Common use of Employment Agreements; Employee Benefit Plans Clause in Contracts

Employment Agreements; Employee Benefit Plans. (A) First Savings has Previously Disclosed to BancShares a true and complete list of all bonus, deferred compensation, pension, retirement, profit- sharing, thrift, savings, employee stock ownership, stock bonus, stock purchase, restricted stock and stock option plans; all employment and severance contracts; all medical, dental, health, and life insurance plans; all vacation, sickness and other leave plans, disability and death benefit plans; and all other employee benefit plans, contracts, or arrangements maintained or contributed to by First Savings or FSB for the benefit of any employees, former employees, directors, former directors or any of their beneficiaries (collectively, the "Plans"). True and complete copies of all Plans, including, but not limited to, any trust instruments and/or insurance contracts, if any, forming a part thereof, and all amendments thereto, previously have been supplied to BancShares. Except as Previously Disclosed, neither First Savings nor FSB maintains, sponsors, contributes to or otherwise participates in any "Employee Benefit Plan" within the meaning of (S) 3(3) of the Employee Retirement Income Security Act of 1974, as amended ("ERISA"), any "Multiemployer Plan" within the meaning of (S) 3(37) of ERISA, or any "Multiple Employer Welfare Arrangement" within the meaning of (S) 3(40) of ERISA. Each Plan which is an "employee pension benefit plan" within the meaning of (S) 3(2) of ERISA and which is intended to be qualified under (S) 401(a) of the Internal Revenue Code of 1986, as amended (the "Code") has received or applied for a favorable determination letter from the IRS and neither First Savings nor FSB is aware of any circumstances reasonably likely to result in the revocation or denial of any such favorable determination letter. All reports and returns with respect to the Plans (and any Plans previously maintained by First Savings or FSB) required to be filed with any governmental department, agency, service or other authority, including without limitation Internal Revenue Service Form 5500 (Annual Report), have been properly and timely filed.

Employment Agreements; Employee Benefit Plans. (Aa) First Savings Carolina has Previously Disclosed to BancShares FNB a true and complete list of all bonus, deferred compensation, pension, retirement, profit- profit-sharing, thrift, savings, employee stock ownership, stock bonus, stock purchase, restricted stock and stock option plans; all employment and severance contracts; all medical, dental, health, and life insurance plans; all vacation, sickness and other leave plans, disability and death benefit plans; and all other employee benefit plans, contracts, or arrangements maintained or contributed to by First Savings Carolina or FSB any subsidiary for the benefit of any employees, former employees, directors, former directors or any of their beneficiaries (collectively, the "Plans"). True and complete copies of all Plans, including, but not limited to, any trust instruments and/or or insurance contracts, if any, forming a part thereof, and all amendments thereto, previously have been supplied to BancSharesFNB. Except as Previously Disclosed, neither First Savings Neither Carolina nor FSB any subsidiary maintains, sponsors, contributes to or otherwise participates in any "Employee Benefit Plan" within the meaning of (S) Section 3(3) of the Employee Retirement Income Security Act of 1974, as amended ("ERISA"), any "Multiemployer Plan" within the meaning of (S) Section 3(37) of ERISA, or any "Multiple Employer Welfare Arrangement" within the meaning of (S) Section 3(40) of ERISA. Each Plan which that is an "employee pension benefit plan" within the meaning of (S) Section 3(2) of ERISA and which is intended to be qualified under (S) Section 401(a) of the Internal Revenue Code of 1986Code, as amended (the "Code") has received or applied for a favorable determination letter from the IRS and neither First Savings nor FSB Carolina is not aware of any circumstances reasonably likely to result in the revocation or denial of any such favorable determination letter. All reports and returns with respect to the Plans (and any Plans previously maintained by First Savings Carolina or FSBany subsidiary) required to be filed with any governmental department, agency, service or other authority, including without limitation Internal Revenue Service Form 5500 (Annual Report), have been properly and timely filed.

Employment Agreements; Employee Benefit Plans. (Aa) First Savings Carolina has --------------------------------------------- Previously Disclosed to BancShares FNB a true and complete list of all bonus, deferred compensation, pension, retirement, profit- profit-sharing, thrift, savings, employee stock ownership, stock bonus, stock purchase, restricted stock and stock option plans; all employment and severance contracts; all medical, dental, health, and life insurance plans; all vacation, sickness and other leave plans, disability and death benefit plans; and all other employee benefit plans, contracts, or arrangements maintained or contributed to by First Savings Carolina or FSB any subsidiary for the benefit of any employees, former employees, directors, former directors or any of their beneficiaries (collectively, the "Plans"). True and complete copies of all Plans, including, but not limited to, any trust instruments and/or or insurance contracts, if any, forming a part thereof, and all amendments thereto, previously have been supplied to BancSharesFNB. Except as Previously Disclosed, neither First Savings Neither Carolina nor FSB any subsidiary maintains, sponsors, contributes to or otherwise participates in any "Employee Benefit Plan" within the meaning of (S) Section 3(3) of the Employee Retirement Income Security Act of 1974, as amended ("ERISA"), any "Multiemployer Plan" within the meaning of (S) Section 3(37) of ERISA, or any "Multiple Employer Welfare Arrangement" within the meaning of (S) Section 3(40) of ERISA. Each Plan which that is an "employee pension benefit plan" within the meaning of (S) Section 3(2) of ERISA and which is intended to be qualified under (S) Section 401(a) of the Internal Revenue Code of 1986Code, as amended (the "Code") has received or applied for a favorable determination letter from the IRS and neither First Savings nor FSB Carolina is not aware of any circumstances reasonably likely to result in the revocation or denial of any such favorable determination letter. All reports and returns with respect to the Plans (and any Plans previously maintained by First Savings Carolina or FSBany subsidiary) required to be filed with any governmental department, agency, service or other authority, including without limitation Internal Revenue Service Form 5500 (Annual Report), have been properly and timely filed.

Employment Agreements; Employee Benefit Plans. (Aa) First Savings Centennial has Previously Disclosed to BancShares Crescent Financial a true and complete list of all bonus, deferred compensation, pension, retirement, profit- profit-sharing, thrift, savings, employee stock ownership, stock bonus, stock purchase, restricted stock and stock option plans; all employment and severance contracts; all medical, dental, health, and life insurance plans; all vacation, sickness and other leave plans, disability and death benefit plans; and all other employee benefit plans, contracts, or arrangements maintained or contributed to by First Savings or FSB Centennial for the benefit of any employees, former employees, directors, former directors or any of their beneficiaries (collectively, the "Plans"). True and complete copies of all Plans, including, but not limited to, any trust instruments and/or or insurance contracts, if any, forming a part thereof, and all amendments thereto, previously have been supplied to BancSharesCrescent Financial. Except as Previously DisclosedCentennial does not maintain, neither First Savings nor FSB maintainssponsor, sponsors, contributes contribute to or otherwise participates participate in any "Employee Benefit Plan" within the meaning of (S) Section 3(3) of the Employee Retirement Income Security Act of 1974, as amended ("ERISA"), any "Multiemployer Plan" within the meaning of (S) Section 3(37) of ERISA, or any "Multiple Employer Welfare Arrangement" within the meaning of (S) Section 3(40) of ERISA. Each Plan which that is an "employee pension benefit plan" within the meaning of (S) Section 3(2) of ERISA and which is intended to be qualified under (S) Section 401(a) of the Internal Revenue Code of 1986Code, as amended (the "Code") has received or applied for a favorable determination letter from the IRS and neither First Savings nor FSB Centennial is not aware of any circumstances reasonably likely to result in the revocation or denial of any such favorable determination letter. All reports and returns with respect to the Plans (and any Plans previously maintained by First Savings or FSBCentennial) required to be filed with any governmental department, agency, service or other authority, including including, without limitation limitation, Internal Revenue Service Form 5500 (Annual Report), have been properly and timely filed.

Employment Agreements; Employee Benefit Plans. (Aa) First Savings Rowan has Previously Disclosed to BancShares FNB a true and complete list of all bonus, deferred compensation, pension, retirement, profit- profit-sharing, thrift, savings, employee stock ownership, stock bonus, stock purchase, restricted stock and stock option plans; all employment and severance contracts; all medical, dental, health, and life insurance plans; all vacation, sickness and other leave plans, disability and death benefit plans; and all other employee benefit plans, contracts, or arrangements maintained or contributed to by First Savings Rowan or FSB Rowan Bank for the benefit of any employees, former employees, directors, former directors or any of their beneficiaries (collectively, the "Plans"). True and complete copies of all Plans, including, but not limited to, any trust instruments and/or or insurance contracts, if any, forming a part thereof, and all amendments thereto, previously have been supplied to BancSharesFNB. Except as Previously Disclosed, neither First Savings Neither Rowan nor FSB Rowan Bank maintains, sponsors, contributes to or otherwise participates in any "Employee Benefit Plan" within the meaning of (S) Section 3(3) of the Employee Retirement Income Security Act of 1974, as amended ("ERISA"), any "Multiemployer Plan" within the meaning of (S) Section 3(37) of ERISA, or any "Multiple Employer Welfare Arrangement" within the meaning of (S) Section 3(40) of ERISA. Each Plan which that is an "employee pension benefit plan" within the meaning of (S) Section 3(2) of ERISA and which is intended to be qualified under (S) Section 401(a) of the Internal Revenue Code of 1986Code, as amended (the "Code") has received or applied for a favorable determination letter from the IRS and neither First Savings nor FSB Rowan is not aware of any circumstances reasonably likely to result in the revocation or denial of any such favorable determination letter. All reports and returns with respect to the Plans (and any Plans previously maintained by First Savings Rowan or FSBRowan Bank) required to be filed with any governmental department, agency, service or other authority, including including, without limitation limitation, Internal Revenue Service Form 5500 (Annual Report), have been properly and timely filed.

Employment Agreements; Employee Benefit Plans. (Aa) First Savings has NCBC and NCBC Bank have each Previously Disclosed to BancShares Select and Select Bank a true and complete list of all bonus, deferred compensation, pension, retirement, profit- profit-sharing, thrift, savings, employee stock ownership, stock bonus, stock purchase, restricted stock and stock option plansplans and agreements; all employment and severance contracts; all medical, dental, health, and life insurance plans; all vacation, sickness and other leave plans, disability and death benefit plans; and all other employee benefit plans, contracts, or arrangements maintained or contributed to by First Savings NCBC or FSB NCBC Bank for the benefit of any employees, former employees, directors, former directors or any of their beneficiaries (collectively, the "“NCBC Plans"”). True and complete copies of all NCBC Plans, including, but not limited to, any trust instruments and/or or insurance contracts, if any, forming a part thereof, and all amendments thereto, previously have been supplied to BancSharesSelect and Select Bank. Except as Previously DisclosedDisclosed to Select and Select Bank, neither First Savings NCBC nor FSB NCBC Bank maintains, sponsors, contributes to or otherwise participates in any "“Employee Benefit Plan" ” within the meaning of (S) Section 3(3) of the Employee Retirement Income Security Act of 1974, as amended ("“ERISA"”), any "“Multiemployer Plan" ” within the meaning of (S) Section 3(37) of ERISA, or any "“Multiple Employer Welfare Arrangement" ” within the meaning of (S) Section 3(40) of ERISA. Each NCBC Plan which that is an "“employee pension benefit plan" ” within the meaning of (S) Section 3(2) of ERISA and which is intended to be qualified under (S) Section 401(a) of the Internal Revenue Code of 1986Code, as amended (the "Code") has received or applied for a favorable determination letter from the IRS (or relies on an opinion or notification letter issued by the IRS with respect to a prototype plan adopted by NCBC Bank), and neither First Savings NCBC nor FSB NCBC Bank is aware of any circumstances reasonably likely to result in the revocation or denial of any such favorable determination letter. All reports and returns with respect to the NCBC Plans (and any NCBC Plans previously maintained by First Savings NCBC or FSBNCBC Bank) required to be filed with any governmental department, agency, service or other authority, including without limitation Internal Revenue Service Form 5500 (Annual Report), have been properly and timely filed.

Employment Agreements; Employee Benefit Plans. (Aa) First Savings Community has Previously Disclosed to BancShares UCB a true and complete list of all bonus, deferred compensation, pension, retirement, profit- profit-sharing, thrift, savings, employee stock ownership, stock bonus, stock purchase, restricted stock and stock option plans; all employment and severance contracts; all medical, dental, health, and life insurance plans; all vacation, sickness and other leave plans, disability and death benefit plans; and all other employee benefit plans, contracts, or arrangements maintained or contributed to by First Savings Community or FSB its subsidiaries for the benefit of any employees, former employees, directors, former directors or any of their beneficiaries (collectively, the "Plans"). True and complete copies of all Plans, including, but not limited to, any trust instruments and/or or insurance contracts, if any, forming a part thereof, and all amendments thereto, previously have been supplied to BancSharesUCB. Except as Previously Disclosed, neither First Savings Neither Community nor FSB its subsidiaries maintains, sponsors, contributes to or otherwise participates in any "Employee Benefit Plan" within the meaning of (S) Section 3(3) of the Employee Retirement Income Security Act of 1974, as amended ("ERISA"), any "Multiemployer Plan" within the meaning of (S) Section 3(37) of ERISA, or any "Multiple Employer Welfare Arrangement" within the meaning of (S) Section 3(40) of ERISA. Each Plan which that is an "employee pension benefit plan" within the meaning of (S) Section 3(2) of ERISA and which is intended to be qualified under (S) Section 401(a) of the Internal Revenue Code of 1986Code, as amended (the "Code") has received or applied for a favorable determination letter from the IRS and neither First Savings nor FSB Community is not aware of any circumstances reasonably likely to result in the revocation or denial of any such favorable determination letter. All reports and returns with respect to the Plans (and any Plans previously maintained by First Savings Community or FSBits subsidiaries) required to be filed with any governmental department, agency, service or other authority, including including, without limitation limitation, Internal Revenue Service Form 5500 (Annual Report), have been properly and timely filed.

Employment Agreements; Employee Benefit Plans. (Aa) First Savings has Select and Select Bank have each Previously Disclosed to BancShares NCBC and NCBC Bank a true and complete list of all bonus, deferred compensation, pension, retirement, profit- profit-sharing, thrift, savings, employee stock ownership, stock bonus, stock purchase, restricted stock and stock option plansplans and agreements; all employment and severance contracts; all medical, dental, health, and life insurance plans; all vacation, sickness and other leave plans, disability and death benefit plans; and all other employee benefit plans, contracts, or arrangements maintained or contributed to by First Savings Select or FSB Select Bank for the benefit of any employees, former employees, directors, former directors or any of their beneficiaries (collectively, the "“Select Plans"”). True and complete copies of all Select Plans, including, but not limited to, any trust instruments and/or or insurance contracts, if any, forming a part thereof, and all amendments thereto, previously have been supplied to BancSharesNCBC and NCBC Bank. Except as Previously DisclosedDisclosed to NCBC and NCBC Bank, neither First Savings Select nor FSB Select Bank maintains, sponsors, contributes to or otherwise participates in any "“Employee Benefit Plan" ” within the meaning of (S) Section 3(3) of the Employee Retirement Income Security Act of 1974, as amended ("“ERISA"”), any "“Multiemployer Plan" ” within the meaning of (S) Section 3(37) of ERISA, or any "“Multiple Employer Welfare Arrangement" ” within the meaning of (S) Section 3(40) of ERISA. Each Select Plan which that is an "“employee pension benefit plan" ” within the meaning of (S) Section 3(2) of ERISA and which is intended to be qualified under (S) Section 401(a) of the Internal Revenue Code of 1986Code, as amended (the "Code") has received or applied for a favorable determination letter from the IRS (or relies on an opinion or notification letter issued by the Internal Revenue Service with respect to a prototype plan adopted by Select Bank), and neither First Savings Select nor FSB Select Bank is aware of any circumstances reasonably likely to result in the revocation or denial of any such favorable determination letter. All reports and returns with respect to the Select Plans (and any Select Plans previously maintained by First Savings Select or FSBSelect Bank) required to be filed with any governmental department, agency, service or other authority, including without limitation Internal Revenue Service Form 5500 (Annual Report), have been properly and timely filed.