betweenGuarantee Agreement • March 12th, 2004 • First South Bancorp Inc /Va/ • State commercial banks • New York
EXHIBIT 10.1 AMENDED AND RESTATED EMPLOYMENT AGREEMENT THIS AMENDED AND RESTATED EMPLOYMENT AGREEMENT (the "Agreement") is entered into and is effective this 20th day of April, 2006 (the "Effective Date"), by and between FIRST SOUTH BANCORP, INC. (the...Employment Agreement • May 10th, 2006 • First South Bancorp Inc /Va/ • State commercial banks • North Carolina
FORM OF RESTRICTED STOCK AWARD AGREEMENT FOR THE FIRST SOUTH BANCORP, INC. 2008 EQUITY INCENTIVE PLANRestricted Stock Award Agreement • June 2nd, 2008 • First South Bancorp Inc /Va/ • State commercial banks
2003 AMENDMENT TO EMPLOYMENT AGREEMENTEmployment Agreement • March 12th, 2004 • First South Bancorp Inc /Va/ • State commercial banks • North Carolina
JULY 17, 1996Engagement Agreement • November 18th, 1996 • Newsouth Bancorp Inc
betweenJunior Subordinated Indenture • March 12th, 2004 • First South Bancorp Inc /Va/ • State commercial banks • New York
PURCHASE AND ASSUMPTION AGREEMENT by and between NATIONAL BANK OF COMMERCEPurchase and Assumption Agreement • October 30th, 2003 • First South Bancorp Inc /Va/ • State commercial banks • Tennessee
Exhibit 1.2 NEWSOUTH BANCORP, INC. 1,870,000 to 2,530,000 Shares Common Stock (Par Value $.01 Per Share) $15.00 Per Share SALES AGENCY AGREEMENT ---------------------- Trident Securities, Inc. 4601 Six Forks Road, Suite 400 Raleigh, North Carolina...Sales Agency Agreement • January 21st, 1997 • Newsouth Bancorp Inc • Savings institution, federally chartered • North Carolina
EXHIBIT 10.3(A) EMPLOYMENT AGREEMENT -------------------- THIS AGREEMENT is entered into this ______ day of __________, 1996, by and between NewSouth Bancorp, Inc. (the "Company") and Thomas A. Vann (the "Employee"), effective on the closing date (the...Employment Agreement • November 18th, 1996 • Newsouth Bancorp Inc • North Carolina
NEWSOUTH BANCORP, INC. 1997 STOCK OPTION PLAN COMMITTEEStock Option Agreement • April 9th, 1998 • Newsouth Bancorp Inc • Savings institution, federally chartered
EMPLOYMENT AGREEMENT THIS AGREEMENT entered into this 30th day of November, 1999, by and between New South Bank (the "Bank") and H.D. Reaves, Jr. (the "Employee"). WHEREAS, the Employee has heretofore been employed by Home Federal Savings and Loan...Employment Agreement • December 22nd, 2000 • First South Bancorp Inc /Va/ • Savings institution, federally chartered • North Carolina
PURCHASE AND ASSUMPTION AGREEMENT dated as of September 2, 2014 between BANK OF AMERICA, NATIONAL ASSOCIATION and FIRST SOUTH BANKPurchase and Assumption Agreement • September 3rd, 2014 • First South Bancorp Inc /Va/ • State commercial banks • New York
This PURCHASE AND ASSUMPTION AGREEMENT, dated as of September 2, 2014 (this “Agreement”), between Bank of America, National Association, a national banking association, organized under the laws of the United States, with its principal office located in Charlotte, North Carolina (“Seller”), and First South Bank, a banking corporation, organized under the laws of the State of North Carolina, with its principal office located in Washington, North Carolina (“Purchaser”).
Exhibit 10.3(b) EMPLOYMENT AGREEMENT -------------------- THIS AGREEMENT entered into this ________ day of _________________, 19__, by and between Home Savings Bank, SSB (the "Bank") and Thomas A. Vann (the "Employee"), effective on the date (the...Employment Agreement • November 18th, 1996 • Newsouth Bancorp Inc • North Carolina
FORM OF INCENTIVE STOCK OPTION AWARD AGREEMENT FOR THE FIRST SOUTH BANCORP, INC. 2008 EQUITY INCENTIVE PLANIncentive Stock Option Award Agreement • June 2nd, 2008 • First South Bancorp Inc /Va/ • State commercial banks
CHANGE-IN-CONTROL PROTECTIVE AGREEMENT -------------------------------------- THIS AGREEMENT entered into this 4th day of April, 2005 (the "Effective Date"), by and between First South Bank (the "Bank"), First South Bancorp, Inc. (the "Company"), and...Change-in-Control Protective Agreement • March 15th, 2007 • First South Bancorp Inc /Va/ • State commercial banks • North Carolina
Salary continuation AgreementSalary Continuation Agreement • June 6th, 2014 • First South Bancorp Inc /Va/ • State commercial banks • North Carolina
This Salary Continuation Agreement (the “Agreement”), by and between First South Bank, located in Washington, North Carolina (the “Employer”), and Scott C. McLean (the “Executive”), made this 3rd day of June, 2014, formalizes the agreements and understanding between the Employer and the Executive.
FORM OF NON-STATUTORY STOCK OPTION AWARD AGREEMEN FOR THE FIRST SOUTH BANCORP, INC. 2008 EQUITY INCENTIVE PLANNon-Statutory Stock Option Award Agreement • June 2nd, 2008 • First South Bancorp Inc /Va/ • State commercial banks
EXHIBIT 8.3 NOVEMBER 1, 1996 BOARD OF DIRECTORS HOME SAVINGS BANK, SSB 1311 CAROLINA AVENUE WASHINGTON, NORTH CAROLINA 27889 PLAN OF CONVERSION, SUBSCRIPTION RIGHTS --------------------------------------- DIRECTORS: Terms used in this letter not...Plan of Conversion, Subscription Rights • November 18th, 1996 • Newsouth Bancorp Inc
EXHIBIT 2 AGREEMENT AND PLAN OF MERGER By And Among NEWSOUTH BANCORP, INC., NEWSOUTH BANK AND WASHINGTON FINANCIAL, INC. And GREEN STREET FINANCIAL CORP AND HOME FEDERAL SAVINGS AND LOAN ASSOCIATION DATED AS OF AUGUST 9, 1999 AGREEMENT AND PLAN OF...Merger Agreement • August 16th, 1999 • Newsouth Bancorp Inc • Savings institution, federally chartered • North Carolina
EXHIBIT 10.5 AMENDED AND RESTATED SUPPLEMENTAL INCOME AGREEMENT THIS AMENDED AND RESTATED SUPPLEMENTAL INCOME AGREEMENT, made and entered into as of the 1st of July, 1989 and amended and restated this 14th day of December, 1995 by and between Home...Supplemental Income Agreement • November 18th, 1996 • Newsouth Bancorp Inc
2003 Amendment ____________________Director's Retirement Plan Agreement • March 12th, 2004 • First South Bancorp Inc /Va/ • State commercial banks • North Carolina
CHANGE-IN-CONTROL PROTECTIVE AGREEMENTChange-in-Control Protective Agreement • October 31st, 2012 • First South Bancorp Inc /Va/ • State commercial banks • North Carolina
THIS AGREEMENT entered into this 27th day of October, 2012 (the “Effective Date”), by and between First South Bank (the “Bank”), First South Bancorp, Inc. (the “Company”), and Scott C. McLean (the “Employee”).
EXHIBIT 10.4 SUPPLEMENTAL INCOME PLAN AGREEMENT THIS AGREEMENT made and entered into as of the 18th day of October, 2006 (the "Effective Date") by and between First South Bank, a commercial bank organized and existing under the laws of the State of...Supplemental Income Plan Agreement • November 7th, 2006 • First South Bancorp Inc /Va/ • State commercial banks • North Carolina
AMENDMENT TO THE DIRECTOR’S RETIREMENT PLAN AGREEMENT BY AND BETWEEN FIRST SOUTH BANK AND MARSHALL T. SINGLETONDirector’s Retirement Plan Agreement • March 11th, 2009 • First South Bancorp Inc /Va/ • State commercial banks
This Amendment to the Director’s Retirement Plan Agreement by and between FIRST SOUTH BANK (the “Bank”) and Marshall T. Singleton (the “Director”) is entered into as of December 26, 2008.
AGREEMENT AND PLAN OF MERGER AND REORGANIZATION By And Between CAROLINA FINANCIAL CORPORATION and FIRST SOUTH BANCORP, INC. Dated as of June 9, 2017Merger Agreement • June 15th, 2017 • First South Bancorp Inc /Va/ • State commercial banks • South Carolina
THIS AGREEMENT AND PLAN OF MERGER AND REORGANIZATION (this “Agreement”) dated as of June 9, 2017, is by and between Carolina Financial Corporation, a Delaware corporation (“Carolina Financial”), and First South Bancorp, Inc., a Virginia corporation (“First South”). Except as otherwise set forth herein, capitalized and certain other terms used herein shall have the meanings set forth in Section 10.1 of this Agreement.
FIRST AMENDMENT TO SALARY CONTINUATION AGREEMENTSalary Continuation Agreement • April 4th, 2016 • First South Bancorp Inc /Va/ • State commercial banks • Washington
THIS AMENDMENT (the “Amendment”) is adopted March 29, 2016, by First South Bank, located in Washington, North Carolina (the “Employer”), and Scott C. McLean (the “Executive”).
AMENDMENT TO THE SUPPLEMENTAL INCOME PLAN AGREEMENT BY AND BETWEEN FIRST SOUTH BANK AND KRISTIE W. HAWKINSSupplemental Income Plan Agreement • March 11th, 2009 • First South Bancorp Inc /Va/ • State commercial banks
This Amendment to the Supplemental Income Plan Agreement by and between FIRST SOUTH BANK (the “Bank”) and Kristie W. Hawkins (“Executive”) is entered into as of December 26, 2008.
Employment AgreementEmployment Agreement • July 3rd, 2012 • First South Bancorp Inc /Va/ • State commercial banks • Washington
This Employment Agreement (this “Agreement”) is entered into effective as of this 28th day of June, 2012, by and among Bruce W. Elder (the “Executive”), First South Bancorp Inc. (the “Corporation”), and First South Bank, a North Carolina-chartered bank and wholly owned subsidiary of the Corporation (the “Bank”). The Corporation and the Bank are hereinafter sometimes referred to together or individually as the “Employer.”
FIRST AMENDMENT TO SALARY CONTINUATION AGREEMENTSalary Continuation Agreement • April 4th, 2016 • First South Bancorp Inc /Va/ • State commercial banks • Washington
THIS AMENDMENT (the “Amendment”) is adopted March 29, 2016, by First South Bank, located in Washington, North Carolina (the “Employer”), and J. Randy Woodson (the “Executive”).
AMENDED AND RESTATED CHANGE-IN-CONTROL PROTECTIVE AGREEMENTChange-in-Control Protective Agreement • May 9th, 2008 • First South Bancorp Inc /Va/ • State commercial banks • North Carolina
THIS AMENDED AND RESTATED AGREEMENT (the “Agreement”) entered into this 24th day of April 2008 (the “Effective Date”), by and between FIRST SOUTH BANK (the “Bank”), FIRST SOUTH BANCORP, INC. (the “Company”), and WILLIAM L. WALL (the “Employee”).
CHANGE-IN-CONTROL PROTECTIVE AGREEMENT THIS AGREEMENT entered into this 27th day of January, 2005 (the "Effective Date"), by and between First South Bank (the "Bank"), First South Bancorp, Inc. (the "Company"), and Robert E. Branch (the "Employee")....Change-in-Control Protective Agreement • March 14th, 2005 • First South Bancorp Inc /Va/ • State commercial banks • North Carolina
AMENDMENT TO THE CHANGE IN CONTROL PROTECTIVE AGREEMENTChange in Control Protective Agreement • March 11th, 2009 • First South Bancorp Inc /Va/ • State commercial banks
WHEREAS, Mary R. Boyd (the “Executive”) entered into a change in control protective agreement with Home Savings Bank, SSB which was assumed by First South Bank (the “Bank”) and First South Bancorp, Inc. (the “Company”) in connection with the Company’s acquisition of Home Savings Bank, SSB (the “Agreement”); and
AMENDMENT TO THE SUPPLEMENTAL INCOME PLAN AGREEMENT BY AND BETWEEN FIRST SOUTH BANK AND THOMAS A. VANNSupplemental Income Plan Agreement • March 11th, 2009 • First South Bancorp Inc /Va/ • State commercial banks
This Amendment to the Supplemental Income Plan Agreement by and between FIRST SOUTH BANK (the “Bank”) and Thomas A. Vann (“Executive”) is entered into as of December 26, 2008.
AMENDMENT TO THE PAUL S. JABER CHANGE IN CONTROL PROTECTIVE AGREEMENTChange in Control Protective Agreement • March 11th, 2009 • First South Bancorp Inc /Va/ • State commercial banks
WHEREAS, Paul S. Jaber (the “Executive”) entered into a change in control protective agreement with First South Bank (the “Bank”) and First South Bancorp, Inc. (the “Company”) effective July 8, 2002 (the “Agreement”); and
AMENDMENT TO THE FIRST SOUTH BANK AND FIRST SOUTH BANCORP EMPLOYMENT AGREEMENT WITH THOMAS A. VANNEmployment Agreement • March 11th, 2009 • First South Bancorp Inc /Va/ • State commercial banks
WHEREAS, Thomas A. Vann (the “Executive”) entered into an amended and restated employment agreement with First South Bank (the “Bank”) and First South Bancorp, Inc. (the “Company”) effective April 20, 2006 (the “Agreement”); and
