Termination of Employment for Disability. If Executive becomes Totally and Permanently Disabled (as defined below) during the term of this Agreement, the Bank may terminate Executive's employment and this Agreement, except Section 1.5 and Article IV hereof, by giving Executive written notice of such termination not less than 5 days before the effective date thereof. If Executive's employment and this Agreement are terminated pursuant to this Section 2.3, the Bank shall pay to Executive his theretofore unpaid base salary for the period of employment up to the date of termination, and the Company and the Bank shall have no further obligations to Executive under this Agreement, except for any COBRA obligations. The Executive is Totally and Permanently Disabled for purposes of this Section 2.3 if he is disabled or incapacitated to the extent that he is unable to perform the duties of President and Chief Executive Officer of the Company or the Bank for more than three (3) consecutive months, and such disability or incapacity (i) is expected to continue for more than three (3) additional months as certified by a medical doctor of the Company's choosing which is not contradicted by a doctor of the Executive's choosing or (ii) shall have in fact continued for more than three (3) additional months.
Appears in 3 contracts
Samples: Employment Agreement (FCB Financial Corp), Merger Agreement (FCB Financial Corp), Employment Agreement (FCB Financial Corp)
Termination of Employment for Disability. If Executive becomes Totally and Permanently Disabled (as defined below) during the term of this Agreement, the Bank may terminate Executive's employment and this Agreement, except Section 1.5 and Article IV hereof, by giving Executive written notice of such termination not less than 5 days before the effective date thereof. If Executive's employment and this Agreement are terminated pursuant to this Section 2.3, the Bank shall pay to Executive his theretofore unpaid base salary for the period of employment up to the date of termination, and the Company and the Bank shall have no further obligations to Executive under this Agreement, except for any COBRA obligations. The Executive is Totally and Permanently Disabled for purposes of this Section 2.3 if he is disabled or incapacitated to the extent that he is unable to perform the duties of Vice President - Retail Lending and Chief Executive Officer Secretary of the Company or the Bank for more than three (3) consecutive months, and such disability or incapacity (i) is expected to continue for more than three (3) additional months as certified by a medical doctor of the Company's choosing which is not contradicted by a doctor of the Executive's choosing or (ii) shall have in fact continued for more than three (3) additional months.
Appears in 3 contracts
Samples: Merger Agreement (FCB Financial Corp), Employment Agreement (FCB Financial Corp), Merger Agreement (Osb Financial Corp)
Termination of Employment for Disability. If Executive becomes Totally and Permanently Disabled (as defined below) during the term of this Agreement, the Bank may terminate Executive's employment and this Agreement, except Section 1.5 and Article IV hereof, by giving Executive written notice of such termination not less than 5 days before the effective date thereof. If Executive's employment and this Agreement are terminated pursuant to this Section 2.3, the Bank shall pay to Executive his theretofore unpaid base salary for the period of employment up to the date of termination, and the Company and the Bank shall have no further obligations to Executive under this Agreement, except for any COBRA obligations. The Executive is Totally and Permanently Disabled for purposes of this Section 2.3 if he is disabled or incapacitated to the extent that he is unable to perform the duties of Vice President - Retail Sales and Chief Executive Officer Services of the Company or and the Bank for more than three (3) consecutive months, and such disability or incapacity (i) is expected to continue for more than three (3) additional months as certified by a medical doctor of the Company's choosing which is not contradicted by a doctor of the Executive's choosing or (ii) shall have in fact continued for more than three (3) additional months.
Appears in 3 contracts
Samples: Merger Agreement (FCB Financial Corp), Employment Agreement (FCB Financial Corp), Merger Agreement (Osb Financial Corp)
Termination of Employment for Disability. If Executive becomes Totally and Permanently Disabled (as defined below) during the term of this Agreement, the Bank may terminate Executive's employment and this Agreement, except Section 1.5 and Article IV hereof, by giving Executive written notice of such termination not less than 5 days before the effective date thereof. If Executive's employment and this Agreement are terminated pursuant to this Section 2.3, the Bank shall pay to Executive his theretofore unpaid base salary for the period of employment up to the date of termination, and the Company and the Bank shall have no further obligations to Executive under this Agreement, except for any COBRA obligations. The Executive is Totally and Permanently Disabled for purposes of this Section 2.3 if he is disabled or incapacitated to the extent that he is unable to perform the duties of President Vice President, Treasurer and Chief Executive Financial Officer of the Company or the Bank for more than three (3) consecutive months, and such disability or incapacity (i) is expected to continue for more than three (3) additional months as certified by a medical doctor of the Company's choosing which is not contradicted by a doctor of the Executive's choosing or (ii) shall have in fact continued for more than three (3) additional months.
Appears in 3 contracts
Samples: Merger Agreement (Osb Financial Corp), Merger Agreement (FCB Financial Corp), Employment Agreement (FCB Financial Corp)
Termination of Employment for Disability. If Executive becomes Totally and Permanently Disabled (as defined below) during the term of this Agreement, the Bank may terminate Executive's employment and this Agreement, except Section 1.5 and Article IV hereof, by giving Executive written notice of such termination not less than 5 days before the effective date thereof. If Executive's employment and this Agreement are terminated pursuant to this Section 2.3, the Bank shall pay to Executive his theretofore unpaid base salary for the period of employment up to the date of termination, and the Company and the Bank shall have no further obligations to Executive under this Agreement, except for any COBRA obligations. The Executive is Totally and Permanently Disabled for purposes of this Section 2.3 if he is disabled or incapacitated to the extent that he is unable to perform the duties of President and Chief Executive Officer Chairman of the Board of the Company or the Bank for more than three (3) consecutive months, and such disability or incapacity (i) is expected to continue for more than three (3) additional months as certified by a medical doctor of the Company's choosing which is not contradicted by a doctor of the Executive's choosing or (ii) shall have in fact continued for more than three (3) additional months.
Appears in 2 contracts
Samples: Merger Agreement (FCB Financial Corp), Employment Agreement (FCB Financial Corp)
Termination of Employment for Disability. If Executive becomes Totally and Permanently Disabled (as defined below) during the term of this Agreement, the Bank may terminate Executive's employment and this Agreement, except Section 1.5 and Article IV hereof, by giving Executive written notice of such termination not less than 5 days before the effective date thereof. If Executive's employment and this Agreement are terminated pursuant to this Section 2.3, the Bank shall pay to Executive his theretofore unpaid base salary for the period of employment up to the date of termination, and the Company and the Bank shall have no further obligations to Executive under this Agreement, except for any COBRA obligations. The Executive is Totally and Permanently Disabled for purposes of this Section 2.3 if he is disabled or incapacitated to the extent that he is unable to perform the duties of Vice President and Chief Executive Officer of the Company or the Bank for more than three (3) consecutive months, and such disability or incapacity (i) is expected to continue for more than three (3) additional months as certified by a medical doctor of the Company's choosing which is not contradicted by a doctor of the Executive's choosing or (ii) shall have in fact continued for more than three (3) additional months.
Appears in 2 contracts
Samples: Employment Agreement (FCB Financial Corp), Employment Agreement (FCB Financial Corp)
Termination of Employment for Disability. If Executive becomes Totally and Permanently Disabled (as defined below) during the term of this Agreement, the Bank may terminate Executive's employment and this Agreement, except Section 1.5 and Article IV hereof, by giving Executive written notice of such termination not less than 5 days before the effective date thereof. If Executive's employment and this Agreement are terminated pursuant to this Section 2.3, the Bank shall pay to Executive his theretofore unpaid base salary for the period of employment up to the date of termination, and the Company and the Bank shall have no further obligations to Executive under this Agreement, except for any COBRA obligations. The Executive is Totally and Permanently Disabled for purposes of this Section 2.3 if he is disabled or incapacitated to the extent that he is unable to perform the duties of President and Chief Executive Officer Chairman of the Board of the Company or the Bank for more than three (3) consecutive months, and such disability or incapacity (i) is expected to continue for more than three (3) additional months as certified by a medical doctor of the Company's choosing which is not contradicted by a doctor of the Executive's choosing or (ii) shall have in fact continued for more than three (3) additional months.. 128
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Termination of Employment for Disability. If Executive becomes Totally and Permanently Disabled (as defined below) during the term of this Agreement, the Bank may terminate Executive's employment and this Agreement, except Section 1.5 and Article IV hereof, by giving Executive written notice of such termination not less than 5 days before the effective date thereof. If Executive's employment and this Agreement are terminated pursuant to this Section 2.3, the Bank shall pay to Executive his theretofore unpaid base salary for the period of employment up to the date of termination, and the Company and the Bank shall have no further obligations to Executive under this Agreement, except for any COBRA obligations. The Executive is Totally and Permanently Disabled for purposes of this Section 2.3 if he is disabled or incapacitated to the extent that he is unable to perform the duties of President and Chief Executive Officer of the Company or the Bank for more than three (3) consecutive months, and such disability or incapacity (i) is expected to continue for more than three (3) additional months as 165 certified by a medical doctor of the Company's choosing which is not contradicted by a doctor of the Executive's choosing or (ii) shall have in fact continued for more than three (3) additional months.
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