Senior Executive Officer Waiver Related to TARP Capital Purchase Program – Fidelity Southern Corporation

Summary

This waiver is signed by a senior executive officer of Fidelity Southern Corporation. By signing, the officer agrees not to make any claims against the U.S. government or the company for changes to compensation or benefits required by Treasury regulations under the TARP Capital Purchase Program. The waiver covers any modifications to pay, bonuses, benefits, or related agreements during the period the U.S. holds Fidelity Southern securities under TARP. The officer gives up any legal claims related to these changes, including those under federal or state law.

EX-10.2 6 g17108exv10w2.htm EX-10.2 EX-10.2

Exhibit No. 10.2

FORM OF WAIVER
Fidelity Southern Corporation
Senior Executive Officer 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 my employer for any changes to my compensation or benefits that are required to comply with the regulation issued by the Department of the Treasury as published in the Federal Register on October 20, 2008.

I acknowledge that this regulation may require modification of the compensation, bonus, incentive and other benefit plans, arrangements, policies and agreements (including so-called “golden parachute” agreements) 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.

This waiver includes all claims I may have under the laws of the United States or any state related to the requirements imposed by the aforementioned regulation, including without limitation a claim for any compensation or other payments I would otherwise receive, any challenge to the process by which this regulation was adopted and any tort or constitutional claim about the effect of these regulations on my employment relationship.


Date:

		Name: [OFFICER NAME] Title: [OFFICER TITLE]