Common use of Restriction on Timing of Distribution Clause in Contracts

Restriction on Timing of Distribution. Notwithstanding any provision of this Agreement to the contrary, if the Director is considered a Specified Employee at Separation from Service under such procedures as established by the Company and/or the Bank in accordance with Section 409A of the Code, benefit distributions that are made upon Separation from Service may not commence earlier than six (6) months after the date of such Separation from Service. Therefore, in the event this Section 4.5 is applicable to the Director, any distribution which would otherwise be paid to the Director within the first six months following the Separation from Service shall be accumulated and paid to the Director in a lump sum on the first day of the seventh month following the Separation from Service. All subsequent distributions shall be paid in the manner specified.

Appears in 2 contracts

Samples: Director Deferred Compensation Agreement (Sussex Bancorp), Director Deferred Compensation Agreement (Sussex Bancorp)

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Restriction on Timing of Distribution. Notwithstanding any provision of this Agreement to the contrary, if the Director is considered a Specified Employee at Separation from Service under such procedures as established by the Company and/or the Bank in accordance with Section 409A of the Code, benefit distributions that are made upon Separation from Service may not commence earlier than six (6) months after the date of such Separation from Service. Therefore, in the event this Section 4.5 4.3 is applicable to the Director, any distribution which would otherwise be paid to the Director within the first six months following the Separation from Service shall be accumulated and paid to the Director in a lump sum on the first day of the seventh month following the Separation from Service. All subsequent distributions shall be paid in the manner specified.

Appears in 2 contracts

Samples: Director Deferred Compensation Agreement (First Farmers & Merchants Corp), First Farmers and Merchants Corporation Director Deferred Compensation Agreement (First Farmers & Merchants Corp)

Restriction on Timing of Distribution. Notwithstanding any provision of this Agreement to the contrary, if the Director is considered a Specified Employee at Separation from Service under such procedures as established by the Company and/or the Bank Corporation in accordance with Section 409A of the Code, benefit distributions that are made upon Separation from Service may not commence earlier than six (6) months after the date of such Separation from Service. Therefore, in the event this Section 4.5 4.3 is applicable to the Director, any distribution which would otherwise be paid to the Director within the first six months following the Separation from Service shall be accumulated and paid to the Director in a lump sum on the first day of the seventh month following the Separation from Service. All subsequent distributions shall be paid in the manner specified.

Appears in 1 contract

Samples: Director Deferred Compensation Agreement (First Farmers & Merchants Corp)

Restriction on Timing of Distribution. Notwithstanding any provision of this Agreement to the contrary, if the Director is considered a Specified Employee at Separation from Service under such procedures as established by Service, the Company and/or the Bank in accordance with provisions of this Section 409A of the Code, benefit 4.5 shall govern all distributions hereunder. Benefit distributions that are made upon due to a Separation from Service may occurring while the Director is a Specified Employee shall not commence earlier than be made during the first six (6) months after the date of such following Separation from Service. Therefore, in the event this Section 4.5 is applicable to the DirectorRather, any distribution which would otherwise be paid to the Director within the first six months following the Separation from Service during such period shall be accumulated and paid to the Director in a lump sum on the first day of the seventh month following the Separation from Service. All subsequent distributions shall be paid in the manner specified.

Appears in 1 contract

Samples: Neighborhood Community Bank (Newnan Coweta Bancshares Inc)

Restriction on Timing of Distribution. Notwithstanding any provision of this Agreement to the contrary, if the Director is considered a Specified Employee at Separation from Service under such procedures as established by the Company and/or the Bank in accordance with Section 409A of the Code, benefit distributions that are made upon Separation from Service may not commence earlier than six (6) months after the date of such Separation from Service. Therefore, in the event this Section 4.5 is applicable to the Director, any distribution which would otherwise be paid to the Director within the first six months following the Separation from Service shall be accumulated and paid to the Director in a lump sum on the first day of the seventh month following the Separation from Service. All subsequent distributions shall be paid in the manner specified.

Appears in 1 contract

Samples: Director Deferred Fee Agreement (Central Valley Community Bancorp)

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Restriction on Timing of Distribution. Notwithstanding any provision of this Agreement to the contrary, if the Director is considered a Specified Employee at Separation from Service under such procedures as established by the Company and/or the Bank in accordance with Section 409A of the Code, benefit distributions that are made upon Separation from Service may not commence earlier than six (6) months after the date of such Separation from Service. Therefore, in the event this Section 4.5 4.6 is applicable to the Director, any distribution which would otherwise be paid to the Director within the first six months following the Separation from Service shall be accumulated and paid to the Director in a lump sum on the first day of the seventh month following the Separation from Service. All subsequent distributions shall be paid in the manner specified.

Appears in 1 contract

Samples: Pacific Premier Bank Director Deferred Compensation Agreement (Pacific Premier Bancorp Inc)

Restriction on Timing of Distribution. Notwithstanding any provision of this Agreement to the contrary, if the Director is considered a Specified Employee at Separation from Service Service, the provisions under such procedures as established by the Company and/or the Bank in accordance with this Section 409A of the Code, benefit 4.6 shall govern all distributions hereunder. Benefit distributions that are made upon due to a Separation from Service may occurring while the Director is a Specified Employee shall not commence earlier than be made during the first six (6) months after the date of such following Separation from Service. Therefore, in the event this Section 4.5 is applicable to the DirectorRather, any distribution which would otherwise be paid to the Director within the first six months following the Separation from Service during such period shall be accumulated and paid to the Director in a lump sum on the first day of the seventh month following the Separation from Service. All subsequent distributions shall be paid in the manner specified.

Appears in 1 contract

Samples: Director Deferred Fee Agreement (Madison County Financial, Inc.)

Restriction on Timing of Distribution. Notwithstanding any provision of this Agreement to the contrary, if the Director is considered a Specified Employee at Separation from Service under such procedures as established by the Company and/or the Bank in accordance with Section 409A of the Code, benefit distributions that are made upon Separation from Service may not commence earlier than six (( 6) months after the date of such Separation from Service. Therefore, in the event this Section 4.5 2.5 is applicable to the Director, any distribution which would otherwise be paid to the Director within the first six months following the Separation from Service shall be accumulated and paid to the Director in a lump sum on the first day of the seventh month following the Separation from Service. All subsequent distributions shall be paid in the manner specified.. Mxxxxx Savings Bank Director Retirement Agreement

Appears in 1 contract

Samples: Director Retirement Agreement (Mercer Bancorp, Inc.)

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