FIRST AMENDMENT TO THE SERVICE 1ST BANK ENDORSEMENT SPLIT-DOLLAR AGREEMENT DATED SEPTEMBER 10, 2003 FOR BRYAN HYZDU
EXHIBIT 10.12
FIRST
AMENDMENT TO THE
SERVICE 1ST BANK
ENDORSEMENT SPLIT-DOLLAR AGREEMENT
DATED SEPTEMBER 10, 2003
FOR XXXXX XXXXX
This First Amendment (Amendment) to the Endorsement Split-Dollar Agreement between Service 1st Bank (Split Dollar Agreement) located in Stockton, California (Bank) and Xxxxx Xxxxx (Executive) is adopted August 21, 2008, as set forth below.
The Bank and the Executive executed the Split Dollar Agreement on September 10, 2003 (Agreement).
The undersigned hereby amends, in part, said Split Dollar Agreement for the purpose of: (i) reducing the death benefits payable to the Executive’s beneficiaries in proportion to any reduction or cutback in benefits payable under the salary continuation agreement with Executive (Salary Continuation Agreement) resulting from a Change of Control (as defined therein) and (ii) coordinating benefits so that Executive (or his beneficiaries) may receive either death benefits under the Split Dollar Agreements or benefits under the Salary Continuation Agreements, but not both; and (iii) complying with section 409A of the Code. Therefore, the following changes shall be made
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1. |
Article 2.2 of the Agreement shall be deleted in its entirety and replaced by article 2.2, below. |
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2.2 |
Executive’s Interest. Subject to Article 7, the Executive shall have the right to designate the beneficiary of SIX HUNDRED EIGHTY THOUSAND DOLLARS ($680,000) of death proceeds. If Executive receives or begins receiving benefits pursuant to the amended Salary Continuation Agreement between Executive and the Bank (Salary Continuation Agreement), then no death benefits shall be payable to Executive’s beneficiaries pursuant to this Agreement in the event of Executive’s death. |
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2. |
A new article 2.3 shall be added to the Agreement as set forth, below. |
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2.5 |
Reduction in Benefits due to Change in Control. If all or any portion of the amounts payable to the Executive pursuant to the Salary Continuation Agreement have been reduced because, the payments under the Salary Continuation Agreement alone or together with other payments which the Executive has the right to receive from the Bank, constitute “excess parachute payments” within the meaning of Section 280G of the Internal Revenue Code of 1986, as amended (the “Code”), that are subject to the excise tax imposed by Section 4999 of the Code (or similar tax and/or assessment), then any amounts that may become payable under this Agreement shall be no greater than the amount that would have been payable to Executive under the Salary Continuation Agreement after taking into account any reductions.” |
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3. |
The language of this Amendment shall supersede the provisions of the Plan to the extent the Plan is inconsistent with the provisions of this amendment. Except as amended above, the remaining provisions of the Plan shall remain in full force and effect. |
IN WITNESS WHEREOF, the Bank and the Executive have caused this Amendment to be executed on this 22nd day of August 2008.
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BANK |
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SERVICE 1ST BANK |
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By: |
/s/ Xxxxxx Xxxxx |
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Title: |
Executive Vice President |
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EXECUTIVE |
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Xxxxx Xxxxx |
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