Common use of Change in Control Defined Clause in Contracts

Change in Control Defined. For purposes of this Agreement “Change in Control” means a change in control as defined in Section 409A of the Code and rules, regulations, and guidance of general application thereunder issued by the Department of the Treasury, including:

Appears in 34 contracts

Samples: Employment Agreement (Wellesley Bancorp, Inc.), Employment Agreement (First Savings Financial Group Inc), Employment Agreement (Athens Bancshares Corp)

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Change in Control Defined. For purposes of this Agreement “Change in Control” means a change in control as defined in Section Internal Revenue Code section 409A of the Code and rules, regulations, and guidance of general application thereunder issued by the Department of the Treasury, including:including –

Appears in 26 contracts

Samples: Employment Agreement (Carolina Bank Holdings Inc), Employment Agreement (Carolina Bank Holdings Inc), Employment Agreement (1st Financial Services CORP)

Change in Control Defined. For purposes of this Agreement “Agreement, the term Change in Control” Control means a change in control as defined in Section Internal Revenue Code section 409A of the Code and rules, regulations, and guidance of general application thereunder issued by the Department of the Treasury, including:including –

Appears in 8 contracts

Samples: Severance Agreement (Cortland Bancorp Inc), Severance Agreement (Cortland Bancorp Inc), Severance Agreement (Cortland Bancorp Inc)

Change in Control Defined. For purposes of this Agreement “Change in Control” means a change in control as defined in Section Internal Revenue Code section 409A, as the same may be amended from time to time. For purposes of clarification and without intending to affect the foregoing reference to section 409A for the definition of Change in Control, as of the Code and rules, regulations, and guidance effective date of general application thereunder issued by the Department of the Treasury, including:this Agreement a Change in Control as defined in Rule 1.409A-3(i)(5) would provide as follows –

Appears in 6 contracts

Samples: Employment Agreement (CenterState Banks, Inc.), Employment Agreement (CenterState Banks, Inc.), Employment Agreement (CenterState Banks, Inc.)

Change in Control Defined. For purposes of this Agreement Agreement, “Change in Control” means a change in control as defined in Section Internal Revenue Code section 409A of the Code and rules, regulations, and guidance of general application thereunder issued by the Department of the Treasury, including:including –

Appears in 6 contracts

Samples: Amended Employment Agreement (First Reliance Bancshares Inc), Amended Employment Agreement (First Reliance Bancshares Inc), Amended Employment Agreement (First Reliance Bancshares Inc)

Change in Control Defined. For purposes of this Agreement Change in Control” Control means a change in control as defined in Section Internal Revenue Code section 409A of the Code and rules, regulations, and guidance of general application thereunder issued by the Department of the Treasury, including:including –

Appears in 5 contracts

Samples: Severance Agreement (Middlefield Banc Corp), Severance Agreement (Middlefield Banc Corp), Severance Agreement (Middlefield Banc Corp)

Change in Control Defined. For purposes of this Agreement “Change in Control” means a change in control as defined in Internal Revenue Section 409A of the Code and rules, regulations, and guidance of general application thereunder issued by the Department of the Treasury, including:

Appears in 4 contracts

Samples: Employment Agreement (Sandy Spring Bancorp Inc), Employment Agreement (First Savings Financial Group Inc), Employment Agreement (First Savings Financial Group Inc)

Change in Control Defined. For purposes of this Agreement Agreement, a “Change in Control” means shall mean a change in control as defined in under Section 409A of the Internal Revenue Code of 1986, as amended, (the “Code”) and rules, regulations, and guidance of general application thereunder issued by the Department includes any of the Treasury, includingfollowing events:

Appears in 4 contracts

Samples: Employment Agreement (Wolverine Bancorp, Inc.), Employment Agreement (Wolverine Bancorp, Inc.), Employment Agreement (Wolverine Bancorp, Inc.)

Change in Control Defined. For purposes of this Agreement the term Change in Control” Control means a change in control as defined in Section Internal Revenue Code section 409A of the Code and rules, regulations, and guidance of general application thereunder issued by the Department of the Treasury, including:including –

Appears in 4 contracts

Samples: Severance Agreement (Cortland Bancorp Inc), Amended Severance Agreement (Cortland Bancorp Inc), Amended Severance Agreement (Cortland Bancorp Inc)

Change in Control Defined. For purposes of this Agreement “Change in Control” means a change in control as defined in Section Internal Revenue Code section 409A, as the same may be amended from time to time. For purposes of clarification and without intending to affect the foregoing reference to section 409A for the definition of Change in Control, as of the Code and rules, regulations, and guidance of general application thereunder issued by the Department of the Treasury, including:Employment Date a Change in Control as defined in Rule 1.409A-3(i)(5) would provide as follows –

Appears in 3 contracts

Samples: Employment Agreement (CenterState Banks, Inc.), Employment Agreement (CenterState Banks, Inc.), Employment Agreement (CenterState Banks, Inc.)

Change in Control Defined. For purposes of this Agreement “Agreement, a Change in Control” Control means a change in control as defined in Section 409A of the Code and rulesCode, regulations, and guidance of general application thereunder issued by the Department of the Treasury, including:including –

Appears in 3 contracts

Samples: Change in Control (First Savings Financial Group Inc), Change in Control (First Savings Financial Group Inc), Change in Control (First Savings Financial Group Inc)

Change in Control Defined. For purposes of this Agreement “Change in Control” means a change in control of the Company or the Bank as defined in Internal Revenue Section 409A of the Code and rules, regulations, and guidance of general application thereunder issued by the Department of the Treasury, including:including a “change in ownership,” “change in effective control” or “change in ownership of a substantial portion of assets.”

Appears in 3 contracts

Samples: Employment Agreement (MB Bancorp Inc), Employment Agreement (MB Bancorp Inc), Employment Agreement (MB Bancorp Inc)

Change in Control Defined. For purposes of this Agreement “Change in Control” means a change in control of the Bank or the Company as defined in Internal Revenue Section 409A of the Code and rules, regulations, and guidance of general application thereunder issued by the Department of the Treasury, including:including a “change in ownership,” “change in effective control” or “change in ownership of a substantial portion of assets.”

Appears in 3 contracts

Samples: Employment Agreement (MB Bancorp Inc), Employment Agreement (MB Bancorp Inc), Employment Agreement (MB Bancorp Inc)

Change in Control Defined. For purposes of this Agreement the term Change in Control” Control means a change in control as defined in Section Internal Revenue Code section 409A of the Code and rules, regulations, and guidance of general application thereunder issued by the Department of the Treasury, including:including —

Appears in 3 contracts

Samples: Severance Agreement (Cortland Bancorp Inc), Severance Agreement (Cortland Bancorp Inc), Severance Agreement (Cortland Bancorp Inc)

Change in Control Defined. For purposes of this Agreement the term “Change in Control” means a change in control as defined in Section Internal Revenue Code section 409A, as the same may be amended from time to time. For purposes of clarification and without intending to affect the foregoing reference to section 409A for the definition of Change in Control, as of the Code and rules, regulations, and guidance effective date of general application thereunder issued by this Agreement a Change in Control as defined in Rule 1.409A-3(i)(5) would include the Department of the Treasury, including:following –

Appears in 3 contracts

Samples: Employment Agreement (Intermountain Community Bancorp), Employment Agreement (Intermountain Community Bancorp), Employment Agreement (Eagle Bancorp Montana, Inc.)

Change in Control Defined. For purposes of this Agreement “Change in Control” means a change in control of the Association or the Company as defined in Internal Revenue Section 409A of the Code and rules, regulations, and guidance of general application thereunder issued by the Department of the Treasury, including:including a “change in ownership,” “change in effective control” or “change in ownership of a substantial portion of assets.”

Appears in 2 contracts

Samples: Employment Agreement (Fraternity Community Bancorp Inc), Employment Agreement (Fraternity Community Bancorp Inc)

Change in Control Defined. For purposes of this Agreement “Change in Control” means a change in control of the Company as defined in Internal Revenue Section 409A of the Code and rules, regulations, and guidance of general application thereunder issued by the Department of the Treasury, including:including a “change in ownership,” “change in effective control” or “change in ownership of a substantial portion of assets.”

Appears in 2 contracts

Samples: Employment Agreement (Central Federal Bancshares, Inc), Employment Agreement (Central Federal Bancshares, Inc)

Change in Control Defined. For purposes of this Agreement “Change in Control” means a change in control as defined in Section Internal Revenue Code section 409A of the Code and rules, regulations, and guidance of general application thereunder issued by the Department of the Treasury, including:including —

Appears in 2 contracts

Samples: Employment Agreement (Tidelands Bancshares Inc), Employment Agreement (Western Liberty Bancorp)

Change in Control Defined. For purposes of this Agreement "Change in Control" means a change in control as defined in Section Internal Revenue Code section 409A of the Code and rules, regulations, and guidance of general application thereunder issued by the Department of the Treasury, including:including -

Appears in 2 contracts

Samples: Employment Agreement (Community First Bancorp), Employment Agreement (First South Bancorp Inc)

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Change in Control Defined. For purposes of this Agreement Change in Control” Control means a change in control as defined in Section Internal Revenue Code section 409A of the Code and rules, regulations, and guidance of general application thereunder issued by the Department of the Treasury, including:including —

Appears in 2 contracts

Samples: Severance Agreement (Middlefield Banc Corp), Severance Agreement (Middlefield Banc Corp)

Change in Control Defined. For purposes of this Agreement “Change in Control” means a change in control as defined in Internal Revenue Code Section 409A, as the same may be amended from time to time. For purposes of clarification and without intending to affect the foregoing reference to Section 409A for the definition of Change in Control, as of the Code and rules, regulations, and guidance of general application thereunder issued by the Department of the Treasury, including:Effective Date a Change in Control as defined in Treasury Regulation 1.409A-3(i)(5) would provide as follows –

Appears in 2 contracts

Samples: Employment and Change in Control Agreement (Dime Community Bancshares Inc), Control Agreement (Dime Community Bancshares Inc)

Change in Control Defined. For purposes of this Agreement “Agreement, the term "Change in Control” means a change " shall mean the occurrence of any of the following events in control as defined in accordance with Code Section 409A of and the Code and rules, regulations, regulations and guidance of general application thereunder issued by the U.S. Department of the Treasury, including:

Appears in 2 contracts

Samples: Employment Agreement (Orange County Bancorp, Inc. /DE/), Employment Agreement (Orange County Bancorp, Inc. /DE/)

Change in Control Defined. For purposes of this Agreement Agreement, the term “Change in Control” means a change shall mean the occurrence of any of the following events in control as defined in accordance with Code Section 409A of and the Code and rules, regulations, regulations and guidance of general application thereunder issued by the U.S. Department of the Treasury, including:

Appears in 1 contract

Samples: Employment Agreement (Orange County Bancorp, Inc. /DE/)

Change in Control Defined. For purposes of this Agreement "Change ------------------------- in Control" means a change in control as defined in Internal Revenue Section 409A of the Code and rules, regulations, and guidance of general application thereunder issued by the Department of the Treasury, including:

Appears in 1 contract

Samples: Employment Agreement (Jefferson Bancshares Inc)

Change in Control Defined. For purposes of this Agreement “Change in Control” means a change in control as defined in Section Internal Revenue Code section 409A, as the same may be amended form time to time. For purposes of clarification and without intending to affect the foregoing reference to section 409A for the definition of Change in Control, as of the Code and rules, regulations, and guidance of general application thereunder issued by the Department of the Treasury, including:Employment Date a Change in Control as defined in Rule 1.409A-3(i)(5) would provide as follows –

Appears in 1 contract

Samples: Employment Agreement (CenterState Bank Corp)

Change in Control Defined. For purposes of this Agreement “Change in Control” means a change in control as defined in Section Internal Revenue Code section 409A of the Code and rules, regulations, and guidance of general application thereunder issued by the Department of the Treasury, including:including -

Appears in 1 contract

Samples: Employment Agreement (Crescent Financial Corp)

Change in Control Defined. For purposes of this Agreement “Change in Control” means a change in control as defined in Internal Revenue Code Section 409A of the Code and rules, regulations, and guidance of general application thereunder issued by the Department of the Treasury, including:

Appears in 1 contract

Samples: Employment Agreement (Pulaski Financial Corp)

Change in Control Defined. For purposes of this Agreement Agreement, the term “Change in Control” means a change in control as defined in Section 409A of the Code and rules, regulations, and guidance of general application thereunder issued by the Department of the Treasury, including:Treasury Rule 1.409A-3(i)(5) including –

Appears in 1 contract

Samples: Agreement and Plan of Merger (Independence Bancshares, Inc.)

Change in Control Defined. For purposes of this Agreement the term Change in Control” means Control shall mean a change in control as defined in Section 409A of the Code and rulessection 409A, regulations, and guidance of general application thereunder issued by the Department of the Treasury, including:including —

Appears in 1 contract

Samples: Form of Consulting and Non Competition Agreement (Tennessee Commerce Bancorp, Inc.)

Change in Control Defined. For purposes of this Agreement the term “Change in Control” means a change in control as defined in Section Internal Revenue Code section 409A of the Code and rules, regulations, and guidance of general application thereunder issued by the Department of the Treasury, including:including –

Appears in 1 contract

Samples: Employment Agreement (First Reliance Bancshares Inc)

Change in Control Defined. For purposes of this Agreement “Agreement, a Change in Control” Control means a change in control as defined in Section 409A of the Code and rules, regulations, and guidance of general application thereunder issued by the Department of the TreasuryCode, including:

Appears in 1 contract

Samples: Change in Control (Fairfield County Bank Corp.)

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