Common use of Change in Control Defined Clause in Contracts

Change in Control Defined. For purposes of this Agreement, the term “Change in Control” means: (i) a change in the ownership of the Corporation; (ii) a change in the effective control of the Corporation; or (iii) a change in the ownership of a substantial portion of the assets of the Corporation as defined in accordance with Code Section 409A. For purposes of this Section 5(a), the term “Corporation” means the Bank, the Company or any of their successors, as applicable.

Appears in 16 contracts

Samples: Employment Agreement (Texas Community Bancshares, Inc.), Employment Agreement (VWF Bancorp, Inc.), Employment Agreement (Fifth District Bancorp, Inc.)

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Change in Control Defined. For purposes of this Agreement, the term “Change in Control” means: (i) a change in the ownership of the Corporation; (ii) a change in the effective control of the Corporation; or (iii) a change in the ownership of a substantial portion of the assets of the Corporation as defined in accordance with Code Section 409A. For purposes of this Section 5(a), the term “Corporation” means is defined to include the Bank, the Company or any of their successors, as applicable.

Appears in 11 contracts

Samples: Employment Agreement (Marathon Bancorp, Inc. /MD/), Employment Agreement (Peapack Gladstone Financial Corp), Employment Agreement (Rhinebeck Bancorp, Inc.)

Change in Control Defined. For purposes of this Agreement, the term a “Change in Control” means: shall mean (i) a change in the ownership of the Corporation; Company or Bank, (ii) a change in the effective control of the Corporation; Company or Bank, or (iii) a change in the ownership of a substantial portion of the assets of the Corporation as defined in accordance with Code Section 409A. For purposes of this Section 5(a), the term “Corporation” means the Company or Bank, the Company or any of their successors, as applicabledescribed below.

Appears in 7 contracts

Samples: Employment Agreement (Madison County Financial, Inc.), Employment Agreement (Madison County Financial, Inc.), Employment Agreement (Madison County Financial, Inc.)

Change in Control Defined. For purposes of this Agreement, the term Agreement “Change in Control” means: (i) means a change in the ownership of the Corporation; (ii) a change in the effective control of the Corporation; Company or Fraternity Federal Savings and Loan Association (iii“Association”) 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 a change in the ownership,” “change in effective control” or “change in ownership of a substantial portion of the assets of the Corporation as defined in accordance with Code Section 409A. For purposes of this Section 5(a), the term “Corporation” means the Bank, the Company or any of their successors, as applicableassets.

Appears in 6 contracts

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

Change in Control Defined. For purposes of this Agreement, the term Agreement “Change in Control” means: (i) means a change in the ownership of the Corporation; (ii) a ownership, change in the effective control of the Corporation; or (iii) a change in the ownership of a substantial portion of the assets of the Corporation Bank or The Victory Bancorp, Inc., as defined in accordance with Code Section 409A. For for purposes of this Section 5(a), 409A of the term “Corporation” means the Bank, the Company or any of their successors, as applicableCode.

Appears in 4 contracts

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

Change in Control Defined. For purposes of this Agreement, the term Agreement “Change in Control” means: (i) means a change in the ownership control as defined in Internal Revenue Section 409A of the Corporation; (ii) Code and rules, regulations, and guidance of general application thereunder issued by the Department of the Treasury, including a change in the effective control of the Corporation; or (iii) a ownership,” “change in the effective control” or “change in ownership of a substantial portion of assets.” Notwithstanding the assets foregoing, a Change in Control shall not occur as a result of a conversion of the Corporation as defined in accordance with Code Section 409A. For purposes Association from mutual to stock form or a reorganization of this Section 5(a), the term “Corporation” means Association to the Bank, the Company or any mutual holding company form of their successors, as applicableownership.

Appears in 4 contracts

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

Change in Control Defined. For purposes of As used in this Agreement, the term “Change in Control” means: (i) a has the meaning ascribed to the terms “change in the ownership of the Corporation; (ii) a change in the or effective control of the Corporation; corporation” or (iii) a change in the ownership of a substantial portion of the assets of the Corporation as defined corporation,” in accordance with regulations promulgated under, or otherwise within the meaning of, Section 409A(a)(2)(A)(v) of the Internal Revenue Code Section 409A. For purposes of this Section 5(a), the term “Corporation” means the Bank, the Company or any of their successors1986, as applicableamended (the “Code”); provided, however, that neither the conversion nor the demutualization of the Company, without more, shall be deemed a Change in Control.

Appears in 2 contracts

Samples: Agreement (Lmi Holdings Inc), Agreement (Lmi Holdings Inc)

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Change in Control Defined. For purposes of this Agreement, the term a “Change in Control” means: Control shall mean (i) a change in the ownership of the Corporation; Company or the Bank, (ii) a change in the effective control of the Corporation; Company or the Bank, or (iiic) a change in the ownership of a substantial portion of the assets of the Corporation Company or the Bank as defined in accordance with Code Section 409A. For purposes 409A of this Section 5(a), the term “Corporation” means the Bank, the Company or any of their successors, as applicableCode.

Appears in 2 contracts

Samples: Employment Agreement (BV Financial, Inc.), Employment Agreement (BV Financial, Inc.)

Change in Control Defined. For purposes of this Agreement, the term “Change in Control” means: (i) a change in the ownership of the Corporation; (ii) a change in the effective control of the Corporation; or (iii) } a change in the ownership of a substantial portion of the assets of the Corporation as defined in accordance with Code Section 409A. For purposes of this Section 5(a), the term “Corporation” means the Bank, the Company or any of their successors, as applicable.

Appears in 1 contract

Samples: Employment Agreement (SR Bancorp, Inc.)

Change in Control Defined. For purposes of this Agreement, the term “Change in Control” means: (i) a change in the ownership of the Corporation; (ii) a change in the effective control of the Corporation; or (iii) a change in the ownership of a substantial portion of the assets of the Corporation as defined in accordance with Code Section 409A. 409 A. For purposes of this Section 5(a), the term “Corporation” means the Bank, the Company or any of their successors, as applicable.

Appears in 1 contract

Samples: Employment Agreement (SR Bancorp, Inc.)

Change in Control Defined. For purposes of this Agreement, the term a “Change in Control” means: (i) means a change in the ownership of the Corporation; (ii) a change in the effective control of the Corporation; Bank or (iii) 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 a change in the ownership,” “change in effective control” or “change in ownership of a substantial portion of the assets of the Corporation as defined in accordance with Code Section 409A. For purposes of this Section 5(a), the term “Corporation” means the Bank, the Company or any of their successors, as applicableassets.

Appears in 1 contract

Samples: Employment Agreement (Ocean Shore Holding Co.)

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