Exhibit 10.2
UST Sequence Number:
931
FORM OF
WAIVER
In consideration for the benefits I
will receive as a result of my employer’s participation in
the United States Department of the Treasury’s TARP Capital
Purchase Program, I hereby voluntarily waive any claim against the
United States or any state or territory thereof or my employer or
any of its directors, officers, employees and agents for any
changes to my compensation or benefits that are required in order
to comply with Section 111 of the Emergency Economic
Stabilization Act of 2008, as amended (“ EESA
”), and rules, regulations, guidance or other requirements
issued thereunder (collectively, the “ EESA
Restrictions ”).
I acknowledge that the EESA
Restrictions may require modification of the employment,
compensation, bonus, incentive, severance, retention and other
benefit plans, arrangements, policies and agreements (including
so-called “golden parachute” agreements), whether or
not in writing, that I have with my employer or in which I
participate as they relate to the period the United States holds
any equity or debt securities of my employer acquired through the
TARP Capital Purchase Program and I hereby consent to all such
modifications. I further acknowledge and agree that if my employer
notifies me in writing that I have received payments in violation
of the EESA Restrictions, I shall repay the aggregate amount of
such payments to my employer no later than fifteen business days
following my receipt of such notice.
This waiver includes all claims I
may have under the laws of the United States or any other
jurisdiction related to the requirements imposed by the EESA
Restrictions (including without limitation, any claim for any
compensation or other payments or benefits I would otherwise
receive absent the EESA Restrictions, any challenge to the process
by which the EESA Restrictions were adopted and any tort or
constitutional claim about the effect of the foregoing on my
employment relationship) and I hereby agree that I will not at any
time initiate, or cause or permit to be initiated on my behalf, any
such claim against the United States, my employer or its directors,
officers, employees or agents in or before any local, state,
federal or other agency, court or body.
In witness whereof, I execute this
waiver on my own behalf, thereby communicating my acceptance and
acknowledgement to the provisions herein.
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Respectfully,
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Name:
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Susan K.
Still
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Title:
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President and
CEO
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Date:
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September 18,
2009
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UST Sequence Number: 931
FORM OF
WAIVER
In consideration for the benefits I
will receive as a result of my employer’s participation in
the United States Department of the Treasury’s TARP Capital
Purchase Program, I hereby voluntarily waive any claim against the
United States or any state or territory thereof or my employer or
any of its directors, officers, employees and agents for any
changes to my compensation or benefits that are required in order
to comply with Section 111 of the Emergency Economic
Stabilization Act of 2008, as amended (“ EESA
”), and rules, regulations, guidance or other requirements
issued thereunder (collectively, the “ EESA
Restrictions ”).
I acknowledge that the EESA
Restrictions may require modification of the employment,
compensation, bonus, incentive, severance, retention and other
benefit plans, arrangements, policies and agreements (including
so-called “golden parachute” agreements), whether or
not in writing, that I have with my employer or in which I
participate as they relate to the period the United States holds
any equity or debt securities of my employer acquired through the
TARP Capital Purchase Program and I hereby consent to all such
modifications. I further acknowledge and agree that if my employer
notifies me in writing that I have received payments in violation
of the EESA Restrictions, I shall repay the aggregate amount of
such payments to my employer no later than fifteen business days
following my receipt of such notice.
This waiver includes all claims I
may have under the laws of the United States or any other
jurisdiction related to the requirements imposed by the EESA
Restrictions (including without limitation, any claim for any
compensation or other payments or benefits I would otherwise
receive absent the EESA Restrictions, any challenge to the process
by which the EESA Restrictions were adopted and any tort or
constitutional claim about the effect of the foregoing on my
employment relationship) and I hereby agree that I will not at any
time initiate, or cause or permit to be initiated on my behalf, any
such claim against the United States, my employer or its directors,
officers, employees or agents in or before any local, state,
federal or other agency, court or body.
In witness whereof, I execute this
waiver on my own behalf, thereby communicating my acceptance and
acknowledgement to the provisions herein.
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Respectfully,
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/s/ Charles W. Maness,
Jr.
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Name:
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Charles W.
Maness, Jr.
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Title:
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Treasurer
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Date:
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September 18,
2009
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UST Sequence Number: 931
FORM OF
WAIVER
In consideration for the benefits I
will receive as a result of my employer’s participation in
the United States Department of the Treasury’s TARP Capital
Purchase Program, I hereby voluntarily waive any claim against the
United States or any state or territory thereof or my employer or
any of its directors, officers, employees and agents for any
changes to my compensation or benefits that are required in order
to comply with Section 111 of the Emergency Economic
Stabilization Act of 2008, as amended (“ EESA
”), and rules, regulations, guidance or other requirements
issued thereunder (collectively, the “ EESA
Restrictions ”).
I acknowledge that the EESA
Restrictions may require modification of the employment,
compensation, bonus, incentive, severance, retention and other
benefit plans, arrangements, policies and agreements (including
so-called “golden parachute” agreements), whether or
not in writing, that I have with my employer or in which I
participate as they relate to the period the United States holds
any equity or debt securities of my employer acquired through the
TARP Capital Purchase Program and I hereby consent to all such
modifications. I further acknowledge and agree that if my employer
notifies me in writing that I have received payments in violation
of the EESA Restrictions, I shall repay the aggregate amount of
such payments to my employer no later than fifteen business days
following my receipt of such notice.
This waiver includes all claims I
may have under the laws of the United States or any other
jurisdiction related to the requirements imposed by the EESA
Restrictions (including without limitation, any claim for any
compensation or other payments or benefits I would otherwise
receive absent the EESA Restrictions, any challenge to the process
by which the EESA Restrictions were adopted and any tort or
constitutional claim about the effect of the foregoing on my
employment relationship) and I hereby agree that I will not at any
time initiate, or cause or permit to be initiated on my behalf, any
such claim against the United States, my employer or its directors,
officers, employees or agents in or before any local, state,
federal or other agency, court or body.
In witness whereof, I execute this
waiver on my own behalf, thereby communicating my acceptance and
acknowledgement to the provisions herein.
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Respectfully,
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Name:
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William C.
Moses
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Title:
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Secretary
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Date:
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September 18,
2009
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FORM OF
WAIVER
In consideration for the benefits I
will receive as a result of my employer’s participation in
the United States Department of the Treasury’s TARP Capital
Purchase Program, I hereby voluntarily waive any claim against the
United States or any state or territory thereof or my employer or
any of its directors, officers, employees and agents for any
changes to my compensation or benefits that are required in order
to comply with Section 111 of the Emergency Economic
Stabili