Amendment #1 To The
Monarch Community Bancorp, Inc.
THIS AMENDMENT (the “Amendment”), is made and
entered into as of December 31, 2008 by and between Monarch
Community Bancorp, Inc., on its behalf and on behalf of all of its
subsidiaries and affiliated corporations or associations
(“Affiliates”), located at 375 North Willowbrook Road,
Coldwater, Michigan 49036 (collectively referred to as the
“Company”), and Donald L. Denney
(“Executive”).
WHEREAS , the Executive serves as President and Chief
Executive Officer of the Company and the Company’s Affiliate,
Monarch Community Bank (the “Bank”) pursuant to the
terms of an employment agreement dated September 20, 2006 (the
“Agreement”); and
WHEREAS , the Company and the Executive wish to amend the
Agreement to satisfy the requirements of Section 409A of the
Internal Revenue Code; and
WHEREAS , except as otherwise provided in this Amendment,
the Agreement shall continue in full force and effect.
NOW, THEREFORE , in consideration of the premises and of the
covenants herein and for other good and valuable consideration, the
receipt and sufficiency of which are hereby acknowledged, the
Company, the Bank and the Executive agree to amend the Agreement as
follows:
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1.
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Section 6 of the Agreement is
amended to provide as follows:
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6.
Expenses. During the Term of this Agreement, Executive shall
be entitled to receive prompt reimbursement of all reasonable
expenses incurred (in accordance with the policies and procedures
of the Company and the Bank) in performing services under this
Agreement, provided that Executive properly accounts for expenses
in accordance with the policies of the Company and the Bank.
Reimbursement under this section will be paid no later than
March 15 of the calendar year following the calendar year in
which the expenses were incurred.
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2.
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Section 7(d) of the Agreement
is amended to provide as follows:
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(d)
Conferences and Continuing Education . Executive
shall be permitted to attend appropriate industry-wide and
statewide banking conventions and professional development meetings
necessary to keep Executive abreast of developments in the
industry. All reasonable expenses of attending such meetings,
including the attendance by Executive’s spouse, shall be at
the expense of the Company. Reimbursement under this section will
be paid no later than March 15 of the calendar year following
the calendar year in which the expenses were incurred.