Exhibit 10.4
FIRST AMENDMENT TO
AMENDED AND RESTATED CHANGE IN
CONTROL SEVERANCE AGREEMENT
THIS FIRST AMENDMENT to the AMENDED
AND RESTATED CHANGE IN CONTROL SEVERANCE AGREEMENT dated as of the
14 th day of December 2007, among First
Federal Bancshares of Arkansas, Inc., a Texas corporation (the
“Corporation”), First Federal Bank, a federally
chartered savings bank (the “Bank”), and
(the “Executive”) (the “Amended and Restated
Agreement”). The Corporation and the Bank are
collectively referred to as the “Employers”.
WITNESSETH
WHEREAS, the Employers desire to
amend the Amended and Restated Agreement in order to make changes
to comply with certain executive compensation restrictions imposed
on the Corporation in connection with its participation in the
Capital Purchase Program (“CPP”) of the U.S. Department
of Treasury’s (the “Treasury”) Troubled Asset
Relief Program and specifically Section 111 of the Emergency
Economic Stabilization Act of 2008 (the “EESA”), as
amended by Section 7001 of the American Recovery and
Reinvestment Act of 2009 (the “ARRA”).
NOW THEREFORE, in consideration of
the mutual agreements herein contained, and upon the other terms
and conditions hereinafter provided, the parties hereby agree as
follows:
1.
Section 18 of the Amended
and Restated Agreement shall become Section 19 and the
following new Section 18 added -
18.
Compliance with Troubled Asset
Purchase Program (“TARP”)
Notwithstanding any provision to
the contrary herein, during the period that any obligation arising
from financial assistance provided to the Corporation under the
TARP remains outstanding pursuant to the TARP Capital Purchase
Program (“CPP”) (excluding
