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AMENDMENT
TO THE
FIRSTMERIT CORPORATION
EXECUTIVE SUPPLEMENTAL RETIREMENT PLAN
WHEREAS,
FirstMerit Corporation, an Ohio corporation (the
“Corporation”), adopted the FirstMerit Corporation
Executive Supplemental Retirement Plan (the “Plan”),
originally effective as of February 13, 1987, and amended and
restated effective as of August 28, 1995, January 1, 2001
and December 31, 2008; and
WHEREAS,
Section 9.07 of the Plan provides that the Corporation may
amend the Plan from time to time, provided that such amendment does
not reduce the benefits or rights of any Member (as defined in the
Plan) or his Beneficiary (as defined in the Plan) accrued prior to
the date of such amendment; and
WHEREAS,
the Corporation desires to make certain amendments to the
Plan;
NOW,
THEREFORE, the Corporation hereby amends the Plan, effective as of
January 8, 2009, by:
1.
Deleting Section 2.03 in its entirety and by substituting
therefor the following:
“
Section 2.03 “Attained Age” shall mean the
age of a Member as of his or her last birthday. Notwithstanding the
foregoing, for purposes of Section 4.02, the Attained Age of
the CEO shall be increased by six (6) years, unless the
CEO’s em
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