First Amendment to the Amended and Restated Two River Community Bank Supplemental Executive Retirement Agreement dated as of August 8, 2019, between Two River Community Bank and William D. Moss
Exhibit 10.5
FIRST AMENDMENT TO THE AMENDED AND RESTATED TWO RIVER COMMUNITY BANK SUPPLEMENTAL EXECUTIVE RETIREMENT AGREEMENT
THIS FIRST AMENDMENT TO THE AMENDED AND RESTATED SUPPLEMENTAL EXECUTIVE RETIREMENT AGREEMENT (this “Amendment”) is made as of August 8, 2019 by and between Two River Community Bank (“TRCB” or “Employer”), a banking corporation organized under the laws of the State of New Jersey, with its principal office at 766 Shrewsbury Avenue, Tinton Falls, New Jersey 07724; and William D. Moss (“Executive”), whose business address is 766 Shrewsbury Avenue, Tinton Falls, New Jersey 07724.
WHEREAS, TRCB and Executive executed an Amended and Restated Supplemental Executive Retirement Agreement (the “Agreement”) dated July 1, 2013; and
WHEREAS, Pursuant to Section 8.1 of the Agreement TRCB has reserved to itself the right to amend the Agreement from time to time; and
WHEREAS, TRCB wishes to amend the Agreement to revise the definition of Cause.
NOW THEREFORE, the Bank determines as follows:
Section 5.1 of the Agreement is amended and replaced as follows:
| 5.1 | Termination for Cause. Notwithstanding any provision of this Agreement to the contrary, the Participant shall forfeit any right to a benefit under this Agreement if, at any time prior to a Change in Control, the Bank terminates the Participant's service for Cause. Termination of the Participant's service for "Cause" shall mean any of the following acts or circumstances: gross negligence or gross neglect of duties to TRCB; conviction of a felony or of a gross misdemeanor involving moral turpitude in connection with the executive’s employment with TRCB; or fraud, disloyalty, dishonesty or willful violation of any law or significant TRCB policy committed in connection with the executive's employment and resulting in a material adverse effect on TRCB. |
IN WITNESS WHEREOF, the Bank and the Executive hereby execute this Amendment.
| EXECUTIVE:
/s/ William D. Moss William D. Moss | TWO RIVER COMMUNITY BANK
By: /s/ A. Richard Abrahamian A. Richard Abrahamian |
