Common use of Prohibited Payments Clause in Contracts

Prohibited Payments. Notwithstanding anything in this Agreement to the contrary, if any payment made under this Agreement is a “golden parachute payment” as defined in Section 28(k) of the Federal Deposit Insurance Act (12 U.S.C. section 1828(k) and Part 359 of the Rules and Regulations of the Federal Deposit Insurance Corporation (collectively, the “FDIC Rules”) or is otherwise prohibited, restricted or subject to the prior approval of a Bank Regulator, no payment shall be made hereunder without complying with said FDIC Rules.

Appears in 34 contracts

Samples: Retirement Plan Agreement (Columbia Banking System Inc), Supplemental Executive Retirement Plan Agreement (Columbia Banking System Inc), Retirement Plan Agreement (Columbia Banking System Inc)

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Prohibited Payments. Notwithstanding anything in this Agreement to the contrarycontrary (and in particular in section 1.8 or section 3 hereof), if any payment made under this Agreement is a "golden parachute payment" as defined in Section 28(k) of the Federal Deposit Insurance Act (12 U.S.C. section 1828(k) and Part 359 of the Rules and Regulations of the Federal Deposit Insurance Corporation (collectively, the "FDIC Rules") or is otherwise prohibited, restricted or subject to the prior approval of a Bank RegulatorRegulator (as defined in section 1.13 (d) herein), no payment shall be made hereunder without complying with said FDIC Rules.

Appears in 5 contracts

Samples: Executive Supplemental Compensation Agreement (Valley Commerce Bancorp), Supplemental Compensation Agreement (Citizens Bancorp/Or), Supplemental Compensation Agreement (Citizens Bancorp/Or)

Prohibited Payments. Notwithstanding anything in this Agreement to the contrarycontrary (and in particular in section 1.8 or section 3 hereof), if any payment made under this Agreement is a "golden parachute payment" as defined in Section 28(k) of the Federal Deposit Insurance Act (12 U.S.C. section 1828(k) and Part 359 of the Rules and Regulations of the Federal Deposit Insurance Corporation (collectively, the "FDIC Rules") or is otherwise prohibited, restricted or subject to the prior approval of a Bank RegulatorRegulator (as defined in section 1.14 (d) herein), no payment shall be made hereunder without complying with said FDIC Rules.

Appears in 3 contracts

Samples: Director Supplemental Compensation Agreement (SJNB Financial Corp), Executive Supplemental Compensation Agreement (Southwest Community Bancorp), Executive Supplemental Compensation Agreement (SJNB Financial Corp)

Prohibited Payments. Notwithstanding anything in this Agreement to the contrary, if any payment made under this Agreement is a “golden parachute payment” as defined in Section 28(k) of the Federal Deposit Insurance Act (12 U.S.C. section 1828(kSection l828(k) and Part 359 of the Rules and Regulations of the Federal Deposit Insurance Corporation (collectively, the “FDIC FDlC Rules”) or or· is otherwise prohibited, restricted or subject to the prior approval of a Bank Regulatorbanking regulator, no payment shall be made hereunder without complying with said FDIC Rules.

Appears in 3 contracts

Samples: Supplemental Compensation Agreement, Supplemental Compensation Agreement (BayCom Corp), Supplemental Compensation Agreement (BayCom Corp)

Prohibited Payments. Notwithstanding anything in this Agreement to the contrary, if any payment made under this Agreement is a “golden parachute payment” as defined in Section 28(k18(k) of the Federal Deposit Insurance Act (12 U.S.C. section 1828(k) and Part 359 of the Rules and Regulations of the Federal Deposit Insurance Corporation (collectively, the “FDIC Rules”) or is otherwise prohibited, restricted or subject to the prior approval of a Bank Regulatorbank regulator, no payment shall be made hereunder without complying with said FDIC Rules.

Appears in 3 contracts

Samples: Executive Supplemental Compensation Agreement (California BanCorp), Executive Supplemental Compensation Agreement (California BanCorp), Executive Supplemental Compensation Agreement (California BanCorp)

Prohibited Payments. Notwithstanding anything in this Agreement to the contrarycontrary (and in particular in subparagraphs 1.8 or 3 hereof), if any payment made under this Agreement is a “golden parachute payment” as defined in Section 28(k) of the Federal Deposit Insurance Act (12 U.S.C. section 1828(k) and Part 359 of the Rules and Regulations of the Federal Deposit Insurance Corporation (collectively, the “FDIC Rules”) or is otherwise prohibited, restricted or subject to the prior approval of a Bank Regulator, then no payment shall be made hereunder without complying with said FDIC Rules.

Appears in 2 contracts

Samples: Executive Supplemental Compensation Agreement (Placer Sierra Bancshares), Executive Supplemental Compensation Agreement (Southwest Community Bancorp)

Prohibited Payments. Notwithstanding anything in this Agreement to the contrarycontrary (and in particular in section 1.8 or section 3 hereof), if any payment made under this Agreement is a “golden parachute payment” as defined in Section 28(k) of the Federal Deposit Insurance Act (12 U.S.C. section 1828(k) and Part 359 of the Rules and Regulations of the Federal Deposit Insurance Corporation (collectively, the “FDIC Rules”) or is otherwise prohibited, restricted or subject to the prior approval of a Bank RegulatorRegulator (as defined in section 1.14 (d) herein), no payment shall be made hereunder without complying with said FDIC Rules.

Appears in 2 contracts

Samples: Executive Supplemental Compensation Agreement (Placer Sierra Bancshares), Director Supplemental Compensation Agreement (Greater Bay Bancorp)

Prohibited Payments. Notwithstanding anything in this Agreement to the contrarycontrary (and in particular in subparagraphs 1.8 or 3 hereof), if any payment made under this Agreement is a "golden parachute payment" as defined in Section 28(k) of the Federal Deposit Insurance Act (12 U.S.C. section 1828(k) and Part 359 .359 of the Rules and of Regulations of the Federal Deposit Insurance Corporation (collectively, the "FDIC Rules") or is otherwise prohibited, restricted or subject to the prior approval of a Bank Regulatorbank regulator, then no payment shall be made hereunder without complying with said FDIC Rules.

Appears in 1 contract

Samples: Executive Supplemental Compensation Agreement (Southwest Community Bancorp)

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Prohibited Payments. Notwithstanding anything in this Agreement to the contrarycontrary (and in particular in Section 1.9 or section 3 hereof), if any payment made under this Agreement is a "golden parachute payment" as defined in Section 28(k) of the Federal Deposit Insurance Act (12 U.S.C. section 1828(k) and Part 359 of the Rules and Regulations of the Federal Deposit Insurance Corporation (collectively, the "FDIC Rules") or is otherwise prohibited, restricted or subject to the prior approval of a Bank RegulatorRegulator (as defined in section 1.13 (d) herein), no payment shall be made hereunder without complying with said FDIC Rules.

Appears in 1 contract

Samples: Executive Supplemental Compensation Agreement (North Bay Bancorp/Ca)

Prohibited Payments. Notwithstanding anything in this Agreement to the contrarycontrary (and in particular in subparagraphs 1.8 or 3 hereof), if any payment made under this Agreement is a “golden parachute payment” as defined in Section 28(k) of the Federal Deposit Insurance Act (12 U.S.C. section 1828(k) and Part 359 .359 of the Rules and of Regulations of the Federal Deposit Insurance Corporation (collectively, the “FDIC Rules”) or is otherwise prohibited, restricted or subject to the prior approval of a Bank Regulatorbank regulator, then no payment shall be made hereunder without complying with said FDIC Rules.

Appears in 1 contract

Samples: Executive Supplemental Compensation Agreement (Placer Sierra Bancshares)

Prohibited Payments. Notwithstanding anything in this Agreement to the contrary, if any payment made under this Agreement is a "golden parachute payment" as defined in Section 28(k) of the Federal Deposit Insurance Act (12 U.S.C. section 1828(k) and Part 359 of the Rules and Regulations of the Federal Deposit Insurance Corporation (collectively, the "FDIC Rules") or is otherwise prohibited, restricted or subject to the prior approval of a Bank Regulator, no payment shall be made hereunder without complying with said FDIC Rules.

Appears in 1 contract

Samples: Executive Supplemental Compensation Agreement (Columbia Banking System Inc)

Prohibited Payments. Notwithstanding anything in this Agreement to the contrary, if any payment made under this Agreement is a “golden parachute payment” as defined in Section 28(k) of the Federal Deposit Insurance Act (12 U.S.C. section Section 1828(k) and Part 359 of the Rules and Regulations of the Federal Deposit Insurance Corporation (collectively, the “FDIC Rules”) or is otherwise prohibited, restricted or subject to the prior approval of a Bank Regulatorbanking regulator, no payment shall be made hereunder without complying with said FDIC Rules.

Appears in 1 contract

Samples: Supplemental Compensation Agreement (BayCom Corp)

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