraph (C) immediately above; provided, however, in addition thereto, the following compensation and benefits shall be paid and provided the Executive: The Bank shall pay to the Executive in a lump sum, in cash, within 30 days following the Date of Termination, an amount equal to two times the Compensation paid in the preceding calendar year, or scheduled to be paid to the Executive during the year of the Notice of Termination, whichever is greater, plus an additional amount sufficient to pay United States income tax on the lump sum amount so paid; provided, however, that if the lump sum payment under this section, either alone or together with other payments which the Executive has the right to receive from the Company, would constitute a "parachute payment" (as defined in Section 28OG of the Internal Revenue Code of 1986) as amended (the "Code"), such lump sum severance payment shall be reduced to the largest amount as will result in no portion of the lump sum severance payment under this Section 6 being subject to the excise tax imposed by Section 4999 of the Code. The determination of any reduction in the lump sum severance payment under this section, pursuant to the foregoing provision shall be made by the Company in good faith.

Termination by Company Not For Cause Coincident. With or Following a Change in Control or by Executive Coincident With or Following a Change in Control. In the event the Executive's employment hereunder is terminated (A) by action of the Executive coincident with or following a Change in Control including the Executive's death, disability or retirement, or (B) by action of the Company not for cause coincident with or following a Change in Control, the Company shall pay and provide the Executive the compensation and benefits stipulated under sub-paragraph (Cc) immediately above; provided, however, in addition thereto, the following compensation and benefits shall be paid and provided the Executive: The Bank shall pay to the Executive in a lump sum, in cash, within 30 days following the Date of Termination, an amount equal to two times the Compensation paid in the preceding calendar year, or scheduled to be paid to the Executive during the year of the Notice of Termination, whichever is greater, plus an additional amount sufficient to pay United States income tax on the lump sum amount so paid; provided, however, that if the lump sum payment under this section, either alone or together with other payments which the Executive has the right to receive from the Company, would constitute a "parachute payment" (as defined in Section 28OG of the Internal Revenue Code of 1986) , as amended (the "Code"), such lump sum severance payment shall be reduced to the largest amount as will result in no portion of the lump sum severance payment under this Section 6 being subject to the excise tax imposed by Section 4999 of the Code. The determination of any reduction in the lump sum severance payment under this section, pursuant to the foregoing provision shall be made by the Company in good faith.

Termination by Company Not For Cause Coincident. With or Following a Change in Control or by Executive Coincident With or Following a Change in Control. In the event the Executive's employment hereunder is terminated (A) by action of the Executive coincident with or following a Change in Control including the Executive's death, disability or retirement, or (B) by action of the Company not for cause coincident with or following a Change in Control, the Company shall pay and provide the Executive the compensation and benefits stipulated under sub-paragraph (C) immediately above; provided, however, in addition thereto, the following compensation and benefits shall be paid and provided the Executive: The Bank shall pay to the Executive in a lump sum, in cash, within 30 days following the Date of Termination, an amount equal to two times the Compensation paid in the preceding calendar year, or scheduled to be paid to the Executive during the year of the Notice of Termination, whichever is greater, plus an additional amount sufficient to pay United States income tax on the lump sum amount so paid; provided, however, that if the lump sum payment under this section, either alone or together with other payments which the Executive has the right to receive from the Company, would constitute a "parachute payment" (as defined in Section 28OG of the Internal Revenue Code of 1986) , as amended (the "Code"), such lump sum severance payment shall be reduced to the largest amount as will result in no portion of the lump sum severance payment under this Section 6 7 being subject to the excise tax imposed by Section 4999 of the Code. The determination of any reduction in the lump sum severance payment under this section, pursuant to the foregoing provision shall be made by the Company in good faith.; and

Termination by Company Not For Cause Coincident. With or Following a Change in Control or by Executive Coincident With or Following a Change in Control. In the event the Executive's employment hereunder is terminated (A) by action of the Executive coincident with or following a Change in Control including the Executive's death, disability or retirement, or (B) by action of the Company not for cause coincident with or following a Change in Control, the Company shall pay and provide the Executive the compensation and benefits stipulated under sub-paragraph (Cc) immediately above; provided, however, in addition thereto, the following compensation and benefits shall be paid and provided the Executive: The Bank shall pay to the Executive in a lump sum, in cash, within 30 days following the Date of Termination, an amount equal to two times the Compensation paid in the preceding calendar year, or scheduled to be paid to the Executive during the year of the Notice of Termination, whichever is greater, plus an additional amount sufficient to pay United States income tax on the lump sum amount so paid; provided, however, that if the lump sum payment under this section, either alone or together with other payments which the Executive has the right to receive from the Company, would constitute a "parachute payment" (as defined in Section 28OG of the Internal Revenue Code of 1986) , as amended (the "Code"), such lump sum severance payment shall be reduced to the largest amount as will result in no portion of the lump sum severance payment under this Section 6 7 being subject to the excise tax imposed by Section 4999 of the Code. The determination of any reduction in the lump sum severance payment under this section, pursuant to the foregoing provision shall be made by the Company in good faith.