purchased or sold, or (iii) as to the value of the common stock acquired for participants. Buying and selling common stock are subject to investment risk. The price may fall or rise during
the period between a request for investment or sale, its receipt by the Plan Administrator, and the ultimate transaction in the open market. Any decision to purchase or sell securities through the Plan must be made by the participant based upon his
or her own research and judgment. The price risk will be borne solely by the participant.
The Plan Administrator is acting solely as our
agent and owes no duties, fiduciary or otherwise, to any other person by reason of the Plan, and no implied duties, fiduciary or otherwise, shall be read into the Plan. The Plan Administrator undertakes to perform such duties and only such duties as
are expressly set forth herein, to be performed by it, and no implied covenants or obligations shall be read into the Plan against the Plan Administrator or us.
In the absence of negligence or willful misconduct on its part, the Plan Administrator, whether acting directly or through agents or
attorneys, shall not be liable for any action taken, suffered, or omitted or for any error of judgment made by it in the performance of its duties hereunder. In no event shall the Plan Administrator be liable for special, indirect or consequential
loss or damage of any kind whatsoever (including but not limited to lost profit), even if the Plan Administrator has been advised of the likelihood of such loss or damage and regardless of the form of action.
The Plan Administrator (i) will not be required to and shall make no representations and have no responsibilities as to the validity,
accuracy, value or genuineness of any signatures or endorsements, other than its own and (ii) will not be obligated to take any legal action hereunder that might, in its judgment, involve any expense or liability, unless it has been furnished
with reasonable indemnity.
The Plan Administrator shall not be responsible or liable for any failure or delay in the performance of its
obligations under this Plan arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control, including, without limitation: acts of God; earthquakes; fires; floods; wars; civil or military disturbances; sabotage;
epidemics; riots; interruptions, loss or malfunctions of utilities; computer (hardware or software) or communications services; accidents; labor disputes; acts of civil or military authority or governmental actions; it being understood that the Plan
Administrator shall use reasonable efforts which are consistent with accepted practices in the banking industry to resume performance as soon as administratively possible under the circumstances. None of the directors, officers, employees or
stockholders of Apollo or any of its subsidiaries will have any personal liability under the Plan. The foregoing limitation of liability does not represent a waiver of any rights you may have under applicable securities laws.
The Plan Administrator is authorized to choose a broker, including an affiliated broker, at its sole discretion to facilitate purchases and
sales of our common stock by Plan participants. The Plan Administrator will furnish the name of the registered broker, including any affiliated broker, utilized in share transactions within a reasonable time upon written request from the
participant.
We and the Plan Administrator may agree from time to time to amendments and modifications of the Plan.
The Plan Administrator may, for various reasons, require a transaction request to be submitted in writing. Contact the Plan Administrator (see
Question 23) to determine if a particular request, including any sales request, must be submitted in writing.
Any notice, instruction,
request, election or direction that is required or permitted under the Plan shall become effective when received by the Plan Administrator. Such notice, instruction, request, election or direction shall be mailed to the address set forth in this
prospectus.
Except as otherwise expressly provided herein, participants may not sell, pledge, hypothecate or otherwise assign or transfer
the participants account any interest therein or any cash or shares credited to the participants account. No attempt at any such sale, pledge, hypothecation or other assignment or transfer shall be effective. Nothing herein shall affect
a shareholders rights in respect to shares for which certificate(s) have been received.
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