Common use of Amendment or Plan Termination Clause in Contracts

Amendment or Plan Termination. The Bank intends this Agreement to be permanent, but reserves the right to amend or terminate the Agreement when, in the sole opinion of the Bank, such amendment or termination is advisable. However, any termination of the Agreement which is done in anticipation of or pursuant to a “Change in Control”, as defined in Subsection 5.2, shall be deemed to trigger Subsections 5.1 and 2.1(b)(3) (or 2.1(c)(3), as applicable) of the Agreement, and benefit(s) shall be paid from the Retirement Income Trust Fund (and Accrued Benefit Account, if applicable) in accordance with such Subsections. Any amendment or termination of the Agreement shall be made pursuant to a resolution of the Board of Directors of the Bank and shall be effective as of the date of such resolution. No amendment or termination of the Agreement shall directly or indirectly deprive the Executive of all or any portion of the Executive’s Retirement Income Trust Fund (and Accrued Benefit Account, if applicable) as of the effective date of the resolution amending or terminating the Agreement. Notwithstanding the foregoing, if an individual Executive’s agreement is subject to Code Section 409A, the Bank may terminate this Agreement only under the following circumstances and conditions:

Appears in 4 contracts

Samples: Supplemental Retirement Income Agreement (Oceanfirst Financial Corp), Supplemental Retirement Income Agreement (Oceanfirst Financial Corp), Supplemental Retirement Income Agreement (Oceanfirst Financial Corp)

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Amendment or Plan Termination. The Bank intends this Agreement to be permanent, but reserves the right to amend or terminate the Agreement when, in the sole opinion of the Bank, when such amendment or termination is advisablerequired due to objection to the plan by the Bank's regulatory authorities, or in the event of a change in existing federal income tax laws which would cause this plan to create adverse tax consequences to the Bank and/or participants in the plan. However, any termination of the Agreement which is done in anticipation of or pursuant to a "Change in Control", as defined in Subsection 5.21.9, shall be deemed to trigger Subsections 5.1 and 2.1(b)(3Subsection 2.1(b)(2) (or 2.1(c)(32.1(c)(2), as applicable) of the AgreementAgreement notwithstanding the Executive's continued employment, and benefit(s) shall be paid from the Retirement Income Trust Fund (and Accrued Benefit Account, if applicable) in accordance with such SubsectionsSubsection 13.2 below and with Subsections 2.1(b)(2) (or 2.1(c)(2), as applicable). Any amendment or termination of the Agreement shall be made pursuant to a resolution of the Board of Directors of the Bank and shall be effective as of the date of such resolution. No amendment or termination of the Agreement shall directly or indirectly deprive the Executive of all or any portion of the Executive’s 's Retirement Income Trust Fund (and Accrued Benefit Account, if applicable) as of the effective date of the resolution amending or terminating the Agreement. Notwithstanding the foregoing, if an individual Executive’s agreement is subject to Code Section 409A, the Bank may terminate this Agreement only under the following circumstances and conditions:

Appears in 3 contracts

Samples: Retirement Income Agreement (Magyar Bancorp, Inc.), Retirement Income Agreement (Magyar Bancorp, Inc.), Retirement Income Agreement (Magyar Bancorp, Inc.)

Amendment or Plan Termination. The Bank intends this Agreement to be ----------------------------- permanent, but reserves the right to amend or terminate the Agreement when, in the sole opinion of the Bank, such amendment or termination is advisable. However, any termination of the Agreement which is done in anticipation of or pursuant to a "Change in Control", as defined in Subsection 5.21.9, shall be deemed to trigger Subsections 5.1 and 2.1(b)(3) (or 2.1(c)(3), as applicable) of the Agreement, and benefit(s) shall be paid from the Retirement Income Trust Fund (and Accrued Benefit Account, if applicable) in accordance with such Subsections. Any amendment or termination of the Agreement shall be made pursuant to a resolution of the Board of Directors of the Bank and shall be effective as of the date of such resolution. No amendment or termination of the Agreement shall directly or indirectly deprive the Executive of all or any portion of the Executive’s 's Retirement Income Trust Fund (and Accrued Benefit Account, if applicable) as of the effective date of the resolution amending or terminating the Agreement. Notwithstanding the foregoing, if an individual Executive’s agreement is subject to Code Section 409A, the Bank may terminate this Agreement only under the following circumstances and conditions:.

Appears in 1 contract

Samples: Supplemental Retirement Income Agreement (West Essex Bancorp Inc)

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Amendment or Plan Termination. The Bank intends this Agreement to be ----------------------------- permanent, but reserves the right to amend or terminate the Agreement when, in the sole opinion of the Bank, such amendment or termination is advisable. However, any termination of the Agreement which is done in anticipation of or pursuant to a "Change in Control", as defined in Subsection 5.21.9, shall be deemed to trigger Subsections 5.1 and 2.1(b)(3) (or 2.1(c)(3), as applicable) of the Agreement, and benefit(s) shall be paid from the Retirement Income Trust Fund (and Accrued Benefit Account, if applicable) in accordance with such Subsections. Any amendment or termination of the Agreement shall be made pursuant to a resolution of the Board of Directors of the Bank and shall be effective as of the date of such resolution. No amendment or termination of the Agreement shall directly or indirectly indirectly), deprive the Executive of all or any portion of the Executive’s 's Retirement Income Trust Fund (and Accrued Benefit Account, if applicable) as of the effective date of the resolution amending or terminating the Agreement. Notwithstanding the foregoing, if an individual Executive’s agreement is subject to Code Section 409A, the Bank may terminate this Agreement only under the following circumstances and conditions:.

Appears in 1 contract

Samples: Supplemental Retirement Income Agreement (West Essex Bancorp Inc)

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