Newsouth Bancorp Inc Sample Contracts

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Guarantee Agreement • March 12th, 2004 • First South Bancorp Inc /Va/ • State commercial banks • New York
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Indenture • March 12th, 2004 • First South Bancorp Inc /Va/ • State commercial banks • New York
NEWSOUTH BANCORP, INC. 1997 STOCK OPTION PLAN COMMITTEE
Stock Option Agreement • April 9th, 1998 • Newsouth Bancorp Inc • Savings institution, federally chartered
2003 AMENDMENT TO EMPLOYMENT AGREEMENT
Employment Agreement • March 12th, 2004 • First South Bancorp Inc /Va/ • State commercial banks • North Carolina
PURCHASE AND ASSUMPTION AGREEMENT by and between NATIONAL BANK OF COMMERCE
Purchase and Assumption Agreement • October 30th, 2003 • First South Bancorp Inc /Va/ • State commercial banks • Tennessee
PURCHASE AND ASSUMPTION AGREEMENT dated as of September 2, 2014 between BANK OF AMERICA, NATIONAL ASSOCIATION and FIRST SOUTH BANK
Purchase 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”).

AMENDED AND RESTATED DIRECTOR'S DEFERRED COMPENSATION PLAN AGREEMENT
Compensation Plan Agreement • November 18th, 1996 • Newsouth Bancorp Inc • North Carolina
2003 Amendment ____________________
Retirement Plan Agreement • March 12th, 2004 • First South Bancorp Inc /Va/ • State commercial banks • North Carolina
Salary continuation Agreement
Salary 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.

JULY 17, 1996
Newsouth Bancorp Inc • November 18th, 1996
AMENDMENT TO THE DIRECTOR’S RETIREMENT PLAN AGREEMENT BY AND BETWEEN FIRST SOUTH BANK AND MARSHALL T. SINGLETON
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.

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CHANGE-IN-CONTROL PROTECTIVE AGREEMENT
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”).

AGREEMENT AND PLAN OF MERGER AND REORGANIZATION By And Between CAROLINA FINANCIAL CORPORATION and FIRST SOUTH BANCORP, INC. Dated as of June 9, 2017
Agreement and Plan of Merger and Reorganization • 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 AGREEMENT
Salary 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. HAWKINS
Supplemental 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 Agreement
Employment 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 AGREEMENT
Salary 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 AGREEMENT
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”).

AMENDMENT TO THE CHANGE IN CONTROL PROTECTIVE AGREEMENT
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. VANN
Supplemental 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 AGREEMENT
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. VANN
Employment 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

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