Termination or Suspension Under Federal Law. i) If the Employee is removed and/or permanently prohibited from participating in the conduct of the Employer's affairs by an order issued under Sections 8(e)(4) or 8(g)(1) of the Federal Deposit Insurance Act ("FDIA") (12 U.S.C. 1818(e)(4) or 8(g)(1)), the Employee's employment will terminate as of the effective date of such order, and the provisions of Subsection 8.e.i) shall apply. ii) If the Employer is in default (as defined in Section 3(x)(1) of the FDIA), the Employee's employment will terminate as of such default, and the provisions of Subsection 8.e.i) shall apply. iii) If a notice served under Section 8(e)(3) or Section 8(g)(1) of the FDIA suspends and/or temporarily prohibits the Employee from participating in the conduct of the Employer's affairs, the Employer's obligations under this Agreement shall be suspended as of the date of such notice, unless stayed by appropriate proceedings. If the charges in the notice are dismissed, the Employer may, at its discretion: (1) Pay the Employee all or part of the compensation withheld while its Agreement obligations were suspended, and (2) Reinstate (in whole or in part) any of its obligations that were suspended. iv) Any payments made to the Employee pursuant to this Agreement or otherwise are subject to and conditioned upon their compliance with both 12 U.S.C. Section 1828(k) and any regulations promulgated thereunder and Regulatory Bulletin 27A, but only to the extent required thereunder on the date any payment is required pursuant to this Agreement.
Appears in 4 contracts
Samples: Employment Agreement (Eagle Bancshares Inc), Employment Agreement (Eagle Bancshares Inc), Employment Agreement (Eagle Bancshares Inc)
Termination or Suspension Under Federal Law. i(1) If the Employee is removed and/or permanently prohibited from participating in the conduct of the EmployerAssociation's affairs by an order issued under Sections 8(e)(4) or 8(g)(1) of the Federal Deposit Insurance Act ("FDIA") (12 U.S.C. 1818(e)(4) or 8(g)(1and (g)(1)), all obligations of the Employee's employment will terminate Association under this Agreement shall terminate, as of the effective date of such the order, and but vested rights of the provisions of Subsection 8.e.i) parties shall applynot be affected.
ii(2) If the Employer Association is in default (as defined in Section 3(x)(1) of the FDIA), the Employee's employment will all obligations under this Agreement shall terminate as of such the date of default; however, and this Paragraph shall not affect the provisions vested rights of Subsection 8.e.i) shall applythe parties.
iii(3) If a notice served under Section 8(e)(3) or Section 8(g)(1(g)(1) of the FDIA (12 U.S.C. 1818(e)(3) or (g)(1)) suspends and/or temporarily prohibits the Employee from participating in the conduct of the EmployerAssociation's affairs, the EmployerAssociation's obligations under this Agreement shall be suspended as of the date of such noticeservice, unless stayed by appropriate proceedings. If the charges in the notice are dismissed, the Employer may, at Association may in its discretion:
discretion (1i) Pay pay the Employee all or part of the compensation withheld while its Agreement contract obligations were suspended, and
and (2ii) Reinstate reinstate (in whole or in part) any of its obligations that which were suspended.
iv(4) Any payments made to the Employee pursuant to this Agreement Agreement, or otherwise otherwise, are subject to and conditioned upon their compliance with both 12 U.S.C. Section 1828(k) and any regulations promulgated thereunder thereunder, and Regulatory Bulletin 27A, but only to the extent required thereunder on the date any payment is required pursuant to this Agreement.
Appears in 3 contracts
Samples: Employment Agreement (High Country Bancorp Inc), Employment Agreement (High Country Bancorp Inc), Employment Agreement (United Tennessee Bankshares Inc)
Termination or Suspension Under Federal Law. i(1) If the Employee is removed and/or permanently prohibited from participating in the conduct of the EmployerBank's affairs by an order issued under Sections 8(e)(4) or 8(g)(1) of the Federal Deposit Insurance Act ("FDIA") (12 U.S.C. 1818(e)(4) or 8(g)(1and (g)(1)), all obligations of the Employee's employment will terminate Bank under this Agreement shall terminate, as of the effective date of such the order, and but vested rights of the provisions of Subsection 8.e.i) parties shall applynot be affected.
ii(2) If the Employer Bank is in default (as defined in Section 3(x)(1) of the FDIA), the Employee's employment will all obligations under this Agreement shall terminate as of such the date of default; however, and this Paragraph shall not affect the provisions vested rights of Subsection 8.e.i) shall applythe parties.
iii(3) If a notice served under Section 8(e)(3) or Section 8(g)(1(g)(1) of the FDIA (12 U.S.C. 1818(e)(3) or (g)(1)) suspends and/or temporarily prohibits the Employee from participating in the conduct of the EmployerBank's affairs, the EmployerBank's obligations under this Agreement shall be suspended as of the date of such noticeservice, unless stayed by appropriate proceedings. If the charges in the notice are dismissed, the Employer may, at Bank may in its discretion:
discretion (1i) Pay pay the Employee all or part of the compensation withheld while its Agreement contract obligations were suspended, and
and (2ii) Reinstate reinstate (in whole or in part) any of its obligations that which were suspended.
iv(4) Any payments made to the Employee pursuant to this Agreement Agreement, or otherwise otherwise, are subject to and conditioned upon their compliance with both 12 U.S.C. Section 1828(k) and any regulations promulgated thereunder thereunder, ---- and Regulatory Bulletin 27A, but only to the extent required thereunder on the --- date any payment is required pursuant to this Agreement.
Appears in 3 contracts
Samples: Employment Agreement (Northfield Bancorp Inc), Employment Agreement (North Arkansas Bancshares Inc), Employment Agreement (North Arkansas Bancshares Inc)
Termination or Suspension Under Federal Law. i(1) If the Employee is removed and/or permanently prohibited from participating in the conduct of the EmployerBank's affairs by an order issued under Sections 8(e)(4) or 8(g)(1) of the Federal Deposit Insurance Act ("FDIA") (12 U.S.C. 1818(e)(4) or 8(g)(1and (g)(1)), all obligations of the Employee's employment will terminate Bank under this Agreement shall terminate, as of the effective date of such the order, and but vested rights of the provisions of Subsection 8.e.i) parties shall applynot be affected.
ii(2) If the Employer Bank is in default (as defined in Section 3(x)(1) of the FDIA), the Employee's employment will all obligations under this Agreement shall terminate as of such the date of default; however, and this Paragraph shall not affect the provisions vested rights of Subsection 8.e.i) shall applythe parties.
iii(3) If a notice served under Section 8(e)(3) or Section 8(g)(1(g)(1) of the FDIA (12 U.S.C. 1818(e)(3) or (g)(1)) suspends and/or temporarily prohibits the Employee from participating in the 4 conduct of the EmployerBank's affairs, the EmployerBank's obligations under this Agreement shall be suspended as of the date of such noticeservice, unless stayed by appropriate proceedings. If the charges in the notice are dismissed, the Employer may, at Bank may in its discretion:
discretion (1i) Pay pay the Employee all or part of the compensation withheld while its Agreement contract obligations were suspended, and
and (2ii) Reinstate reinstate (in whole or in part) any of its obligations that which were suspended.
iv(4) Any payments made to the Employee pursuant to this Agreement Agreement, or otherwise otherwise, are subject to and conditioned upon their compliance with both 12 U.S.C. Section 1828(k) and any regulations promulgated thereunder and Regulatory Bulletin 27A, but only to the extent required thereunder on the date any payment is required pursuant to this Agreement.
Appears in 1 contract
Samples: Reorganization and Merger Agreement (Cecil Bancorp Inc)
Termination or Suspension Under Federal Law. i(1) If the Employee is removed and/or permanently prohibited from participating in the conduct of the EmployerAssociation's affairs by an order issued under Sections 8(e)(4) or 8(g)(1) of the Federal Deposit Insurance Act ("FDIA") (12 U.S.C. 1818(e)(4) or 8(g)(1and (g)(1)), all obligations of the Employee's employment will terminate Association under this Agreement shall terminate, as of the effective date of such the order, and but vested rights of the provisions of Subsection 8.e.i) parties shall applynot be affected.
ii(2) If the Employer Association is in default (as defined in Section 3(x)(1) of the FDIA), the Employee's employment will all obligations under this Agreement shall terminate as of such the date of default; however, and this Paragraph shall not affect the provisions vested rights of Subsection 8.e.i) shall applythe parties.
iii(3) If a notice served under Section 8(e)(3) or Section 8(g)(1(g)(1) of the FDIA (12 U.S.C. 1818(e)(3) or (g)(1)) suspends and/or temporarily prohibits the Employee from participating in the conduct of the EmployerAssociation's affairs, the EmployerAssociation's obligations under this Agreement shall be suspended as of the date of such noticeservice, unless stayed by appropriate proceedings. If the charges in the notice are dismissed, the Employer may, at Association may in its discretion:
discretion (1i) Pay pay the Employee all or part of the compensation withheld while its Agreement contract obligations were suspended, and
and (2ii) Reinstate reinstate (in whole or in part) any of its obligations that which were suspended.
iv(4) Any payments made to the Employee pursuant to this Agreement Agreement, or otherwise otherwise, are subject to and conditioned upon their compliance with both 12 U.S.C. Section 1828(k) and any regulations promulgated thereunder thereunder, ---- and Regulatory Bulletin 27A, but only to the extent required thereunder on the --- date any payment is required pursuant to this Agreement.
Appears in 1 contract
Termination or Suspension Under Federal Law. i(1) If the Employee is removed and/or permanently prohibited from participating in the conduct of the EmployerBank's affairs by an order issued under Sections 8(e)(4) or 8(g)(1) of the Federal Deposit Insurance Act ("FDIA") (12 U.S.C. 1818(e)(4) or 8(g)(1and (g)(1)), all obligations of the Employee's employment will terminate Bank under this Agreement shall terminate, as of the effective date of such the order, and but vested rights of the provisions of Subsection 8.e.i) parties shall applynot be affected.
ii(2) If the Employer Bank is in default (as defined in Section 3(x)(1) of the FDIA), the Employee's employment will all obligations under this Agreement shall terminate as of such the date of default; however, and this Paragraph shall not affect the provisions vested rights of Subsection 8.e.i) shall applythe parties.
iii(3) If a notice served under Section 8(e)(3) or Section 8(g)(1(g)(1) of the FDIA (12 U.S.C. 1818(e)(3) or (g)(1)) suspends and/or temporarily prohibits the Employee from participating in the conduct of the EmployerBank's affairs, the EmployerBank's obligations under this Agreement shall be suspended as of the date of such noticeservice, unless stayed by appropriate proceedings. If the charges in the notice are dismissed, the Employer may, at Bank may in its discretion:
discretion (1i) Pay pay the Employee all or part of the compensation withheld while its Agreement contract obligations were suspended, and
and (2ii) Reinstate reinstate (in whole or in part) any of its obligations that which were suspended.
iv(4) Any payments made to the Employee pursuant to this Agreement Agreement, or otherwise otherwise, are subject to and conditioned upon their compliance with both 12 U.S.C. Section 1828(k) and any regulations promulgated thereunder thereunder, and Regulatory Bulletin 27A, but only to the extent required thereunder on the date any payment is required pursuant to this Agreement.
Appears in 1 contract
Termination or Suspension Under Federal Law. i(1) If the Employee is removed and/or or permanently prohibited from participating in the conduct of the EmployerBank's affairs by an order issued under Sections 8(e)(4) or 8(g)(1) of the Federal Deposit Insurance Act ("FDIA") (12 U.S.C. 1818(e)(4) or 8(g)(1and (g)(1)), all obligations of the Employee's employment will terminate Bank under this Agreement shall terminate, as of the effective date of such the order, and but vested rights of the provisions of Subsection 8.e.i) parties shall applynot be affected.
ii(2) If the Employer Bank is in default (as defined in Section 3(x)(1) of the FDIA), the Employee's employment will all obligations under this Agreement shall terminate as of such the date of default; however, and this Paragraph shall not affect the provisions vested rights of Subsection 8.e.i) shall applythe parties.
iii(3) If a notice served under Section 8(e)(3) or Section 8(g)(1(g)(1) of the FDIA (12 U.S.C. 1818(e)(3) or (g)(1)) suspends and/or temporarily prohibits the Employee from participating in the conduct of the EmployerBank's affairs, the EmployerBank's obligations under this Agreement shall be suspended as of the date of such noticeservice, unless stayed by appropriate proceedings. If the charges in the notice are dismissed, the Employer may, at Bank may in its discretion:
discretion (1i) Pay pay the Employee all or part of the compensation withheld while its Agreement contract obligations were suspended, and
and (2ii) Reinstate reinstate (in whole or in part) any of its obligations that which were suspended.
iv(4) Any payments made to the Employee pursuant to this Agreement Agreement, or otherwise otherwise, are subject to and conditioned upon their compliance with both 12 U.S.C. Section 1828(k) and any regulations promulgated thereunder thereunder, and Regulatory Bulletin 27A, but only to the extent required thereunder on the date any payment is required pursuant to this Agreement.
Appears in 1 contract