Examples of SERP Agreement in a sentence
No right or benefit under this Plan shall be subject to anticipation, alienation, sale, assignment, pledge, encumbrance, or charge, and any attempt to anticipate, alienate, sell, assign, pledge, encumber, or charge any right or benefit under this Plan or any SERP Agreement shall be void.
In consideration of such payment, the parties hereto agree that the SERP Agreement shall be terminated without any further action of any of the parties hereto on or before the date of such payment in accordance with the terms of the Merger Agreement.
Notwithstanding anything contained herein to the contrary, this Agreement does not supersede the SERP Agreement.
The Participant and his or her Beneficiary shall have only the right to receive benefits under and subject to the terms and provisions of the Plan and this SERP Agreement.
Section 2(a) of the SERP Agreement shall be amended and completely restated to read as follows: “If the Employee retires from employment with the Company on or after his sixty-fifth (65th) birthday, in addition to any other retirement benefits to which Employee may be entitled whether from the Company or otherwise, each month the Company shall pay to him a supplemental retirement income equal to his “Monthly Retirement Benefit” as defined below.
The Participant shall be deemed to have forfeited his or her right to any payments under the Plan and this SERP Agreement if his or her employment with the Bank terminates by reason of a Termination for Cause.
As a result, the Company incurred a charge of $8.9 million, as determined pursuant to Amendment No. 3 to the SERP Agreement, and the Company has no further obligations to the Chairman pursuant to the SERP Agreement (“SERP Termination”).
This SERP Agreement is entered into to evidence the Participant’s participation in the Plan and to set forth the basis for determining the amount of his or her benefit tinder the Plan.
This SERP Agreement contains the entire agreement and understanding of the Bank and the Participant with respect to supplemental retirement, survivor, termination and disability benefits and supersedes and replaces all prior agreements and understanding, written or oral, with respect thereto.
Provided that the Consultant consents to any amendment to the SERP Agreement that may be deemed necessary or appropriate by NewAlliance or NewAlliance Bank to comply with Section 409A of the Code, NewAlliance and NewAlliance Bank agree not to take any action, without the prior written consent of the Consultant, that would result in any penalty tax or interest being owed by the Consultant under Section 409A(a)(1)(B) of the Code with respect to the Consultant’s benefits under the SERP Agreement.