Amendment to Employment Agreement of Timothy Sullivan

EX-10.1 2 ex10-1.htm

 

SUNNYSIDE FEDERAL SAVINGS AND LOAN ASSOCIATION OF IRVINGTON

 

SUNNYSIDE BANCORP, INC.

 

 

 

AMENDMENT NUMBER THREE

TO THE EMPLOYMENT AGREEMENT WITH TIMOTHY D. SULLIVAN

 

 

 

This Amendment Number Three(the “Amendment”) to the Employment Agreement (the “Agreement”) entered into between Sunnyside Federal Savings and Loan Association of Irvington (the “Association”) and Timothy D. Sullivan (the “Executive”) is made by the Association and the Executive, effective as of March 20, 2018 (the “Effective Date”).

 

WHEREAS, the Agreement was entered effective as of July 15, 2013; and

 

WHEREAS, Sunnyside Bancorp, Inc. (the “Company”) is a signatory to the Agreement for the purpose of guaranteeing the Association’s performance under the Agreement; and

 

WHEREAS, upon the recommendation of the Compensation Committees of the Association and the Company, the Association and the Executive desire to amend the Agreement to provide for the automatic renewal of the term of the Agreement upon a Change in Control; and

 

WHEREAS, pursuant to Section 15(a) of the Agreement, the Agreement may be amended by an instrument in writing signed by the parties.

 

NOW, THEREFORE, this Amendment is hereby adopted as follows:

 

  1. Section 2of the Agreement is hereby amended to add a new Section 2(f) to read in its entirety as follows:

 

“(f) Automatic Renewal of Term upon Change in Control. Notwithstanding the foregoing, upon the legal closing date of a Change in Control, as such term is defined in this Agreement, the term of this Agreement shall be automatically extended, without any further action, so that it shall terminate thirty-six months following the legal closing date on which the Change in Control occurs.”

 

  2. Section 5(c) of the Agreement is hereby amended to add the following sentence immediately after the end of Section 5(c) of the Agreement:

 

“(c) In addition, upon the occurrence of a Change in Control, Executive shall be fully vested in all restricted stock awards granted to Executive under the Company’s 2014 Equity Incentive Plan or other benefit plans.”

 

 

 

 

IN WITNESS WHEREOF, a duly authorized officer of the Association and the Company has executed this Amendment as of the Effective Date.

 

 

SUNNYSIDE FEDERAL SAVINGS AND

LOAN ASSOCIATION OF IRVINGTON

     
  By: /s/ William Boeckelman                
  Name: William Boeckelman
  Title: Director
     
  SUNNYSIDE BANCORP, INC.
     
  By: /s/ William Boeckelman
  Name: William Boeckelman
  Title: Director

 

  EXECUTIVE
   
  /s/ Timothy D. Sullivan
  Timothy D. Sullivan
  President and Chief Executive Officer

 

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