Common use of Severance Policy Clause in Contracts

Severance Policy. Sovereign agrees to cause Sovereign Bank to provide employees of First Home Savings whose employment is terminated in connection with the Merger within six (6) months of the Effective Date, either because such employee's position is eliminated or such employee is not offered comparable employment (i.e., not offered employment for a position of generally similar job description or responsibilities in a location within thirty (30) miles from an employee's work location), excluding any employee who has an existing employment or consulting agreement or whose employment is terminated for Cause (as defined below), as follows, provided such employees execute such documentation as Sovereign may reasonably require, including Sovereign's customary form of release: (i) the thirteen employees identified on First Home's Disclosure Schedule shall be entitled to two weeks of base salary as severance pay for each year of service with First Home or First Home Savings, with a two-week minimum; and (ii) employees other than the thirteen employees identified on First Home's Disclosure Schedule shall be entitled to one week of base salary as severance pay for each year of service with First Home or First Home Savings, with a one-week minimum. For purposes of this Section 4.11(c), "Cause" shall mean termination because of the employee's personal dishonesty, failure to meet established performance goals (which shall be reasonably established), willful misconduct, breach of fiduciary duty involving personal profit, intentional failure to perform stated duties or willful violation of any law, rule or regulation (other than traffic violations or similar offenses). The benefits provided to terminated First Home or First Home Savings employees under this subsection are the only severance benefits payable by First Home or First Home Savings under any plan or policy (excluding severance benefits provided under existing employment or consulting agreements or as otherwise required by law), except for employees who do not execute the documentation required by Sovereign, which employees shall be entitled to the termination benefits provided under First Home Savings' severance policies. The benefits payable to First Home employees under this subsection or otherwise shall in any event be in lieu of any termination benefits to which such employees would otherwise be entitled under Sovereign's or Sovereign Bank's severance policies or programs then in effect.

Appears in 1 contract

Samples: Agreement (First Home Bancorp Inc \Nj\)

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Severance Policy. Sovereign Penns Woods agrees to cause Sovereign Bank JSSB to provide employees of First Home Savings any employee xx XXBSM whose employment is involuntarily terminated in connection with the Merger within six (6) months of the Effective Date, either because such employee's position is eliminated or such employee is not offered comparable employment (i.e., not offered employment for a position of generally similar job description or responsibilities in a location within thirty (30) miles from an employee's work location), excluding any employee who has an existing employment or consulting agreement or whose employment is terminated other than for Cause (as defined below), as follows, ) within one year after the Effective Date or who within such one- year period is offered but declines to accept employment at a location more than 35 miles from such employee's work location with FNBSM provided such employees execute such documentation as Sovereign Penns Woods may reasonably require, including Sovereign's customary form of release: (i) the thirteen employees identified on First Home's Disclosure Schedule shall be entitled to two weeks one week of base salary as severance pay xxxxry for each year of service with First Home or First Home Savings, FNBSM with a two-week minimumminimum of two weeks and a maximum of twenty weeks; and (ii) employees other than continued medical insurance coverage during the thirteen employees identified on First Home's Disclosure Schedule shall be entitled time period set forth in the preceding clause (i) to one week the extent permitted under Penns Woods' health insurance programs or, to the extent xxxxxmissible, reimbursement for the cost of base salary as severance pay continuation coverage provided under IRC Section 4980B(f) during the time period set forth in the preceding clause (i), and (iii) a cash payment for each any vacation days accrued but unused in the year of service with First Home or First Home Savings, with a one-week minimumin which employment terminates. For purposes of this Section 4.11(c4.10(c), "Cause" shall mean termination because of the employee's personal dishonesty, failure to meet established performance goals (which shall be reasonably established), willful misconduct, breach of fiduciary duty involving personal profit, intentional failure to perform stated duties or willful violation of any law, rule or regulation (other than traffic violations or similar offenses). The benefits provided to terminated First Home or First Home Savings FNBSM employees under this subsection are the only severance benefits payable by First Home or First Home Savings FNBSM under any plan or policy (excluding severance benefits provided under existing employment or consulting agreements or as otherwise required by law), except for employees who do not execute the documentation required by Sovereign, which employees shall be entitled to the termination benefits provided under First Home Savings' severance policiespolicy. The benefits payable to First Home FNBSM employees under this subsection or otherwise shall in any event be in lieu of any termination benefits to which such employees would otherwise be entitled under Sovereign's Penns Woods' or Sovereign BankJSSB's severance policies or programs then in thex xx effect. The benefits payable under this subsection shall not apply to any FNBSM employee who enters into a written employment agreement with Penns Woods or JSSB.

Appears in 1 contract

Samples: Agreement of Merger (Penns Woods Bancorp Inc)

Severance Policy. Sovereign agrees to cause Sovereign Bank to provide employees of First Home Savings Carnegie Bank whose employment is terminated in connection with the Merger within six three (63) months of the Effective Date, either because such employee's position is eliminated or such employee is not offered comparable employment (i.e., not offered employment for a position of generally similar job description or responsibilities in a location within thirty (30) miles from an employee's work location), excluding any employee who has an existing employment or consulting agreement or whose employment is terminated for Cause (as defined below), as follows, provided such employees execute such documentation as Sovereign may reasonably require, including Sovereign's customary form of release: (i) the thirteen employees identified on First Home's Disclosure Schedule with a title of vice president or higher and employees with five (5) or more years of service shall be entitled to two weeks of base salary as severance pay for each year of service with First Home Carnegie or First Home SavingsCarnegie Bank, with a two-week minimum; and (ii) employees with a title lower than vice president (other than the thirteen employees identified on First Home's Disclosure Schedule with five (5) or more years of service) shall be entitled to one week of base salary as severance pay for each year of service with First Home Carnegie or First Home SavingsCarnegie Bank, with a one-week minimum; and (iii) Richard Rosa shall be entitled tx xxx xxxxxx of base salary as severance pay and any additional benefits set forth on the Carnegie Disclosure Schedule. For purposes of this Section 4.11(c), "Cause" shall mean termination because of the employee's personal dishonesty, failure to meet established performance goals (which shall be reasonably established)goals, willful misconduct, breach of fiduciary duty involving personal profit, intentional failure to perform stated duties or willful violation of any law, rule or regulation (other than traffic violations or similar offenses). The benefits provided to terminated First Home or First Home Savings Carnegie and Carnegie Bank employees under this subsection are the only severance benefits payable by First Home Carnegie or First Home Savings Carnegie Bank under any plan or policy (excluding severance benefits provided under existing employment or consulting agreements or as otherwise required by law), except for employees who do not execute the documentation required by Sovereign, which employees shall be entitled to the termination benefits provided under First Home Savings' Carnegie Bank's severance policies. The benefits payable to First Home Carnegie employees under this subsection or otherwise shall in any event be in lieu of any termination benefits to which such employees would otherwise be entitled under Sovereign's or Sovereign Bank's severance policies or programs then in effect.

Appears in 1 contract

Samples: Stock Option Agreement (Carnegie Bancorp)

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Severance Policy. Sovereign Orrstown agrees to cause Sovereign Surviving Bank to provide employees severance pay, as set forth below, to any full-time, active employee of First Home Savings FNB whose employment is terminated hereafter in connection with the Merger within six up to twelve (612) months of beyond the Effective Date, either because (i) such employee's ’s position is eliminated eliminated, or (ii) such employee is not offered or retained in comparable employment (i.e., not offered employment for a position of generally similar job description or responsibilities in a location within thirty a sixty (3060) miles mile radius from an such employee's ’s current work location)location with FNB) with Surviving Bank or any Orrstown Subsidiary, excluding any employee (i) who has an existing employment or consulting agreement with FNB, (ii) who has accepted an offer from Orrstown of noncomparable employment or (iii) whose employment is terminated for Cause (as defined below), as follows, provided such employees execute employee executes such documentation as Sovereign Orrstown may reasonably require, including Sovereign's Orrstown’s customary form of release: release and provided such employee does not leave employment with Orrstown or the Surviving Bank prior to the date the systems conversion occurs. The severance pay to be provided by the Surviving Bank under this subsection shall equal two (i2) the thirteen employees identified on First Home's Disclosure Schedule shall be entitled to two weeks of base salary as severance weeks’ pay for each full year of continuous service (determined based on the date of the employee’s commencement of employment with First Home or First Home Savings, Orrstown) with a twominimum severance benefit of four (4) weeks’ pay and a maximum severance benefit of twenty-week minimum; and six (ii26) employees other than the thirteen employees identified on First Home's Disclosure Schedule shall be entitled to one week of base salary as severance pay for each year of service with First Home or First Home Savings, with a one-week minimumweeks’ pay. For purposes of this Section 4.11(c4.11(b), "Cause" shall mean termination because of the employee's ’s personal dishonesty, failure to meet established performance goals (which shall be reasonably established)and standards, willful misconduct, breach of fiduciary duty involving personal profit, intentional failure to perform stated duties or willful violation of any law, rule or regulation (other than traffic violations or similar offenses). The benefits provided to terminated First Home or First Home Savings FNB employees under this subsection are the only severance benefits payable by First Home Orrstown or First Home Savings under any plan or policy the Surviving Bank to such employees (excluding severance benefits provided under existing employment or consulting agreements or as otherwise required by law), except for employees who do not execute the documentation required by SovereignOrrstown, which employees shall be entitled to the termination benefits provided under First Home Savings' FNB’s normal severance policies. The benefits payable to First Home Orrstown’s employees under this subsection or otherwise shall in any event be in lieu of any termination benefits to which such employees would otherwise be entitled under Sovereign's or Sovereign Bank's Orrstown’s severance policies or programs then in effect.

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Orrstown Financial Services Inc)

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