RETAIN A COPY OF ANY ROLODEX OR OTHER COMPILATION MAINTAINED BY HIM
OF THE NAMES OF BUSINESS CONTACTS WITH THEIR ADDRESSES, TELEPHONE NUMBERS AND
SIMILAR INFORMATION.
4.2
TANGIBLE ITEMS.
ALL FILES, ACCOUNTS,
RECORDS, DOCUMENTS, BOOKS, FORMS, NOTES, REPORTS, MEMORANDA, STUDIES,
COMPILATIONS OF INFORMATION, CORRESPONDENCE AND ALL COPIES, ABSTRACTS AND
SUMMARIES OF THE FOREGOING, AND ALL OTHER PHYSICAL ITEMS RELATED TO THE COMPANY,
OTHER THAN A MERELY PERSONAL ITEM, WHETHER OF A PUBLIC NATURE OR NOT, AND
WHETHER PREPARED BY THE EMPLOYEE OR NOT, ARE AND SHALL REMAIN THE EXCLUSIVE
PROPERTY OF THE COMPANY AND SHALL NOT BE REMOVED FROM THE PREMISES OF THE
COMPANY, EXCEPT AS REQUIRED IN THE COURSE OF EMPLOYMENT BY THE COMPANY, WITHOUT
THE PRIOR WRITTEN CONSENT OF THE BOARD IN EACH INSTANCE, AND THE SAME SHALL BE
PROMPTLY RETURNED TO THE COMPANY BY THE EMPLOYEE ON THE EXPIRATION OR
TERMINATION OF HIS EMPLOYMENT BY THE COMPANY OR AT ANY TIME PRIOR THERETO UPON
THE REQUEST OF THE COMPANY.
4.3
INJUNCTIVE RELIEF.
THE EMPLOYEE HEREBY
ACKNOWLEDGES AND AGREES THAT IT WOULD BE DIFFICULT TO FULLY COMPENSATE THE
COMPANY FOR DAMAGES RESULTING FROM THE BREACH OR THREATENED BREACH OF THIS
SECTION 4 AND, ACCORDINGLY, THAT THE COMPANY SHALL BE ENTITLED TO SEEK TEMPORARY
AND INJUNCTIVE RELIEF, INCLUDING TEMPORARY RESTRAINING ORDERS, PRELIMINARY
INJUNCTIONS AND PERMANENT INJUNCTIONS, TO ENFORCE SUCH PROVISIONS WITHOUT THE
NECESSITY OF PROVING ACTUAL DAMAGES AND WITHOUT THE NECESSITY OF POSTING ANY
BOND OR OTHER UNDERTAKING IN CONNECTION THEREWITH.
THIS PROVISION WITH RESPECT
TO INJUNCTIVE RELIEF SHALL NOT, HOWEVER, DIMINISH THE COMPANY'S RIGHT TO CLAIM
AND RECOVER DAMAGES.
4.4
"COMPANY".
FOR THE PURPOSES OF THIS
SECTION 4 OF THE AGREEMENT ONLY, THE TERM "COMPANY" SHALL MEAN COLLECTIVELY EAST
WEST BANK, A CALIFORNIA BANKING CORPORATION, AND ITS SUCCESSORS, ASSIGNS AND
NOMINEES, AND ALL INDIVIDUALS, CORPORATIONS AND OTHER ENTITIES THAT
8
DIRECTLY, OR INDIRECTLY THROUGH ONE OR MORE INTERMEDIARIES, CONTROL OR ARE
CONTROLLED BY OR ARE UNDER COMMON CONTROL WITH ANY OF THE FOREGOING.
5.
Compliance with Internal Revenue Code
Section 409A.
(a)
Unless otherwise expressly provided, any
payment of compensation by Company to the Employee, whether pursuant to this
Agreement or otherwise, shall be made within two and one-half months (21⁄2 months)
after the end of the later of the calendar year or the Company's fiscal year in
which the Employee's right to such payment vests (i.e., is not subject to a
substantial risk of forfeiture for purposes of Internal Revenue Code
Section 409A ("Code Section 409A")).
Such amounts shall not be subject to the
requirements of subsection (a) above applicable to "nonqualified deferred
compensation."
(b)
All payments of "nonqualified deferred
compensation" (within the meaning of Code Section 409A are intended to comply
with the requirements of Code Section 409A, and shall be interpreted in
accordance therewith.
Neither party individually or in combination may
accelerate any such deferred payment, except in compliance with Code
Section 409A, and no amount shall be paid prior to the earliest date on which it
is permitted to be paid under Code