|
Exhibit 99.1
NOTICE: THIS CONTRACT IS SUBJECT TO ARBITRATION PURSUANT
TO THE SOUTH CAROLINA UNIFORM ARBITRATION ACT
AMENDED CHANGE OF CONTROL AGREEMENT
This Amended Change of Control Agreement is entered into as of
this 5th
day of December, 2007 by and between Cornerstone Bancorp (the
"Company") and J.
Rodger Anthony (the "Executive").
WHEREAS, on June 8, 2004, the Company and the Executive entered
into a
Change of Control Agreement (the "Agreement"); and
WHEREAS, the Company and the Executive desire to amend the
Agreement in
compliance with the recently enacted Internal Revenue Code
Section 409A and
associated federal regulations.
NOW, THEREFORE, in consideration of the premises and of
services
previously provided to the Company by the Executive, and
Executive's willingness
to continue employment with the Company, and other good and
valuable
consideration, the receipt and sufficiency of which are hereby
acknowledged, the
Company and Executive, intending to be legally bound, agree as
follows:
The principal purpose of this agreement is to protect Executive
against
a Change of Control of the Company as defined in Item 1 below.
Executive is,
however, an employee at will, and this agreement is not an
employment agreement
and shall not create for Executive any right to continued
employment.
1. In the event that, within five years after June 8, 2004, any
Change of
Control (as defined below) of the Company is effected, then
Executive shall be
entitled to the following benefits:
(a) A lump sum payment equal to three times the Executive's
annual base
salary in effect at the effective date of the Change of Control.
Such
payment shall be made within five business days following such
Change
of Control.
(b) If, however, the amount of any lump-sum payment in (a)
above, plus
any other amount treated as a parachute payment under Section
280G of
the Internal Revenue Code equals or exceeds three times
|