Exhibit 10.10.2
SPLIT DOLLAR AGREEMENT
AGREEMENT made the 18th day of August, 1999, by and between Hampden Savings
Bank of the City of Springfield, Commonwealth of Massachusetts (hereinafter
called "the Corporation") and Xxxxxx X. Xxxxxx of the Town of Agawam,
Commonwealth of Massachusetts (hereinafter called "the Employee").
WHEREAS, the Employee wants to insure his life, for the benefit and
protection of his family, under a policy to be issued by Massachusetts Life
Insurance Company; and
WHEREAS, the Corporation wants to help the Employee provide insurance for
the benefit and protection of his family by paying the full amount of the
premiums due on the policy on the Employee's life; and
WHEREAS, the Employee will be the owner of the policy of insurance on his
life acquired pursuant to the terms of this Agreement and the policy will be
assigned to the Corporation as security for the repayment of the amounts which
the Corporation will contribute toward payment of the premiums due on the
policy;
NOW, THEREFORE, in consideration of the mutual covenants contained herein,
it is agreed between the parties hereto as follows:
ARTICLE 1
APPLICATION FOR INSURANCE. The corporation will apply to Massachusetts
Mutual Life Insurance Company for a Life Paid-Up at 65 policy on his life in the
face amount of $409,211.00. When the policy is issued, the policy number, face
amount and plan of insurance shall be recorded on Schedule A attached hereto and
the policy shall then be subject to the terms of this Agreement.
ARTICLE 2
OWNERSHIP OF INSURANCE. The Employee will be the owner of the policy on the
Employee's life acquired pursuant to the terms of this Agreement and he may
exercise all the rights of ownership with respect to the policy except as
otherwise hereinafter provided.
ARTICLE 3
ELECTION OF DIVIDEND OPTION.
A. Dividends Applied to Buy Paid Up Insurance. All dividends declared by
Massachusetts Mutual Life Insurance Company on the policy on the life of the
Employee acquired pursuant to the terms of this Agreement, or any part thereof
as may be necessary, shall be applied to purchase Paid Up Insurance Additions on
the life of the Employee.
ARTICLE 4
PAYMENT OF PREMIUMS ON POLICY.
A. On or before the due date of each annual premium on the policy on the
Employee's life acquired pursuant to the terms of this Agreement, the
Corporation will pay to the Massachusetts Mutual Life Insurance Company the
annual premium for the policy.
ARTICLE 5
EMPLOYEE'S OBLIGATION TO CORPORATION. The Employee shall be obligated to
repay to the Corporation the amount which the Corporation pays to the Employee
under Article 4:A of this Agreement. This obligation of the Employee to the
Corporation shall be payable as provided in Article 8 and Article 10 of this
Agreement.
ARTICLE 6
ASSIGNMENT OR TERMINATION OF POLICY.
A. The Employee will collaterally assign the policy on his life, acquired
pursuant to the terms of this Agreement, to the Corporation as security for the
repayment of the amounts which the Corporation will pay to the Employee under
Article 4:A of this Agreement. This collateral assignment will not be altered or
changed without the consent of the Corporation.
ARTICLE 7
B. While this Agreement is in force and in effect, the Employee will
neither sell, surrender nor otherwise terminate the policy on his life, acquired
pursuant to the terms of this Agreement, without the Corporation's consent.
ARTICLE 8
DEATH CLAIMS
A. When the Employee dies, the Corporation shall be entitled to receive a
portion of the death benefits provided under the policy on the Employee's life
acquired pursuant to the terms of this Agreement. The amount shall be the sum of
its contributions, pursuant to Article 4:A of this Agreement, toward payment of
the premiums due on the policy. The receipt of this amount by the Corporation
shall constitute satisfaction of the Employee's obligation under Article 5 of
this Agreement.
B. When the Employee dies, the beneficiary or beneficiaries named by the
Employee shall be entitled to receive the amount of the death benefits provided
under the policy on the Employee's life in excess of the amount payable to the
Corporation under paragraph A of this Article.
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ARTICLE 9
TERMINATION OF AGREEMENT. This Agreement shall terminate on the occurrence
of any of the following events:
(a) cessation of the Corporate business;
(b) written notice given by either party to the other;
(c) termination of the employment of the Employee;
(d) bankruptcy, receivership or dissolution of the Corporation;
(e) repayment in full by the Employee of the contributions made by
the Corporation, under Article 4 of this Agreement toward
payments of the premiums due on the policy on the Employee's life
acquired pursuant to the terms of this Agreement, provided that
upon the receipt of such repayment the Corporation releases the
collateral assignment of the policy made by the Employee pursuant
to Article 6 of this Agreement.
ARTICLE 10
DISPOSITION OF POLICY ON TERMINATION OF AGREEMENT. If this Agreement is
terminated under paragraph (a), (b), (c), (d), or (e) of Article 9 of this
Agreement, the Employee shall have thirty days in which to pay the Corporation
the amount which it has contributed toward payment of the premiums due on the
policy on the Employee's life acquired pursuant to the terms of this Agreement.
Upon receipt of this amount which the Corporation shall release the collateral
assignment of the policy. If the Employee does not repay the amount which the
Corporation has contributed within this thirty day period, the Corporation may
enforce any rights which it has under the collateral assignment of the policy.
ARTICLE 11
INSURANCE COMPANY NOT A PARTY. The Massachusetts Mutual Life Insurance
Company
(a) shall not be deemed to be a party to this Agreement for any
purpose nor in any way responsible for its validity;
(b) shall not be obligated to inquire as to the distribution of any
monies payable or paid by it under the policy on the life of the
Employee acquired pursuant to the terms of this Agreement.
(c) shall be fully discharged from any and all liability under the
terms of any policy issued by it, which is subject to the terms
of this Agreement, upon payment or other performance of its
obligations in accordance with the terms of such policy.
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ARTICLE 12
AMENDMENT OF AGREEMENT. This Agreement shall not be modified or amended
except by a writing signed by the Corporation and the Employee. This Agreement
shall be binding upon the heirs, administrators or executors and the successors
and assigns of each party to this Agreement.
ARTICLE 13
STATE LAW. This Agreement shall be subject to and shall be construed under
the laws of the Commonwealth of Massachusetts.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement at
Springfield, Commonwealth of Massachusetts.
Employee: /s/ Xxxxxx X. Xxxxxx
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(Employee)
Corporate Seal (Company)
Attest: By: /s/ Xxxxxx X. Xxxxxx
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(Treasurer)
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