Change in Form or Timing of Distributions. All changes in the form or timing of distributions hereunder must comply with the following requirements. The changes: (a) may not accelerate the time or schedule of any distribution, except as provided in Section 409A of the Code and the regulations thereunder; (b) must, for benefits distributable under Sections 2.1, 2.2, 2.3, 2.4 and 2.5, delay the commencement of distributions for a minimum of five (5) years from the date the first distribution was originally scheduled to be made; and (c) must take effect not less than twelve (12) months after the election is made.
Appears in 13 contracts
Sources: Employment Agreement (1st United Bancorp, Inc.), Employment Agreement (1st United Bancorp, Inc.), Employment Agreement (1st United Bancorp, Inc.)
Change in Form or Timing of Distributions. All changes in the form or timing of distributions hereunder must comply with the following requirements. The changes:
(a) may not accelerate the time or schedule of any distribution, except as provided in Section 409A of the Code and the regulations thereunder;
(b) must, for benefits distributable under Sections 2.1, 2.2, 2.2 and 2.3, 2.4 and 2.5, delay the commencement of distributions for a minimum of five (5) years from the date the first distribution was originally scheduled to be made; and,
(c) must take effect not less than twelve (12) months after the election is made.
Appears in 13 contracts
Sources: Salary Continuation Agreement (Acnb Corp), Salary Continuation Agreement (Acnb Corp), Salary Continuation Agreement (Acnb Corp)
Change in Form or Timing of Distributions. All changes in the form or timing of distributions hereunder must comply with the following requirements. The changes:
(a) may not accelerate the time or schedule of any distribution, except as provided in Section 409A of the Code and the regulations thereunder;
(b) must, for benefits distributable under Sections 2.1, 2.2, 2.3, 2.4 2.3 and 2.52.4, delay the commencement of distributions for a minimum of five (5) years from the date the first distribution was originally scheduled to be made; and
(c) must take effect not less than twelve (12) months after the election is made.
Appears in 13 contracts
Sources: Salary Continuation Agreement (Madison County Financial, Inc.), Salary Continuation Agreement (Madison County Financial, Inc.), Salary Continuation Agreement (Madison County Financial, Inc.)
Change in Form or Timing of Distributions. All changes in the form or timing of distributions hereunder must comply with the following requirements. The changes:
(a) may not accelerate the time or schedule of any distribution, except as provided in Section 409A of the Code and the any and all Treasury regulations and guidance promulgated thereunder;
(b) must, for benefits distributable under Sections 2.2, 2.3 and 2.4, be made at least twelve (12) months prior to the first scheduled distribution;
(c) must, for benefits distributable under Sections 2.1, 2.2, 2.3, 2.4 2.3 and 2.52.4, delay the commencement of distributions for a minimum of five (5) years from the date the first distribution was originally scheduled to be made; and
(cd) must take effect not less than twelve (12) months after the election is made.
6. Article 7 of the Agreement shall be deleted in its entirety and replaced by the following:
Appears in 13 contracts
Sources: Director Retirement Agreement (United Security Bancshares Inc), Director Retirement Agreement (United Security Bancshares Inc), Director Retirement Agreement (United Security Bancshares Inc)
Change in Form or Timing of Distributions. All changes in the form or timing of distributions hereunder must comply with the following requirements. The changes:
(a) may not accelerate the time or schedule of any distribution, except as provided in Section 409A of the Code and the regulations thereunder;
(b) must, for benefits distributable under Sections 2.1, 2.2, 2.3, 2.4 2.2 and 2.52.4, delay the commencement of distributions for a minimum of five (5) years from the date the first distribution was originally scheduled to be made; and
(c) must take effect not less than twelve (12) months after the election is made.
Appears in 11 contracts
Sources: Salary Continuation Agreement (Community Capital Corp /Sc/), Salary Continuation Agreement (Community Capital Corp /Sc/), Salary Continuation Agreement (Community Capital Corp /Sc/)
Change in Form or Timing of Distributions. All changes in the form or timing of distributions hereunder must comply with the following requirements. The changes:
(a) may not accelerate the time or schedule of any distribution, except as provided in Section 409A of the Code and the regulations thereunder;
(b) must, for benefits distributable under Sections 2.14.1, 2.24.2, 2.3, 2.4 4.3 and 2.54.4, delay the commencement of distributions for a minimum of five (5) years from the date the first distribution was originally scheduled to be made; and
(c) must take effect not less than twelve (12) months after the election is made.
Appears in 10 contracts
Sources: Director Deferred Fee Agreement (Madison County Financial, Inc.), Director Deferred Fee Agreement (Madison County Financial, Inc.), Director Deferred Fee Agreement (Madison County Financial, Inc.)
Change in Form or Timing of Distributions. All changes in the form or timing of distributions hereunder must comply with the following requirements. The changes:
(a) may not accelerate the time or schedule of any distribution, except as provided in Section 409A of the Code and the regulations thereunder;
(b) must, for benefits distributable under Sections 2.2 and 2.4, be made at least twelve (12) months prior to the first scheduled distribution;
(c) must, for benefits distributable under Sections 2.1, 2.2, 2.3, 2.4 2.3 and 2.52.4, delay the commencement of distributions for a minimum of five (5) years from the date the first distribution was originally scheduled to be made; and
(cd) must take effect not less than twelve (12) months after the election is made.
Appears in 8 contracts
Sources: Director Retirement Agreement (Orrstown Financial Services Inc), Director Retirement Agreement (Orrstown Financial Services Inc), Director Retirement Agreement (Orrstown Financial Services Inc)
Change in Form or Timing of Distributions. All changes in the form or timing of distributions hereunder must comply with the following requirements. The changes:
(a) may not accelerate the time or schedule of any distribution, except as provided in Section 409A of the Code and the regulations thereunder;
(b) must, for benefits distributable under Sections 2.1 and 2.3, be made at least twelve (12) months prior to the first scheduled distribution;
(c) must, for benefits distributable under Sections 2.1, 2.2, 2.3, 2.4 2.3 and 2.52.4, delay the commencement of distributions for a minimum of five (5) years from the date the first distribution was originally scheduled to be made; and
(cd) must take effect not less than twelve (12) months after the election is made.
Appears in 6 contracts
Sources: Supplemental Executive Retirement Agreement (Two River Bancorp), Supplemental Executive Retirement Agreement (Community Partners Bancorp), Supplemental Executive Retirement Agreement (Community Partners Bancorp)
Change in Form or Timing of Distributions. All changes in the form or timing of distributions hereunder must comply with the following requirements. The changes:
(a) may not accelerate the time or schedule of any distribution, except as provided in Code Section 409A of the Code and the regulations thereunder;
(b) must, for benefits distributable under Section 4.1, be made at least twelve (12) months prior to the first scheduled distribution;
(c) must, for benefits distributable under Sections 2.14.1, 2.2, 2.3, 2.4 4.2 and 2.54.4, delay the commencement of distributions for a minimum of five (5) years from the date the first distribution was originally scheduled to be made; and
(cd) must take effect not less than twelve (12) months after the election is made.
Appears in 5 contracts
Sources: Phantom Stock Appreciation Rights Agreement (Kinderhook Bank Corp), Phantom Stock Appreciation Rights Agreement (Kinderhook Bank Corp), Phantom Stock Appreciation Rights Agreement (Kinderhook Bank Corp)
Change in Form or Timing of Distributions. All changes in the form or timing of distributions hereunder must comply with the following requirements. The changes:
(a) may not accelerate the time or schedule of any distribution, except as provided in Section 409A of the Code and the regulations thereunder;
(b) must, for benefits distributable under Sections 2.1, 2.2, 2.3, 2.4 and 2.5Section 4.1, delay the commencement of distributions for a minimum of five (5) years from the date the first distribution was originally scheduled to be made; and
(c) must take effect not less than twelve (12) months after the election is made.
Appears in 4 contracts
Sources: Director Deferred Compensation Agreement (First Farmers & Merchants Corp), Director Deferred Compensation Agreement (First Farmers & Merchants Corp), Director Deferred Compensation Agreement (First Farmers & Merchants Corp)
Change in Form or Timing of Distributions. All changes in the form or timing of distributions hereunder must comply with the following requirements. The changes:
(a) may not accelerate the time or schedule of any distribution, except as provided in Section 409A of the Code and the regulations thereunder;
(b) must, for benefits distributable under Sections 2.1, 2.2, 2.3, 2.4 3.1 and 2.53.2, delay the commencement of distributions for a minimum of five (5) years from the date the first distribution was originally scheduled to be made; and
(c) must take effect not less than twelve (12) months after the election is made.
Appears in 3 contracts
Sources: Director Revenue Neutral Retirement Agreement (First Community Financial Corp), Director Revenue Neutral Retirement Agreement (First Community Financial Corp), Director Revenue Neutral Retirement Agreement (First Community Financial Corp)
Change in Form or Timing of Distributions. All changes in the form or timing of distributions hereunder must comply with the following requirements. The changes:
(a) may not accelerate the time or schedule of any distribution, except as provided in Section 409A of the Code and the regulations thereunder;
(b) must, for benefits distributable under Sections 2.1, 2.2, 2.3, 2.4 2.3 and 2.52.4, delay the commencement of distributions for a minimum of five (5) years from the date the first distribution was originally scheduled to be made; and;
(c) must take effect not less than twelve (12) months after the election is made; and
(d) must be made not less than twelve (12) months before the date that the payment of the first distribution was originally scheduled to be made.
Appears in 3 contracts
Sources: Salary Continuation Agreement (Consumers Bancorp Inc /Oh/), Salary Continuation Agreement (Consumers Bancorp Inc /Oh/), Salary Continuation Agreement (Consumers Bancorp Inc /Oh/)
Change in Form or Timing of Distributions. All changes in the form or timing of distributions hereunder must comply with the following requirements. The changes:
(a) may not accelerate the time or schedule of any distribution, except as provided in Section 409A of the Code and the regulations thereunder;
(b) must, for benefits distributable under Section 4.2, be made at least twelve (12) months prior to the first scheduled distribution;
(c) must, for benefits distributable under Sections 2.14.1, 2.2, 2.3, 2.4 4.2 and 2.54.4, delay the commencement of distributions for a minimum of five (5) years from the date the first distribution was originally scheduled to be made; and
(cd) must take effect not less than twelve (12) months after the election is made.
Appears in 3 contracts
Sources: Director Deferred Fee Agreement (First Community Financial Corp), Director Deferred Fee Agreement (First Community Financial Corp), Director Deferred Fee Agreement (Tib Financial Corp.)
Change in Form or Timing of Distributions. All changes in the form or timing of distributions hereunder must comply with the following requirements. The changes:
(a) may not accelerate the time or schedule of any distribution, except as provided in Section 409A of the Code and the regulations thereunder;
(b) must, for benefits distributable under Sections 2.1Section 4.1, 2.2be made at least twelve (12) months prior to the first scheduled distribution;
(c) must, 2.3, 2.4 for benefits distributable under Section 4.1 and 2.54.2, delay the commencement of distributions for a minimum of five (5) years from the date the first distribution was originally scheduled to be made; and
(cd) must take effect not less than twelve (12) months after the election is made.
Appears in 3 contracts
Sources: Director Deferred Fee Agreement (Home Federal Bancorp), Director Deferred Fee Agreement (Home Federal Bancorp), Director Deferred Fee Agreement (Home Federal Bancorp)
Change in Form or Timing of Distributions. All changes in the form or timing of distributions hereunder must comply with the following requirements. The changes:
(a) may not accelerate the time or schedule of any distribution, except as provided in Code Section 409A of the Code and the regulations thereunder;
(b) must, for benefits distributable under Sections 2.2 and 2.3, be made at least twelve (12) months prior to the first scheduled distribution;
(c) must, for benefits distributable under Sections 2.1, 2.2, 2.3, 2.4 2.3 and 2.52.4, delay the commencement of distributions for a minimum of five (5) years from the date the first distribution was originally scheduled to be made; and
(cd) must take effect not less than twelve (12) months after the election is made.
Appears in 3 contracts
Sources: Salary Continuation Agreement (Old Line Bancshares Inc), Salary Continuation Agreement (Old Line Bancshares Inc), Salary Continuation Agreement (Old Line Bancshares Inc)
Change in Form or Timing of Distributions. All changes in the form or timing of distributions hereunder must comply with the following requirements. The changes:
(a) may not accelerate the time or schedule of any distribution, except as provided in Code Section 409A of the Code and the regulations thereunder;
(b) must, for benefits distributable under Sections 2.1, 2.2 and 2.3, be made at least twelve (12) months prior to the first scheduled distribution;
(c) must, for benefits distributable under Sections 2.1, 2.2, 2.3, 2.4 2.3 and 2.52.4, delay the commencement of distributions for a minimum of five (5) years from the date the first distribution was originally scheduled to be made; and
(cd) must take effect not less than twelve (12) months after the election is made.
Appears in 3 contracts
Sources: Salary Continuation Agreement (National Bankshares Inc), Salary Continuation Agreement (National Bankshares Inc), Salary Continuation Agreement (National Bankshares Inc)
Change in Form or Timing of Distributions. All changes in the form or timing of distributions hereunder must comply with the following requirements. The changes:
(a) may not accelerate the time or schedule of any distribution, except as provided in Section 409A of the Code and the regulations thereunder;
(b) must, for benefits distributable under Section 2.1, be made at least twelve (12) months prior to the first scheduled distribution;
(c) must, for benefits distributable under Sections 2.1, 2.2, 2.3, 2.4 2.3 and 2.52.4, delay the commencement of distributions for a minimum of five (5) years from the date the first distribution was originally scheduled to be made; and
(cd) must take effect not less than twelve (12) months after the election is made.
Appears in 3 contracts
Sources: Supplemental Executive Retirement Agreement (Mifflinburg Bancorp Inc), Salary Continuation Agreement (Consumers Bancorp Inc /Oh/), Director Retirement Plan Agreement (Malvern Federal Bancorp Inc)
Change in Form or Timing of Distributions. All changes in the form or timing of distributions hereunder must comply with the following requirements. The changes:
(a) may not accelerate the time or schedule of any distribution, except as provided in Code Section 409A of the Code and the regulations thereunder;
(b) must, for benefits distributable under Sections 2.1, 2.2, 2.3, 2.4 4.1 and 2.54.2, delay the commencement of distributions for a minimum of five (5) years from the date the first distribution was originally scheduled to be made; and
(c) must take effect not less than twelve (12) months after the election is made.
Appears in 2 contracts
Sources: Executive Deferred Compensation Agreement (Ohio Valley Banc Corp), Executive Deferred Compensation Agreement (Ohio Valley Banc Corp)
Change in Form or Timing of Distributions. All changes in the form or timing of distributions hereunder must comply with the following requirements. The changes:
(a) may not accelerate the time or schedule of any distribution, except as provided in Section 409A of the Code and the regulations thereunder;
(b) must, for benefits distributable under Section 2.4, be made at least twelve (12) months prior to the first scheduled distribution;
(c) must, for benefits distributable under Sections 2.1, 2.2, 2.3, 2.4 2.2 and 2.5, delay the commencement of distributions for a minimum of five (5) years from the date the first distribution was originally scheduled to be made; and
(cd) must take effect not less than twelve (12) months after the election is made.
Appears in 2 contracts
Sources: Salary Continuation Agreement (Juniata Valley Financial Corp), Salary Continuation Agreement (Juniata Valley Financial Corp)
Change in Form or Timing of Distributions. All changes in the form or timing of distributions hereunder must comply with the following requirements. The changes:
(a) may not accelerate the time or schedule of any distribution, except as provided in Section 409A of the Code and the regulations thereunder;
(b) must, for benefits distributable under Sections 2.1, 2.2, 2.3, 2.4 and 2.5distributable, delay the commencement of distributions for a minimum of five (5) years from the date the first distribution was originally scheduled to be made; and
(c) must take effect not less than twelve (12) months after the election is made.
Appears in 2 contracts
Sources: Supplemental Executive Retirement Agreement (MBT Financial Corp), Supplemental Executive Retirement Agreement (MBT Financial Corp)
Change in Form or Timing of Distributions. All changes in the form or timing of distributions hereunder must comply with the following requirements. The changes:
(a) may not accelerate the time or schedule of any distribution, except as provided in Section 409A of the Code and the regulations thereunder;
(b) must, for benefits distributable under Sections 2.1, Section 2.2, 2.3be made at least twelve (12) months prior to the first scheduled distribution;
(c) must, 2.4 for benefits distributable under Sections 2.1 and 2.52.2, delay the commencement of distributions for a minimum of five (5) years from the date the first distribution was originally scheduled to be made; and
(cd) must take effect not less than twelve (12) months after the election is made.
Appears in 2 contracts
Sources: Supplemental Executive Retirement Agreement (BCSB Bancorp Inc.), Supplemental Executive Retirement Agreement (BCSB Bancorp Inc.)
Change in Form or Timing of Distributions. All changes in the form or timing of distributions hereunder must comply with the following requirements. The changes:
(a) may not accelerate the time or schedule of any distribution, except as provided in Code Section 409A of the Code and the regulations thereunder;
(b) must, for benefits distributable under Sections 2.13.1, 2.23.2, 2.33.4(a), 2.4 3.4(b) and 2.53.4(c), delay the commencement of distributions for a minimum of five (5) years from the date the first distribution was originally scheduled to be made; and
(c) must take effect not less than twelve (12) months after the election is made.
Appears in 2 contracts
Sources: Executive Employee Salary Continuation Agreement (Mercantile Bancorp, Inc.), Executive Employee Salary Continuation Agreement (Mercantile Bancorp, Inc.)
Change in Form or Timing of Distributions. All changes in the form or timing of distributions hereunder must comply with the following requirements. The changes:
(a) may not accelerate the time or schedule of any distribution, except as provided in Code Section 409A of the Code and the regulations thereunder;
(b) must, for benefits distributable under Sections 2.14.1.2 and 4.3.2(b), 2.2be made at least twelve (12) months prior to the first scheduled distribution; must, 2.3for
(c) benefits distributable under Sections 4.1.2, 2.4 4.2.2, 4.3.2(a) and 2.54.3.2(b), delay the commencement of distributions for a minimum of five (5) years from the date the first distribution was originally scheduled to be made; and
(c) and must take effect not less than twelve (12) months after the election is is
(d) made.
Appears in 2 contracts
Sources: Phantom Stock Appreciation Rights Agreement (Standard Financial Corp.), Phantom Stock Appreciation Rights Agreement (Standard Financial Corp.)
Change in Form or Timing of Distributions. All Any changes in the form or timing of distributions hereunder must comply with the following requirements. The changes:
(a) may not accelerate the time or schedule of any distribution, except as provided in Section 409A of the Code and the regulations thereunderthere under;
(b) must, for benefits distributable under Sections 2.1, 2.2, 2.32.3 and 2.4, 2.4 be made at least twelve (12) months prior to the first scheduled distribution;
(c) must, for benefits distributable under Sections 2.1, 2.2, 2.3 and 2.52.4, delay the commencement of distributions for a minimum of five (5) years from the date the first distribution was originally scheduled to be made; and
(cd) must take effect not less than twelve (12) months after the election is made.
Appears in 2 contracts
Sources: Supplemental Executive Retirement Plan (Fraternity Community Bancorp Inc), Supplemental Executive Retirement Plan (Fraternity Community Bancorp Inc)
Change in Form or Timing of Distributions. All changes in the form or timing of distributions hereunder must comply with the following requirements. The changes:
(a) may must not accelerate the time or schedule of any distribution, except as provided in Section 409A of the Code and the regulations thereunder;
(b) must, for benefits distributable under Section 2.2 and 2.4, be made at least twelve (12) months prior to the first scheduled distribution;
(c) must, for benefits distributable under Sections 2.1, 2.2, 2.3, 2.4 and 2.52.4, delay the commencement of the distributions for a minimum of five (5) years from the date the first distribution was originally scheduled to be made; and
(cd) must take effect not less than twelve (12) months after the election is made.
Appears in 2 contracts
Sources: Salary Continuation Agreement (Home Federal Bancorp, Inc.), Salary Continuation Agreement (Home Federal Bancorp, Inc.)
Change in Form or Timing of Distributions. All changes in the form or timing of distributions hereunder must comply with the following requirements. The changes:
(a) may not accelerate the time or schedule of any distribution, except as provided in Section 409A of the Code and the regulations thereunder;
(b) must, for benefits distributable under Sections 2.2 and 2.3, be made at least twelve (12) months prior to the first scheduled distribution;
(c) must, for benefits distributable under Sections 2.1, 2.2, 2.3, 2.4 2.3 and 2.52.4, delay the commencement of distributions for a minimum of five (5) years from the date the first distribution was originally scheduled to be made; and
(cd) must take effect not less than twelve (12) months after the election is made.
Appears in 2 contracts
Sources: Salary Continuation Agreement (First Community Financial Corp), Salary Continuation Agreement (First Community Financial Corp)
Change in Form or Timing of Distributions. All changes in the form or timing of distributions hereunder must comply with the following requirements. The changes:
(a) may not accelerate the time or schedule of any distribution, except as provided in Code Section 409A of the Code and the regulations thereunder;
(b) must, for benefits distributable under Sections 2.1 and 2.2, be made at least twelve (12) months prior to the first scheduled distribution;
(c) must, for benefits distributable under Sections 2.1, 2.2, 2.3, 2.4 2.2 and 2.52.4, delay the commencement of distributions for a minimum of five (5) years from the date the first distribution was originally scheduled to be made; and
(cd) must take effect not less than twelve (12) months after the election is made.
Appears in 1 contract
Sources: Director Retirement Agreement (Beach First National Bancshares Inc)
Change in Form or Timing of Distributions. All changes in the form or timing of distributions hereunder must comply with the following requirements. The changes:
(a) may not accelerate must, for benefits distributable under Sections 4.1 and 4.2, be made at least twelve (12) months prior to the time or schedule of any first scheduled distribution, except as provided in Section 409A of the Code and the regulations thereunder;
(b) must, for benefits distributable under Sections 2.14.1, 2.2, 2.3, 2.4 4.2 and 2.54.3, delay the commencement of distributions for a minimum of five (5) years from the date the first distribution was originally scheduled to be made; and
(c) must take effect not less than twelve (12) months after the election is made.
Appears in 1 contract
Sources: Executive Deferred Compensation Agreement (Green Bankshares, Inc.)
Change in Form or Timing of Distributions. All changes in the form or timing of distributions hereunder must comply with the following requirements. The changes:
(a) may not accelerate the time or schedule of any distribution, except as provided in Section section 409A of the Code and the regulations thereunder;
(b) must, for benefits distributable under Sections 2.1, 2.2, 2.3, 2.4 and 2.5, must be elected at least twelve (12) months prior to the first scheduled distribution;
(c) must delay the commencement of distributions due to Normal Retirement or Early Retirement for a minimum of five (5) years from the date the first distribution was originally scheduled to be made; and
(cd) must take effect not less than twelve (12) months after the election is made.
Appears in 1 contract
Sources: Supplemental Salary Continuation Plan Agreement (Tennessee Commerce Bancorp, Inc.)
Change in Form or Timing of Distributions. All changes in the form or timing of distributions hereunder must comply with the following requirements. The changes:
(a) may not accelerate the time or schedule of any distribution, except as provided in Section 409A of the Code and the regulations thereunder;
(b) must, for benefits distributable under Sections 2.1 and 2.3, be made at least twelve (12) months prior to the first scheduled distribution;
(c) must, for benefits distributable under Sections 2.1, 2.2, 2.3, 2.4 2.2 and 2.52.4, delay the commencement of distributions for a minimum of five (5) years from the date the first distribution was originally scheduled to be made; and
(cd) must take effect not less than twelve (12) months after the election is made.
Section 8.3 of the Agreement shall be deleted in its entirety and replaced by the following:
Appears in 1 contract
Sources: Supplemental Executive Retirement Agreement (Mifflinburg Bancorp Inc)
Change in Form or Timing of Distributions. All changes in the form or timing of distributions hereunder must comply with the following requirements. The changes:
(ag) may not accelerate the time or schedule of any distribution, except as provided in Section 409A of the Code and the regulations thereunder;
(bh) must, for benefits distributable under Sections 2.1, 2.2, 2.3, 2.4 2.3 and 2.52.4, delay the commencement of distributions for a minimum of five (5) years from the date the first distribution was originally scheduled to be made; and
(ci) must take effect not less than twelve (12) months after the election is made.
Appears in 1 contract
Sources: Supplemental Executive Retirement Plan Agreement (Capital Bancorp Inc)
Change in Form or Timing of Distributions. All changes in the form form, or timing of distributions hereunder here under must comply with the following requirements. The changes:
(a) may not accelerate the time or schedule of any distribution, except as provided in Section 409A of the Code and the regulations thereunder;
(b) must, for benefits distributable under Sections 2.1, 2.2, 2.3, 2.4 and 2.52.4, delay the commencement of distributions for a minimum of five (5) years from the date the first distribution was originally scheduled to be made; and
(c) must take effect not less than twelve (12) months after the election is made.
Appears in 1 contract
Sources: Salary Continuation Agreement (Fidelity Federal Bancorp)
Change in Form or Timing of Distributions. All changes in the form or timing of distributions hereunder must comply with the following requirements. The changes:
(a) may not accelerate the time or schedule of any distribution, except as provided in Section 409A of the Code and the regulations thereunder;
(b) must, for benefits distributable under Sections 2.1, 2.2, 2.3, 2.4 2.3 and 2.52.4, delay the commencement of distributions for a minimum of five (5) years from the date the first distribution was originally scheduled to be made; and
(c) must take effect not less than twelve (12) months after the election is made.
Appears in 1 contract
Sources: Salary Continuation Agreement (Eagle Bancorp Montana, Inc.)
Change in Form or Timing of Distributions. All changes in the form or timing of distributions hereunder must comply with the following requirements. The These changes:
(a) may not accelerate the time or schedule of any distribution, except as provided in Section 409A of the Code and the regulations thereunder;
(b) must, for benefits distributable under Sections 2.14.1, 2.24.2, 2.3, 2.4 4.3 and 2.54.4, delay the commencement of distributions for a minimum of five (5) years from the date the first distribution was originally scheduled to be made; and
(c) must take effect not less than twelve (12) months after the election is made.
Appears in 1 contract
Sources: Director Deferred Fee Agreement (Madison County Financial, Inc.)
Change in Form or Timing of Distributions. All changes in the form or of timing of distributions hereunder must comply with the following requirements. The changes:
(a) may not accelerate the time or schedule of any distributiondistributions, except as provided in Section 409A of the Code and the regulations thereunder;
(b) must, for benefits distributable under Sections 2.1, 2.2, 2.2 and 2.3, 2.4 and 2.5, delay the commencement of distributions for a minimum of five (5) years from the date the first distribution was originally scheduled to be made; and
(c) must take effect not less than twelve (12) months after the election is made.
Appears in 1 contract
Sources: Salary Continuation Agreement (United Bancshares Inc/Oh)
Change in Form or Timing of Distributions. All changes in the form or timing of distributions hereunder must comply with the following requirements. The changes:
(a) may not accelerate the time or schedule of any distribution, except as provided in Code Section 409A of the Code and the regulations thereunder;
(b) must, for benefits distributable under Sections 2.1, 2.2, 2.3, 2.4 and 2.5Section 8, delay the commencement of distributions for a minimum of five (5) years from the date the first distribution was originally scheduled to be made; and
(c) must take effect not less than twelve (12) months after the election is made.
Appears in 1 contract
Change in Form or Timing of Distributions. All changes in the form or timing of distributions hereunder must comply with the following requirements. The changes:
(a) may not accelerate the time or schedule of any distribution, except as provided in Code Section 409A of the Code and the regulations thereunder;
(b) must, for benefits distributable under Sections 2.13.1, 2.23.2, 2.33.3, 2.4 3.5(a) and 2.53.5(b), delay the commencement of distributions for a minimum of five (5) years from the date the first distribution was originally scheduled to be made; and
(c) must take effect not less than twelve (12) months after the election is made.
Appears in 1 contract
Sources: Executive Employee Salary Continuation Agreement (Choiceone Financial Services Inc)
Change in Form or Timing of Distributions. All changes in the form or timing of distributions hereunder must comply with the following requirements. The changes:
(a) may not accelerate the time or schedule of any distribution, except as provided in Code Section 409A of the Code and the regulations thereunder;
(b) must, for benefits distributable under Sections 2.1, 2.2, 2.2 and 2.3, 2.4 be made at least twelve (12) months prior to the first scheduled distribution;
(c) must, for benefits distributable under Sections 2.1, 2.2 and 2.52.4, delay the commencement of distributions for a minimum of five (5) years from the date the first distribution was originally scheduled to be made; and
(cd) must take effect not less than twelve (12) months after the election is made.
Appears in 1 contract
Sources: Salary Continuation Agreement (National Bankshares Inc)
Change in Form or Timing of Distributions. All changes in the form or timing of distributions hereunder must comply with the following requirements. The changes:
(a) may not accelerate the time or schedule of any distribution, except as provided in Section 409A of the Code and the regulations thereunder;
(b) must, for benefits distributable under Sections 2.2 and 2.3, be made at least twelve (12) months prior to the first scheduled distribution;
(c) must, for benefits distributable under Sections 2.1, 2.2, 2.3, 2.4 2.2 and 2.5, 2.3 delay the commencement of distributions for a minimum of five (5) years from the date the first distribution was originally scheduled to be made; and
(cd) must take effect not less than twelve (12) months after the election is made.
Appears in 1 contract
Sources: Supplemental Executive Retirement Plan Agreement (Lakeland Bancorp Inc)
Change in Form or Timing of Distributions. All changes in the form or timing of distributions hereunder must comply with the following requirements. The changes:
(a) may not accelerate the time or schedule of any distribution, except as provided in Code Section 409A of the Code and the regulations thereunder;
(b) must, for benefits distributable under Sections 2.2 and 2.3, be made at least twelve (12) months prior to the first scheduled distribution;
(c) must, for benefits distributable under Sections 2.1, 2.2, 2.3, 2.4 2.2 and 2.52.4, delay the commencement of distributions for a minimum of five (5) years from the date the first distribution was originally scheduled to be made; and
(cd) must take effect not less than twelve (12) months after the election is made.
Appears in 1 contract
Sources: Salary Continuation Agreement (Beach First National Bancshares Inc)
Change in Form or Timing of Distributions. All changes in the form or timing of distributions hereunder must comply with the following requirements. The changes:
(a) may not accelerate the time or schedule of any distribution, except as provided in Section 409A of the Code and the regulations thereunder;
(b) must, for benefits distributable under Sections 2.14.1, 2.24.2, 2.34.3, 2.4 4.4 and 2.57.1, delay the commencement of distributions for a minimum of five (5) years from the date the first distribution was originally scheduled to be made; and
(c) must take effect not less than twelve (12) months after the election is made.
Section 5.1. 2 of the Agreement shall be deleted in its entirety and replaced by the following:
Appears in 1 contract
Sources: Executive Deferred Compensation Agreement (Coastal Banking Co Inc)
Change in Form or Timing of Distributions. All changes in the form or timing of distributions hereunder must comply with the following requirements. The changes:
(a) : may not accelerate the time or schedule of any distribution, except as provided in Section 409A of the Code and the regulations thereunder;
; must for, benefits distributable under Section 2.2, be made at least twelve (b12) must, months prior to the first scheduled distribution; must for benefits distributable under Sections 2.1, 2.2, 2.3, 2.4 and 2.5, Section 2.2 delay the commencement of distributions for a minimum of five (5) years from the date the first distribution was originally scheduled to be made; and
(c) and must take effect not less than twelve (12) months after the election is made.
Appears in 1 contract
Sources: Imputed Income Tax Reimbursement Agreement (First Citizens Bancshares Inc /Tn/)
Change in Form or Timing of Distributions. All changes in the form or timing of distributions hereunder must comply with the following requirements. The changes:
(a) may not accelerate the time or schedule of any distribution, except as provided in Section 409A of the Code and the regulations thereunder;
(b) must, for benefits distributable under Sections 2.13.1, 2.23.2, 2.3, 2.4 3.4 and 2.5, 3.5 delay the commencement of distributions for a minimum of five (5) years from the date the first distribution was originally scheduled to be made; and
(c) must take effect not less than twelve (12) months after the election is made.
Appears in 1 contract
Sources: Supplemental Executive Retirement Income Agreement (Home Federal Bancorp)
Change in Form or Timing of Distributions. All changes in the form or timing of distributions hereunder must comply with the following requirements. The changes:
(a) may not accelerate the time or schedule of any distribution, except as provided in Code Section 409A of the Code and the regulations thereunder;; -9-
(b) must, for benefits distributable under Sections 2.13.1, 2.23.2, 2.33.3, 2.4 3.5(a) and 2.53.5(b), delay the commencement of distributions for a minimum of five (5) years from the date the first distribution was originally scheduled to be made; and
(c) must take effect not less than twelve (12) months after the election is made.
Appears in 1 contract
Sources: Executive Employee Salary Continuation Agreement (Choiceone Financial Services Inc)
Change in Form or Timing of Distributions. All changes in the form or timing of distributions hereunder must comply with the following requirements. The changes:
(a) may not accelerate the time or schedule of any distribution, except as provided in Section section 409A of the Code and the regulations thereunder;
(b) must, for benefits distributable under Sections 2.1, 2.2, 2.32.3 and 2.4, 2.4 be made at least twelve (12) months prior to the first scheduled distribution;
(c) must, for benefits distributable under Sections 2.1, 2.2, 2.3 and 2.52.4, delay the commencement of distributions for a minimum of five (5) years from the date the first distribution was originally scheduled to be made; and
(cd) must take effect not less than twelve (12) months after the election is made.
Appears in 1 contract
Sources: Salary Continuation Plan (Tennessee Commerce Bancorp, Inc.)
Change in Form or Timing of Distributions. All changes in the form or timing of distributions hereunder must comply with the following requirements. The changes:
: (a) may not accelerate the time or schedule of any distribution, except as provided in Code Section 409A of the Code and the regulations thereunder;
; (b) must, for benefits distributable under Sections 2.1, 2.2, 2.3, 2.4 4.1 and 2.54.2, delay the commencement of distributions for a minimum of five (5) years from the date the first distribution was originally scheduled to be made; and
and (c) must take effect not less than twelve (12) months after the election is made.
Appears in 1 contract
Sources: Executive Deferred Compensation Agreement (Ohio Valley Banc Corp)
Change in Form or Timing of Distributions. All changes in the form or timing of distributions hereunder must comply with the following requirements. The changes:
(a) may not accelerate the time or schedule of any distribution, except as provided in Section 409A of the Code Cede and the regulations thereunder;
(b) must, for benefits distributable under Section 2.2, 2.3 and 2.4, be made at least twelve (12) months prior to the first scheduled distribution;
(c) must, for benefits distributable under Sections 2.1, 2.2, 2.3, 2.4 2.3 and 2.52.4, delay the commencement of distributions for a minimum of five (5) years from the date the first distribution was originally scheduled to be made; and
(cd) must take effect not less than twelve (12) months after the election is made.
Appears in 1 contract
Sources: Salary Continuation Agreement (Synovus Financial Corp)
Change in Form or Timing of Distributions. All changes in the form or of timing of distributions hereunder must comply with the following requirements. The changes:
(a) may not accelerate the time or schedule of any distributiondistributions, except as provided in Section 409A of the Code and the regulations thereunder;
(b) must, for benefits distributable under Sections 2.1, 2.2, 2.3, 2.4 2.3 and 2.52.4, delay the commencement of distributions for a minimum of five (5) years from the date the first distribution was originally scheduled to be made; and
(c) must take effect not less than twelve (12) months after the election is made.
Appears in 1 contract
Sources: Salary Continuation Agreement (United Bancshares Inc/Oh)
Change in Form or Timing of Distributions. All changes in the form or timing of distributions hereunder must comply with the following requirements. The changes:
(a) may not accelerate the time or schedule of any distribution, except as provided in Section 409A of the Code and the regulations thereunder;
(b) must, for benefits distributable under Sections 2.1, 2.2, 2.3, 2.4 2.3 and 2.52.4, delay the commencement of distributions for a minimum of five (5) years from the date the first distribution was originally scheduled to be made; and
(c) must take effect not less than twelve (12) months after the election is made.
Appears in 1 contract
Sources: Salary Continuation Agreement (Eagle Bancorp Montana, Inc.)
Change in Form or Timing of Distributions. All changes in the form or timing of distributions hereunder must comply with the following requirements. The changes:
(a) may not accelerate the time or schedule of any distribution, except as provided in Section 409A of the Code and the regulations thereunder;
(b) must, for benefits distributable under Sections 2.1, 2.2, 2.2 and 2.3, 2.4 and 2.5, delay the commencement of distributions for a minimum of five (5) years from the date the first distribution was originally scheduled to be made; and
(c) must take effect not less than twelve (12) months after the election is made.
Section 5.1 of the Agreement shall be deleted in its entirety and replaced by the following:
Appears in 1 contract
Sources: Salary Continuation Agreement (Westbury Bancorp, Inc.)
Change in Form or Timing of Distributions. All changes in the form or timing of distributions hereunder must comply with the following requirements. The changes:
(a) may not accelerate the time or schedule of any distribution, except as provided in Section 409A of the Code and the regulations thereunder;
(b) must, for benefits distributable under Sections 2.1, 2.1 and 2.2, 2.3, 2.4 and 2.5, delay the commencement of distributions for a minimum of five (5) years from the date the first distribution was originally scheduled to be made; and
(c) must take effect not less than twelve (12) months after the election is made.
Appears in 1 contract
Sources: Supplemental Executive Retirement Agreement (Home Federal Bancorp)
Change in Form or Timing of Distributions. All changes in the form or timing of distributions hereunder must comply with the following requirements. The changes:
(a) may not accelerate the time or schedule of any distribution, except as provided in Section 409A of the Code and the regulations thereunder;; HARVARD SAVINGS BANK Deferred Fee Agreement
(b) must, for benefits distributable under Sections 2.14.1, 2.24.2, 2.3, 2.4 4.3 and 2.54.4, delay the commencement of distributions for a minimum of five (5) years from form the date the first distribution was originally scheduled to be made; and
(c) must take effect not less than twelve (12) months after the election is made.
Appears in 1 contract
Sources: Deferred Fee Agreement (Harvard Illinois Bancorp, Inc.)