Exhibit 4.37
Second Amendment
To The
Savings & Profit Sharing Plan for Employees of
First Interstate BancSystem, Inc.
1.Recitals. Section 15.1 of the Savings & Profit Sharing Plan for Employees of First Interstate BancSystem, Inc. (the “Plan”) gives First Interstate BancSystem, Inc., as the Plan Sponsor, the right to amend the Plan at any time. The Board of Directors of the Plan Sponsor delegated authority to the FIBS Benefits Committee (the “Committee”) to take any action with respect to the Plan to the extent that such action does not result in additional funding obligations for the Plan Sponsor. The Committee hereby amends the Plan to change the maximum investment in stock.
2.Amendment of Plan. The following Amendment to the Plan is adopted effective July 17, 2009, which is the date the Committee met and approved the amendment to the Plan.
| | (A) | | Subparagraph (d) of Section 10.2 shall be amended to read in its entirety as follows: |
| | (d) | | Maximum Investment in Stock Fund. Effective as of July 17, 2009, the maximum investment in the Stock Fund by each Participant shall, at the time of the Participant’s election, in no event exceed 10% of the Participant’s Account balance. Participants who are invested in the Stock Fund in excess of the 10% maximum limit as of July 17, 2009, may continue to hold the amount of Stock in excess of the 10% maximum after July 17, 2009, but shall not be eligible to purchase additional shares of Stock unless and until their investment in the Stock Fund is less than 10%. |
3.Other Provisions. All other provisions of the Plan shall remain unamended and in full force.
4.Authorized to Sign. The Committee has delegated authority to Ramona Doll, a member of the Committee, to execute any and all amendments approved by the Committee.
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| | | By: | | /s/ RAMONA DOLL Ramona Doll | | |
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| | | Date: | | August 6, 2009 | | |
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| Second Amendment to the Savings & Profit Sharing Plan for Employees of First Interstate BancSystem, Inc. | | 7/2009 1 |
| Prepared by Holland & Hart LLP | | |
