Common use of Preemptive Considerations Clause in Contracts

Preemptive Considerations. Notwithstanding anything to the contrary set forth herein: 16.1. If the Employee is suspended and/or temporarily prohibited from participating in the conduct of the Bank’s or the Company’s affairs by a notice served under Section 8(e)(3) or (g)(l) of the Federal Deposit Insurance Act (12 U.S.C. 1818(e)(3) and (g)(l)) or any amendments or supplements thereto, the Company’s and the Bank’s obligations under this Agreement shall be suspended as of the date of service unless stayed by appropriate proceedings. If the charges in the notice are dismissed, the Company may in its discretion (i) pay the Employee all or part of the compensation withheld while this Agreement’s obligations were suspended, and (ii) reinstate (in whole or in part) any of its obligations which were suspended. 16.2. If the Employee is removed and/or permanently prohibited from participating in the conduct of the Bank’s or the Company’s affairs by an order issued under Section 8(e)(4) or (g)(l) of the Federal Deposit Insurance Act (12 U.S.C. 1818 (e)(4) or (g)(l)) or any amendments or supplements thereto, all obligations of the Bank and the Company under the contract shall terminate as of the effective date of the order, but vested rights of the parties shall not be affected. 16.3. If the Bank or the Company is in default (as defined in Section 3(x)(l) of the Federal Deposit Insurance Act), all obligations under this Agreement shall terminate as of the date of default, but this subparagraph 16.3 shall not affect any vested rights of the parties.

Preemptive Considerations. Notwithstanding anything to the contrary set forth herein: 16.1. 17.1 If the Employee is suspended and/or temporarily prohibited from participating in the conduct of the Company’s, the Bank’s or the Company’s any of their Affiliates’ affairs by a notice served under Section 8(e)(3) or (g)(l) of the Federal Deposit Insurance Act (12 U.S.C. 1818(e)(3) and (g)(l)) or any amendments or supplements thereto, the Company’s and the Bank’s obligations under this Agreement shall be suspended as of the date of service unless stayed by appropriate proceedings. If the charges in the notice are arc dismissed, the Company Bank may in its discretion (i) pay the Employee all or part of the compensation withheld while this Agreement’s obligations were suspended, and (ii) reinstate (in whole or in part) any of its obligations which were suspended. 16.2. 17.2 If the Employee is removed and/or permanently prohibited from participating in the conduct of the Company’s, the Bank’s or the Company’s any of their Affiliates’ affairs by an order issued under Section 8(e)(4) or (g)(lg)(1) of the Federal Deposit Insurance Act (12 U.S.C. 1818 (e)(4) or (g)(lg) (1)) or any amendments or supplements thereto, or equivalent provisions relating to a regulator with supervisory authority over the Company, the Bank or any of their Affiliates, all obligations of the Company, the Bank and the Company or any of their Affiliates under the contract shall terminate as of the effective date of the order, but vested rights of the parties shall not be affected. 16.3. 17.3 If the Company, the Bank or the Company any of their Affiliates is in default (as defined in Section 3(x)(l3(x)(1) of the Federal Deposit Insurance ActAct or equivalent provisions relating to a regulator with supervisory authority over the Company, the Bank or any of their Affiliates), all obligations under this Agreement shall terminate as of the date of default, but this subparagraph 16.3 17.3 shall not affect any vested rights of the parties.

Preemptive Considerations. Notwithstanding anything to the contrary set forth herein: 16.1. a. If the Employee Executive is suspended and/or temporarily prohibited from participating in the conduct of the Bank’s Corporation's or the Company’s Bank1s affairs by a notice served under Section 8(e)(3) or (g)(l) of the Federal Deposit Insurance Act (12 12) U.S.C. 1818(e)(3) and (g)(l)) or any amendments or supplements thereto, the Company’s obligations of the Corporation and the Bank’s obligations Bank under this Agreement shall be suspended as of the date of service unless stayed by appropriate proceedings. If the charges in the notice are dismissed, the Company Corporation and Bank may in its discretion (i) pay the Employee Executive all or part of the compensation withheld while this Agreement’s Agreement1s obligations were suspended, and (ii) reinstate (in whole or in part) any of its obligations which were suspended. 16.2. b. If the Employee Executive is removed and/or permanently prohibited from participating in the conduct of the Corporation's or Bank’s or the Company’s 's affairs by an order issued under Section 8(e)(4) or (g)(l) of the Federal Deposit Insurance Act (12 12) U.S.C. 1818 (e)(41818(e)(4) or (g)(lg)(l )) or any amendments or supplements thereto, or equivalent provisions relating to a regulator with supervisory authority over the Corporation or Bank, all obligations of the Corporation or Bank and the Company under the contract this Agreement shall terminate as of the effective date of the order, but vested rights of the parties shall not be affected., 16.3. c. If the Corporation or Bank or the Company is in default (as defined in Section 3(x)(l) of the Federal Deposit Insurance ActAct or equivalent provisions relating to a regulator with supervisory authority over the Corporation or Bank), all obligations under this Agreement shall terminate as of the date of default, but this subparagraph 16.3 Section 11(c) shall not affect any vested rights of the parties.

Preemptive Considerations. Notwithstanding anything to the contrary set forth herein: 16.1. 17.1 If the Employee is suspended and/or temporarily prohibited from participating in the conduct of the Company’s, the Bank’s or the Company’s any of their Affiliates’ affairs by a notice served under Section 8(e)(3) or (g)(lg)(1) of the Federal Deposit Insurance Act (12 U.S.C. 1818(e)(3) and (g)(lg)(1)) or any amendments or supplements thereto, the Company’s and the Bank’s obligations under this Agreement shall be suspended as of the date of service unless stayed by appropriate proceedings. If the charges in the notice are dismissed, the Company Bank may in its discretion (i) pay the Employee all or part of the compensation withheld while this Agreement’s obligations were suspended, and (ii) reinstate (in whole or in part) any of its obligations which were suspended. 16.2. 17.2 If the Employee is removed and/or permanently prohibited from participating in the conduct of the Company’s, the Bank’s or the Company’s any of their Affiliates’ affairs by an order issued under Section 8(e)(4) or (g)(lg)(1) of the Federal Deposit Insurance Act (12 U.S.C. 1818 (e)(4) or (g)(lg) (1)) or any amendments or supplements thereto, or equivalent provisions relating to a regulator with supervisory authority over the Company, the Bank or any of their Affiliates, all obligations of the Company, the Bank and the Company or any of their Affiliates under the contract shall terminate as of the effective date of the order, but vested rights of the parties shall not be affected. 16.3. 17.3 If the Company, the Bank or the Company any of their Affiliates is in default (as defined in Section 3(x)(l3(x)(1) of the Federal Deposit Insurance ActAct or equivalent provisions relating to a regulator with supervisory authority over the Company, the Bank or any of their Affiliates), all obligations under this Agreement shall terminate as of the date of default, but this subparagraph 16.3 17.3 shall not affect any vested rights of the parties.

Preemptive Considerations. Notwithstanding anything to the contrary ------------------------- set forth herein: 16.1. 16.1 If the Employee is suspended and/or temporarily prohibited from participating in the conduct of the Bank’s 's or the Company’s 's affairs by a notice served under Section 8(e)(3) or (g)(lg)(1) of the Federal Deposit Insurance Act (12 U.S.C. 1818(e)(3) and (g)(lg)(1)) or any amendments or supplements thereto, the Company’s 's and the Bank’s 's obligations under this Agreement shall be suspended as of the date of service unless stayed by appropriate proceedings. If the charges in the notice are dismissed, the Company may in its discretion (i) pay the Employee all or part of the compensation withheld while this Agreement’s 's obligations were suspended, and (ii) reinstate (in whole or in part) any of its obligations which were suspended. 16.2. 16.2 If the Employee is removed and/or permanently prohibited from participating in the conduct of the Bank’s 's or the Company’s 's affairs by an order issued under Section 8(e)(4) or (g)(lg)(1) of the Federal Deposit Insurance Act (12 U.S.C. 1818 (e)(4) or (g)(lg)(1)) or any amendments or supplements thereto, all obligations of the Bank and the Company under the contract shall terminate as of the effective date of the order, but vested rights of the parties shall not be affected. 16.3. 16.3 If the Bank or the Company is in default (as defined in Section 3(x)(l3(x)(1) of the Federal Deposit Insurance Act), all obligations under this Agreement shall terminate as of the date of default, but this subparagraph 16.3 shall not affect any vested rights of the parties.

Preemptive Considerations. Notwithstanding anything to the contrary set forth herein: 16.1. 12.1 If the Employee is suspended and/or temporarily prohibited from participating in the conduct of the Company’s, the Bank’s or the Company’s any of their Affiliates’ affairs by a notice served under Section 8(e)(3) or (g)(lg)(1) of the Federal Deposit Insurance Act (12 U.S.C. 1818(e)(3) and (g)(lg)(1)) or any amendments or supplements thereto, the Company’s and the Bank’s obligations under this Agreement shall be suspended as of the date of service unless stayed by appropriate proceedings. If the charges in the notice are dismissed, the Company Bank may in its discretion (i) pay the Employee all or part of the compensation withheld while this Agreement’s obligations were suspended, and (ii) reinstate (in whole or in part) any of its obligations which were suspended. 16.2. 12.2 If the Employee is removed and/or permanently prohibited from participating in the conduct of the Company’s, the Bank’s or the Company’s its Affiliates’ affairs by an order issued under Section 8(e)(4) or (g)(lg)(1) of the Federal Deposit Insurance Act (12 U.S.C. 1818 (e)(4) or (g)(lg)(1)) or any amendments or supplements thereto, or equivalent provisions relating to a regulator with supervisory authority over the Company, the Bank or their Affiliates, all obligations of the Company, the Bank and the Company their Affiliates under the contract shall terminate as of the effective date of the order, but vested rights of the parties shall not be affected. 16.3. 12.3 If the Company, the Bank or the Company any of their Affiliates is in default (as defined in Section 3(x)(l3(x)(1) of the Federal Deposit Insurance ActAct or equivalent provisions relating to a regulator with supervisory authority over the Company, the Bank or any of their Affiliates), all obligations under this Agreement shall terminate as of the date of default, but this subparagraph 16.3 Subparagraph 12.3 shall not affect any vested rights of the parties.