Common use of Alternative Action Clause in Contracts

Alternative Action. In the event it becomes impossible for the Employer or the Administrator to perform any act required by this Agreement due to regulatory or other constraints, the Employer or Administrator may perform such alternative act as most nearly carries out the intent and purpose of this Agreement and is in the best interests of the Employer, provided that such alternative act does not violate Code Section 409A.

Appears in 100 contracts

Sources: Deferred Compensation Agreement (Orrstown Financial Services Inc), Deferred Compensation Agreement (Acnb Corp), Salary Continuation Agreement (Community West Bancshares)

Alternative Action. In the event it becomes impossible for the Employer or the Administrator to perform any act required by this Agreement due to regulatory or other constraints, the Employer or Administrator may perform such alternative act as most nearly carries out the intent and purpose of this Agreement and is in the best interests of the Employer, provided that such alternative act does not violate Code Section 409A.409A,

Appears in 1 contract

Sources: Supplemental Executive Retirement Plan (Riverview Financial Corp)

Alternative Action. In the event it becomes impossible for the Employer or the Administrator to perform any act required by this Agreement due to regulatory or other constraints, the Employer or Administrator may perform such alternative act as most nearly carries out the intent and purpose of this Agreement and is in the best interests of the Employer, provided that such alternative act does not violate Code Section 409A.4-09A.

Appears in 1 contract

Sources: Supplemental Retirement Agreement (MidWestOne Financial Group, Inc.)

Alternative Action. In the event it becomes impossible for the Employer Company or the Administrator to perform any act required by this Agreement due to regulatory or other constraints, the Employer Company or Administrator may perform such alternative act as most nearly carries out the intent and purpose of this Agreement and is in the best interests of the EmployerCompany, provided that such alternative act does not violate Code Section 409A.

Appears in 1 contract

Sources: Supplemental Executive Retirement Agreement (MUNCY COLUMBIA FINANCIAL Corp)