Common use of Employee Retirement Plans Clause in Contracts

Employee Retirement Plans. To the extent permitted by the applicable ------------------------- plan, the Executive will be entitled to continue to participate, consistent with past practices, in all employee retirement plans maintained by the Corporation In effect as of his date of termination, including, to the extent such plan is still maintained by the Corporation, The Bank Corporation of Georgia Employees' Retirement Plan. The Executive's participation in such retirement plans shall continue for a period of thirty-six (36) months from his date of termination (at which point he will be considered to have terminated employment within the meaning of the plan) and the compensation payable to the Executive under (a) and (b) above shall be treated (unless otherwise excluded) as compensation under the plan. If continued participation in any plan is not permitted, the Corporation shall pay to the Executive and, if applicable his beneficiary, a supplemental benefit equal to the Present Value of the excess of (I) the benefit the Executive would have been paid under such plan if he had continued to be covered for the 36-month period (less any amounts he would have required to contribute), over (ii) the benefit actually payable under such plan. The Corporation shall pay such additional benefits (if any) in a lump sum or in a series of cash payments, whichever coincides with the payment of benefits under such plan.

Employee Retirement Plans. To In addition to the benefits provided herein, to the extent permitted by the applicable ------------------------- plan, the Executive will be entitled to continue to participate, consistent with past practices, in all employee retirement plans plans, maintained by the Corporation In Company in effect as of his the effective date of termination, including, to the extent such plan is still maintained by the Corporation, The Bank Corporation termination of Georgia Employees' Retirement Planhis employment. The Executive's participation in such retirement plans shall continue for a period of thirty-six (36) months from his the effective date of the termination of his employment (at which point he will be considered to have terminated employment within the meaning of the planplans) and the compensation payable to the Executive under (ai) and (bii) above shall be treated (unless otherwise excluded) as compensation under the plansuch plans. If continued participation in any plan is not permittedpermitted or if any such plan does not continue to exist, the Corporation Company shall pay to the Executive and, if applicable applicable, his designated beneficiary, a supplemental benefit equal to the Present Value present value on the effective date of termination of employment (calculated as provided in the plan) of the excess of (IA) the benefit the Executive would have been paid under such plan if he had continued to be covered for the 36-month period (less any amounts he would have been required to contribute), over (ii) the benefit actually payable under such plan. The Corporation shall pay such additional benefits (if any) in a lump sum or in a series of cash payments, whichever coincides with the payment of benefits under such plan.assumed earnings calculated at

Employee Retirement Plans. To In addition to the benefits provided herein, to the extent permitted by the applicable ------------------------- plan, the Executive will be entitled to continue to participate, consistent with past practices, in all employee retirement plans maintained by the Corporation In Company in effect as of his the date of termination, including, to the extent such plan is still maintained by the Corporation, The Bank Corporation termination of Georgia Employees' Retirement Planhis employment. The Executive's participation in such retirement plans shall continue for a period of thirty-six sixty (3660) months from his the date of the termination of his employment (at which point he will be considered to have terminated employment within the meaning of the planplans) and the compensation payable to the Executive under (ai) and (bii) above shall be treated (unless otherwise excluded) as compensation under the plansuch plans. If continued participation in any plan is not permittedpermitted or if any such plan does not continue to exist, the Corporation Company shall pay to the Executive and, if applicable applicable, his designated beneficiary, a supplemental benefit equal to the Present Value present value on the date of termination of employment (calculated as provided in the plan) of the excess of (Ii) the benefit the Executive would have been paid under such plan if he had continued to be covered for the 36-month period (less any amounts he would have been required to contribute)) with assumed earnings calculated at eight percent (8%) per annum, over (ii) the benefit actually payable under such plan. The Corporation Company shall pay such additional benefits (if any) in a lump sum or in a series of cash payments, whichever coincides with the payment of benefits under such plansum.

Employee Retirement Plans. To the extent permitted by the applicable ------------------------- plan, the Executive will be entitled to continue to participate, consistent with past practices, in all employee retirement and deferred compensation plans maintained by the Corporation In Company in effect as of his date of termination, including, to the extent such plan is plans are still maintained by the CorporationCompany, The Bank Corporation of Georgia Employees' Retirement the Blouxx Xxxirement Plan, the Blouxx 000(k) Plan, the Blouxx Xxxess 401(k) Plan, the SERP and the Executive SERP. The Executive's participation in such retirement plans shall continue for a period of thirty-six (36) months from his date of termination (at which point he will be considered to have terminated employment within the meaning of the plan) Severance Period and the compensation payable to the Executive under (a) and (b) above shall be treated (unless otherwise excluded) as compensation under the plan as if it were paid on a monthly basis. For purposes of the Blouxx 000(k) Plan and the Blouxx Xxxess 401(k) Plan, he will receive an amount equal to the Company's contributions to the plan, assuming Executive had participated in such plan at the maximum permissible contributions level. If continued participation in any plan is not permittedpermitted by the plan or by applicable law, the Corporation Company shall pay to the Executive andor, if applicable applicable, his beneficiary, beneficiary a supplemental benefit equal to the Present Value present value on the date of the excess of (I) the benefit the Executive would have been paid under such plan if he had continued to be covered for the 36-month period (less any amounts he would have required to contribute), over (ii) the benefit actually payable under such plan. The Corporation shall pay such additional benefits (if any) in a lump sum or in a series of cash payments, whichever coincides with the payment of benefits under such plan.termination of