Successors; Binding Agreement. By an assumption agreement in form and substance satisfactory to the Executive, the Bank shall require any successor (whether direct or indirect, by purchase, merger, consolidation, or otherwise) to all or substantially all of the business or assets of the Bank to expressly assume and agree to perform this Agreement in the same manner and to the same extent that the Bank would be required to perform this Agreement had no succession occurred.
Appears in 82 contracts
Samples: Salary Continuation Agreement (Carolina Bank Holdings Inc), Amended Salary Continuation Agreement (Crescent Financial Corp), Salary Continuation Agreement (Carolina Bank Holdings Inc)
Successors; Binding Agreement. By an assumption agreement in form and substance satisfactory to the Executive, the Bank shall require any successor (whether direct or indirect, by purchase, merger, consolidation, or otherwise) to all or substantially all of the Bank’s business or assets of the Bank to expressly assume and agree to perform this Agreement in the same manner and to the same extent that the Bank would be required to perform this Agreement had no succession occurred.
Appears in 42 contracts
Samples: Salary Continuation Agreement (Cortland Bancorp Inc), Salary Continuation Agreement (Investar Holding Corp), Salary Continuation Agreement (Investar Holding Corp)
Successors; Binding Agreement. By an assumption agreement in form and substance satisfactory to the Executive, the Bank shall require any successor (whether direct or indirect, by purchase, merger, consolidation, or otherwise) to all or substantially all of the business or assets of the Bank to expressly assume and agree to perform this Agreement in the same manner and to the same extent that the Bank would be required to perform this Agreement had if no succession had occurred.
Appears in 22 contracts
Samples: Endorsement Split Dollar Agreement (First Reliance Bancshares Inc), Endorsement Split Dollar Agreement (Bank of Wilmington CORP), Endorsement Split Dollar Agreement (Midcarolina Financial Corp)
Successors; Binding Agreement. By an assumption agreement in form and substance satisfactory to the Executive, the The Bank shall will require any successor (whether direct or indirect, by purchase, merger, consolidation, or otherwise) to all or substantially all of the business or assets of the Bank Bank, by an assumption agreement in form and substance satisfactory to the Executive, to expressly assume and agree to perform this Agreement in the same manner and to the same extent that the Bank would be required to perform this Agreement if no such succession had no succession occurred.
Appears in 18 contracts
Samples: First Reliance Bank Salary Continuation Agreement (First Reliance Bancshares Inc), Salary Continuation Agreement (Oak Ridge Financial Services, Inc.), Salary Continuation Agreement (Greenville First Bancshares Inc)
Successors; Binding Agreement. By an assumption agreement in form and substance satisfactory to the Executive, the Bank shall will require any successor (whether direct or indirect, by purchase, merger, consolidation, or otherwise) to all or substantially all of the business or assets of the Bank to expressly assume and agree to perform this Agreement in the same manner and to the same extent that the Bank would be required to perform this Agreement if no such succession had no succession occurred.
Appears in 10 contracts
Samples: Income Agreement (Premierwest Bancorp), Income Agreement (Premierwest Bancorp), Income Agreement (Premierwest Bancorp)
Successors; Binding Agreement. By an assumption agreement in form and substance satisfactory to the Executive, the Bank shall will require any successor (whether direct or indirect, by purchase, merger, consolidation, or otherwise) to all or substantially all of the Bank’s business or assets of the Bank to expressly assume and agree to perform this Agreement in the same manner and to the same extent that the Bank would be required to perform this Agreement had no succession occurred.
Appears in 10 contracts
Samples: Continuation Agreement (Cortland Bancorp Inc), Continuation Agreement (Cortland Bancorp Inc), Middlefield Banking Company (Middlefield Banc Corp)
Successors; Binding Agreement. By an assumption agreement in form and substance satisfactory to the ExecutiveDirector, the Bank shall require any successor (whether direct or indirect, by purchase, merger, consolidation, consolidation or otherwise) to all or substantially all of the business or assets of the Bank to expressly assume and agree to perform this Agreement in the same manner and to the same extent that the Bank would be required to perform this Agreement had no succession occurred.
Appears in 9 contracts
Samples: Director Retirement Agreement (Carolina Bank Holdings Inc), Director Retirement Agreement (Carolina Bank Holdings Inc), Director Retirement Agreement (Carolina Bank Holdings Inc)
Successors; Binding Agreement. By an assumption agreement in form and substance satisfactory to the Executive, the Bank shall will require any successor (whether direct or indirect, by purchase, merger, consolidation, consolidation or otherwise) to all or substantially all of the business or assets of the Bank to expressly assume and agree to perform this Agreement in the same manner and to the same extent that the Bank would be required to perform this Agreement if no such succession had no occurred. The Bank's failure to obtain such an assumption agreement before the succession occurredbecomes effective shall be considered a breach of this Agreement and shall entitle the Executive to the Change-in-Control benefit provided in Section 2.4.
Appears in 9 contracts
Samples: Salary Continuation Agreement (First Northern Community Bancorp), Salary Continuation Agreement (Newmil Bancorp Inc), Continuation Agreement (Intermountain Community Bancorp)
Successors; Binding Agreement. By an assumption agreement in form Form and substance satisfactory to the Executive, the Bank shall require any successor (whether direct or indirect, by purchase, merger, consolidation, or otherwise) to all or substantially all of the business or assets of the Bank to expressly assume and agree to perform this Agreement in the same manner and to the same extent that the Bank would be required to perform this Agreement had no succession occurred.
Appears in 5 contracts
Samples: Continuation Agreement (Paragon Commercial CORP), Continuation Agreement (Paragon Commercial CORP), Continuation Agreement (Paragon Commercial CORP)
Successors; Binding Agreement. By an assumption agreement in form and substance satisfactory to the ExecutiveEmployee, the Bank shall will require any successor (whether direct or indirect, by purchase, merger, consolidation, or otherwise) to all or substantially all of the business or assets of the Bank to expressly assume and agree to perform this Agreement in the same manner and to the same extent that the Bank would be required to perform this Agreement if no such succession had no succession occurred.
Appears in 4 contracts
Samples: Executive Survivor Income Agreement (Quaint Oak Bancorp Inc), Executive Survivor Income Agreement (Quaint Oak Bancorp Inc), Income Agreement (Willow Grove Bancorp Inc/New)
Successors; Binding Agreement. By an assumption agreement in form and substance satisfactory to the Executive, the (a) The Bank shall will require any successor (whether direct or indirect, by purchase, merger, consolidation, or otherwise) to all or substantially all of the business or and/or assets of the Bank to expressly assume and agree to perform this Agreement in the same manner and to the same extent that the Bank would be required to perform it if no such succession had taken place. As used in this Agreement had no succession occurred.Agreement, “
Appears in 4 contracts
Samples: Employment Agreement (Royal Bancshares of Pennsylvania Inc), Employment Agreement (Univest Corp of Pennsylvania), Employment Agreement (Univest Corp of Pennsylvania)
Successors; Binding Agreement. By an assumption agreement in form and substance satisfactory to the Executive, the Bank shall require any successor (whether direct or indirect, by purchase, merger, consolidation, or otherwise) to all or substantially all of the business or assets of the Bank to expressly assume and agree to perform this Agreement in the same manner and to the same extent that the Bank would be required to perform this Agreement if no such succession had no succession occurred.
Appears in 4 contracts
Samples: Amended Salary Continuation Agreement (Southern Community Financial Corp), Salary Continuation Agreement (Southern Community Financial Corp), Amended Salary Continuation Agreement (Southern Community Financial Corp)
Successors; Binding Agreement. By an assumption agreement in form and substance satisfactory to the Executive, the The Bank shall require any successor (whether direct or indirect, by purchase, merger, consolidation, or otherwise) to all or substantially all of the business or assets of the Bank Bank, by an assumption agreement in form and substance satisfactory to the Executive, to expressly assume and agree to perform this Agreement in the same manner and to the same extent that the Bank would be required to perform this Agreement if no such succession had no succession occurred.
Appears in 4 contracts
Samples: Salary Continuation Agreement (Bank of Wilmington CORP), Salary Continuation Agreement (Bank of Wilmington CORP), Salary Continuation Agreement (Bank of Wilmington CORP)
Successors; Binding Agreement. By an assumption agreement in form and substance satisfactory to the Executive, the Bank shall will require any successor (whether direct or indirect, by purchase, merger, consolidation, consolidation or otherwise) to all or substantially all of the business or assets of the Bank to expressly assume and agree to perform this Agreement in the same manner and to the same extent that the Bank would be required to perform this Agreement if no such succession had no succession occurred.
Appears in 4 contracts
Samples: Salary Continuation Agreement (Newmil Bancorp Inc), Salary Continuation Agreement (Newmil Bancorp Inc), Salary Continuation Agreement (Newmil Bancorp Inc)
Successors; Binding Agreement. By an assumption agreement in form and substance satisfactory to the ExecutiveDirector, the Bank shall require any successor (whether direct or indirect, by purchase, merger, consolidation, consolidation or otherwise) to all or substantially all of the business or assets of the Bank or Middlefield Banc Corp. to expressly assume and agree to perform this Agreement in the same manner and to the same extent that the Bank would be required to perform this Agreement had no succession occurred.
Appears in 4 contracts
Samples: Middlefield Banking Company (Middlefield Banc Corp), Retirement Agreement (Middlefield Banc Corp), Retirement Agreement (Middlefield Banc Corp)
Successors; Binding Agreement. By an assumption agreement in form and substance satisfactory to the Executive, the Bank shall will require any successor (whether direct or indirect, by purchase, merger, consolidation, or otherwise) to all or substantially all of the Bank’s business or assets of the Bank to expressly assume and agree to perform this Agreement in the same manner and to the same extent that the Bank would be required to perform this Agreement had no succession occurred.. 8.6
Appears in 3 contracts
Samples: Continuation Agreement (BNC Bancorp), Continuation Agreement (BNC Bancorp), Continuation Agreement (BNC Bancorp)
Successors; Binding Agreement. By an assumption agreement in form and substance satisfactory to the Executive, the Bank shall require any successor (whether direct or indirect, by purchase, merger, consolidation, or otherwise) to all or substantially all of the business or assets of the Bank to expressly assume and agree to perform this Agreement in the same manner and to the same extent that the Bank would be required to perform this Agreement had no succession occurred.. 7.6
Appears in 3 contracts
Samples: Tidelands Bank salary Continuation Agreement (Tidelands Bancshares Inc), Tidelands Bank Salary Continuation Agreement (Tidelands Bancshares Inc), Tidelands Bank Salary Continuation Agreement (Tidelands Bancshares Inc)
Successors; Binding Agreement. By an assumption agreement in form and substance satisfactory to the Executive, the Bank shall require any successor (whether direct or indirect, by purchase, merger, consolidation, or otherwise) to all or substantially all of the Bank’s business or assets of the Bank to expressly assume and agree to perform this Agreement in the same manner and to the same extent that the Bank would be required to perform this Agreement if no such succession had no succession occurred.
Appears in 3 contracts
Samples: Compensation Agreement (Middlefield Banc Corp), Compensation Agreement (Middlefield Banc Corp), Compensation Agreement (Middlefield Banc Corp)
Successors; Binding Agreement. By an assumption agreement in form and substance satisfactory to the Executive, the The Bank shall will require any successor (whether direct or indirect, by purchase, merger, consolidation, consolidation or otherwise) to all or substantially all of the business or and/or assets of the Bank Bank, by an assumption agreement in form and substance satisfactory to the Director, to expressly assume and agree to perform the obligations under this Agreement in the same manner and Agreement. The Bank's failure to the same extent that the Bank would obtain such an assumption agreement before such succession becomes effective shall be required to perform considered a breach of this Agreement had no succession occurredAgreement.
Appears in 3 contracts
Samples: Director Retirement Agreement (American River Bankshares), Director Retirement Agreement (American River Bankshares), Director Retirement Agreement (American River Bankshares)
Successors; Binding Agreement. By an assumption agreement in form and substance satisfactory to the Executive, the Bank shall require any successor (whether direct or indirect, by purchase, merger, consolidation, or otherwise) to all or substantially all of the business or assets of the Bank to expressly assume and agree to perform this Agreement in the same manner and to the same extent that the Bank would be required to perform this Agreement had no succession occurred.. 8.5
Appears in 3 contracts
Samples: Endorsement Split Dollar Agreement (Tidelands Bancshares Inc), Endorsement Split Dollar Agreement (Tidelands Bancshares Inc), Endorsement Split Dollar Agreement (Tidelands Bancshares Inc)
Successors; Binding Agreement. By an assumption agreement in form and substance satisfactory to the Executive, the Bank shall require any successor (whether direct or indirect, by purchase, merger, consolidation, or otherwise) to all or substantially all of the business or assets of the Bank to expressly assume and agree to perform this Agreement in the same manner and to the same extent that the Bank would be required to perform this Agreement had no succession occurred.
Appears in 2 contracts
Samples: Salary Continuation Agreement (Crescent Financial Corp), Salary Continuation Agreement (Crescent Financial Corp)
Successors; Binding Agreement. By an assumption agreement in form and substance satisfactory to the Executive, the Bank shall require any successor (whether direct or indirect, by purchase, merger, consolidation, consolidation or otherwise) to all or substantially all of the business or assets of the Bank to expressly assume and agree to perform this Agreement in the same manner and to the same extent that the Bank would be required to perform this Agreement had no succession occurred.
Appears in 2 contracts
Samples: Continuation Agreement (Intermountain Community Bancorp), Continuation Agreement (Intermountain Community Bancorp)
Successors; Binding Agreement. By an assumption agreement in form and substance satisfactory to the Executive, the Bank shall require any successor (whether direct or indirect, by purchase, merger, consolidation, or otherwise) to all or substantially all of the Bank’s business or assets of the Bank to expressly assume and agree to perform this Agreement in the same manner and to the same extent that the Bank would be required to perform this Agreement had no succession occurred.
Appears in 2 contracts
Samples: Executive Employment Agreement (CBTX, Inc.), Continuation Agreement (CBTX, Inc.)
Successors; Binding Agreement. By an assumption agreement in form and substance satisfactory to the Executive, the Bank shall require any successor (whether direct or indirect, by purchase, merger, consolidation, consolidation or otherwise) to all or substantially all of the business or assets of the Bank to expressly assume and agree to perform this Split Dollar Agreement in the same manner and to the same extent that the Bank would be required to perform this Split Dollar Agreement had if no succession had occurred.
Appears in 2 contracts
Samples: Continuation Agreement (American River Bankshares), Dollar Agreement (American River Bankshares)
Successors; Binding Agreement. By an assumption agreement in form and substance satisfactory to the Executive, the Bank shall require any successor (whether direct or indirect, by purchase, merger, consolidation, or otherwise) to all or substantially all of the business or assets of the Bank to expressly assume and agree to perform this Agreement in the same manner and to the same extent that the Bank would be required to perform this Agreement had no succession occurred.or
Appears in 2 contracts
Samples: Tidelands Bank Salary Continuation Agreement (Tidelands Bancshares Inc), Tidelands Bank Salary Continuation Agreement (Tidelands Bancshares Inc)
Successors; Binding Agreement. By an assumption agreement in ----------------------------- form and substance satisfactory to the Executive, the Bank shall require any successor (whether direct or indirect, by purchase, merger, consolidation, or otherwise) to all or substantially all of the business or assets of the Bank to expressly assume and agree to perform this Agreement in the same manner and to the same extent that the Bank would be required to perform this Agreement had if no succession had occurred.
Appears in 1 contract
Samples: Split Dollar Agreement and Endorsement (BNC Bancorp)
Successors; Binding Agreement. By an assumption agreement in form and substance satisfactory to the Executive, the Bank shall will require any successor (whether direct or indirect, by purchase, merger, consolidation, or otherwise) to all or substantially all of the business or assets of the Bank to expressly assume and agree to perform this Agreement in the same manner and to the same extent that mat the Bank would be required to perform this Agreement if no such succession had no succession occurred.
Appears in 1 contract
Samples: Executive Survivor Income Agreement (Premierwest Bancorp)
Successors; Binding Agreement. By an assumption agreement in form and substance satisfactory to the ExecutiveOfficer, the Bank shall require any successor (whether direct or indirect, by purchase, merger, consolidation, or otherwise) to all or substantially all of the business or assets of the Bank to expressly assume and agree to perform this Agreement in the same manner and to the same extent that the Bank would be required to perform this Agreement had if no succession had occurred.
Appears in 1 contract
Samples: Endorsement Split Dollar Agreement (Midcarolina Financial Corp)
Successors; Binding Agreement. By an assumption agreement in form and substance satisfactory to the Executive, the Bank shall require any successor (whether direct or indirect, by purchase, merger, consolidation, or otherwise) to all or substantially all of the business or assets of the Bank to expressly assume and agree to perform this Split Dollar Agreement in the same manner and to the same extent that the Bank would be required to perform this Split Dollar Agreement had no succession occurred.
Appears in 1 contract
Samples: Split Dollar Agreement and Endorsement (Fidelity Southern Corp)
Successors; Binding Agreement. By an assumption agreement in form and substance satisfactory to the Executive, the Bank shall require any successor (whether direct or indirect, by purchase, merger, consolidation, or otherwise) to all or substantially all of the business or assets of the Bank to expressly assume and agree to perform this Agreement in the same manner and to the same extent that the Bank would be required to perform this Agreement had no succession occurred.. Xxxxx split dollar agreement October 11, 2017
Appears in 1 contract
Samples: 2017 Split Dollar Agreement and Endorsement (Sb Financial Group, Inc.)
Successors; Binding Agreement. By an assumption agreement in form and substance satisfactory to the Executive, the Bank shall require any successor (whether direct or indirect, by purchase, merger, consolidation, or otherwise) to all or substantially all of the business or assets of the Bank to expressly assume and agree to perform this Agreement in the same manner and to the same extent that the Bank would be required to perform this Agreement had no succession occurred.. Exhibit 10.10
Appears in 1 contract
Samples: Salary Continuation Agreement (Fidelity Southern Corp)
Successors; Binding Agreement. By an assumption agreement in form and substance satisfactory to the Executive, the Bank shall require any successor (whether direct or indirect, by purchase, merger, consolidation, or otherwise) to all or substantially all of the Bank's business or assets of the Bank to expressly assume and agree to perform this Agreement in the same manner and to the same extent that the Bank would be required to perform this Agreement if no such succession had no succession occurred.
Appears in 1 contract
Samples: Continuation Agreement (BNC Bancorp)
Successors; Binding Agreement. By an assumption agreement in form and substance satisfactory to the Executive, the The Bank shall require any successor (whether direct or indirect, by purchase, merger, consolidation, or otherwise) to all or substantially all of the business or assets of the Bank Bank, by an assumption agreement in form and substance satisfactory to the Executive, to expressly assume and agree to perform this Agreement in the same manner and to the same extent that the Bank would be required to perform this Agreement had no succession occurred.
Appears in 1 contract
Samples: Salary Continuation Agreement (First Reliance Bancshares Inc)
Successors; Binding Agreement. By an assumption agreement in form and substance satisfactory to the Executive, the The Bank shall require any successor (whether direct or indirect, by purchase, merger, consolidation, or otherwise) to all or substantially all of the business or assets of the The Bank to expressly assume and agree to perform this Agreement in the same manner and to the same extent that the The Bank would be required to perform this Agreement had if no succession had occurred.. 8.5
Appears in 1 contract
Successors; Binding Agreement. By an assumption agreement in form and substance satisfactory to the Executive, the Bank shall require any successor (whether direct or indirect, by purchase, merger, consolidation, or otherwise) to all or substantially all of the Bank's business or assets of the Bank to expressly assume and agree to perform this Agreement in the same manner and to the same extent that the Bank would be required to perform this Agreement had no succession occurred.
Appears in 1 contract
Samples: Southern Michigan Bancorp Inc
Successors; Binding Agreement. By an assumption agreement in form and substance satisfactory to the Executive, the Bank shall require any successor (whether direct or indirect, by purchase, merger, consolidation, or otherwise) to all or substantially all of the business or assets of the Bank to expressly assume and agree to perform this Agreement in the same manner Exhibit 10.9 and to the same extent that the Bank would be required to perform this Agreement had no succession occurred.
Appears in 1 contract
Samples: Salary Continuation Agreement (Fidelity Southern Corp)
Successors; Binding Agreement. By an assumption agreement in form and substance satisfactory to the ExecutiveDirector, the Bank shall require any successor (whether direct director or indirect, by purchase, merger, consolidation, consolidation or otherwise) to all or substantially all of the business or assets of the Bank Bank, to expressly assume and agree to perform this split Dollar Agreement in the same manner and to the same extent that the Bank would be required to perform this Split Dollar Agreement had if no succession had occurred, unless the Change in Control benefits of the Director Retirement Agreement have been or are being paid.
Appears in 1 contract
Samples: Director Retirement Agreement (American River Bankshares)
Successors; Binding Agreement. By an assumption agreement in form and substance satisfactory to the Executive, the Bank shall require any successor (whether direct or indirect, by purchase, merger, consolidation, or otherwise) to all or substantially all of the business or assets of the Bank to expressly assume and agree to perform this Agreement in the same manner and to the same extent that the Bank would be required to perform this Agreement had no succession occurredAgreement.
Appears in 1 contract
Samples: Cumberland Bank Endorsement Split Dollar Agreement (Civitas Bankgroup Inc)
Successors; Binding Agreement. By an assumption agreement in form and substance satisfactory to the Executive, the Bank shall will require any successor (whether direct or indirect, by purchase, merger, consolidation, or otherwise) to all or substantially all of the business or assets of the Bank to expressly assume and agree to perform this Agreement in the same manner and to the same extent that the Bank would be required to perform this Agreement had no succession occurred.
Appears in 1 contract
Samples: Salary Continuation Agreement (Eagle Bancorp Montana, Inc.)
Successors; Binding Agreement. By an assumption agreement in form and substance satisfactory to the Executive, the Bank shall require any successor (whether direct or indirect, by purchase, merger, consolidation, or otherwise) to all or substantially all of the business or assets of the Bank to expressly assume and agree to perform this Agreement in the same manner and to the same extent that the Bank would be required to perform this Agreement had no succession occurred.. Xxxxxxxxx split dollar agreement October 11, 2017
Appears in 1 contract
Samples: 2017 Split Dollar Agreement and Endorsement (Sb Financial Group, Inc.)
Successors; Binding Agreement. By an assumption agreement in form and substance satisfactory to the Executive, the Bank shall require any successor (whether direct or indirect, by purchase, merger, consolidation, or otherwise) to all or substantially all of the business or assets of the Bank to expressly assume and agree to perform this Agreement in the same manner and to the same extent that the Bank would be required to perform this Agreement had no succession occurred.. Exhibit 10.8
Appears in 1 contract
Samples: Salary Continuation Agreement (Fidelity Southern Corp)
Successors; Binding Agreement. By an assumption agreement in form and substance satisfactory to the Executive, the Bank shall require any successor (whether direct or indirect, by purchase, merger, consolidation, or otherwise) to all or substantially all of the business or assets of the Bank to expressly assume and agree to perform this Agreement in the same manner and to the same extent that the Bank would be required to perform this Agreement had if no succession had occurred.. 245
Appears in 1 contract
Samples: Endorsement Split Dollar Agreement (Citizens South Banking Corp)
Successors; Binding Agreement. By an assumption agreement in ----------------------------- form and substance satisfactory to the Executive, the Bank shall require any successor (whether direct or indirect, by purchase, merger, consolidation, or otherwise) to all or substantially all of the business or assets of the Bank to expressly assume and agree to perform this Agreement in the same manner and to the same extent that the Bank would be required to perform this Agreement had no succession occurred.
Appears in 1 contract
Samples: Supplemental Executive Retirement Agreement (Cooperative Bankshares Inc)
