8-KLeadership ChangesExhibits & Filings

FIRST CITIZENS BANCSHARES INC /DE/ 8-K Report, Executive Changes (Mar 5, 2008)

Filed March 5, 2008For Securities:FCNCAFCNCPFCNCBFCNCOFCNCN

Summary

First Citizens BancShares Inc. (FCNCA) reported under Item 5.02 that its wholly-owned subsidiary, First-Citizens Bank & Trust Company (FCB), has entered into new separation and death benefit agreements with two key executive officers: Lewis R. Holding and Frank B. Holding. These agreements supersede prior arrangements and provide for monthly payments for a period of ten years, commencing on or after January 1, 2011. The monthly payment amount for each executive is set at $45,609. In exchange for these payments, the officers have agreed to provide limited consulting services and to refrain from competing with FCB during the payment period. These new agreements, approved by FCB's Board of Directors, reflect increases compared to previous agreements and have specific provisions for death benefits and termination clauses. The filing also notes that FCB retains the right to terminate these agreements without obligation prior to the executive's separation from service.

Key Highlights

  • 1New separation and death benefit agreements executed with Lewis R. Holding and Frank B. Holding by subsidiary FCB.
  • 2Agreements provide for monthly payments of $45,609 to each executive for ten years post-separation or death.
  • 3Payment commencement date is January 1, 2011, or a later elected date by the executive.
  • 4Executives agree to provide limited consulting services and non-compete clauses during the payment period.
  • 5These new agreements supersede prior ones and reflect increased payment amounts.
  • 6FCB has the right to terminate the agreements without obligation prior to the executive's separation date.
  • 7Agreements were approved by FCB's Board of Directors following review by the Compensation Committee.

Frequently Asked Questions

These are Executive Consultation, Separation from Service and Death Benefit Agreements entered into by FCB, a subsidiary of First Citizens BancShares, with Lewis R. Holding and Frank B. Holding. They outline payments to the executives or their beneficiaries following separation from service or death, in exchange for consulting and non-compete provisions.

Each executive will receive a monthly payment of $45,609 for a period of ten years. These payments are set to begin on or after January 1, 2011, or a later date elected by the executive, and continue following their separation from service or death.

In return for the payments, each executive has agreed to provide limited consulting services to FCB and to not compete against FCB during the ten-year payment period. The definition of 'compete' is specified within the agreements.

Yes, FCB reserves the right to terminate these agreements for any reason without any obligation at any time prior to the executive's separation from service at an agreed-upon age or death.