NET.B@NK, INC. Issuer ANDIndenture • June 9th, 1999 • Netbank Inc • Savings institutions, not federally chartered • New York
NET.B@NK, INC. UNDERWRITING AGREEMENTUnderwriting Agreement • April 25th, 1997 • Netbank Inc • Savings institutions, not federally chartered • Tennessee
RECITALS:Lease Agreement • March 30th, 2000 • Netbank Inc • Savings institutions, not federally chartered
Convertible Subordinated Notes Due 2004 NET.B@NK, INC. UNDERWRITING AGREEMENTUnderwriting Agreement • June 2nd, 1999 • Netbank Inc • Savings institutions, not federally chartered • New York
SERVICES AGREEMENTServices Agreement • April 25th, 1997 • Netbank Inc • Savings institutions, not federally chartered
EXHIBIT 99.2Settlement Agreement • February 20th, 2003 • Netbank Inc • Savings institutions, not federally chartered • California
Issuer ANDIndenture • June 2nd, 1999 • Netbank Inc • Savings institutions, not federally chartered • New York
AMENDED AND RESTATED STOCK PURCHASE AGREEMENT BY AND BETWEEN NET.B@NK, INC. ANDStock Purchase Agreement • March 21st, 1997 • Netbank Inc • Georgia
EXHIBIT 2 INVESTMENT AGREEMENT -------------------- To the Board of Directors of NetBank, Inc., a Georgia corporation ("NetBank"): The Holding Company hereby represents and warrants that the shares of NetBank common stock (the "Common Stock") that are...Investment Agreement • August 10th, 2001 • Netbank Inc • Savings institutions, not federally chartered
The Holding Company hereby represents and warrants that the shares of NetBank common stock (the "Common Stock") that are being issued to the Holding Company in the merger (the "Merger") of Market Street Mortgage Corporation with and into a wholly owned subsidiary of NetBank will be held by the Holding Company for investment for the Holding Company's own account and not with a view to, or for, resale, transfer or distribution. For purposes of this Investment Agreement, the term "Closing Date" means the date on which the Merger and related transactions are consummated as provided in the Merger agreement between NetBank and the Holding Company and certain other parties. The Holding Company represents and warrants that it has no intention of participating, directly or indirectly, in a distribution of the Common Stock.
Exhibit 1.1 3,000,000 Shares of Common Stock (after giving effect to a 3 for 1 stock split effective May 14, 1999) NET.B@NK, INC. UNDERWRITING AGREEMENTUnderwriting Agreement • June 2nd, 1999 • Netbank Inc • Savings institutions, not federally chartered • New York
Exhibit 1.1 2,725,500 Shares of Common Stock NET.B@NK, INC. UNDERWRITING AGREEMENTUnderwriting Agreement • January 15th, 1999 • Netbank Inc • Savings institutions, not federally chartered • New York
EXHIBIT 10.4 LEASE AGREEMENTLease Agreement • April 25th, 1997 • Netbank Inc • Savings institutions, not federally chartered
AMENDED AND RESTATED STOCK PURCHASE AGREEMENT BY AND BETWEEN NET.B@NK, INC.Stock Purchase Agreement • April 25th, 1997 • Netbank Inc • Savings institutions, not federally chartered • Georgia
OFFICE LEASE AGREEMENTOffice Lease Agreement • March 31st, 1999 • Netbank Inc • Savings institutions, not federally chartered • Georgia
SECOND AMENDMENT TO AMENDED AND RESTATED STOCK PURCHASE AGREEMENTStock Purchase Agreement • June 27th, 1997 • Netbank Inc • Savings institutions, not federally chartered
RECITALS:Employment Agreement • March 30th, 2000 • Netbank Inc • Savings institutions, not federally chartered • Georgia
EXHIBIT 10.11 Confidential portions have been redacted pursuant to the rules and regulations of the Securities and Exchange Commission EDIFY SOFTWARE LICENSE AND SERVICES AGREEMENT This Software License and Services Agreement (this "Agreement") is...Software License and Services Agreement • March 30th, 1998 • Netbank Inc • Savings institutions, not federally chartered • California
PREAMBLEAmended and Restated Agreement • March 21st, 1997 • Netbank Inc • South Carolina
PURCHASE AGREEMENTPurchase Agreement • January 8th, 2007 • Netbank Inc • Savings institutions, not federally chartered • New York
THIS AGREEMENT is made as of the 29th day of December, 2006, by and between NetBank, Inc. (the “Company”), a corporation organized under the laws of the State of Georgia, with its principal offices at 1015 Windward Ridge Parkway, Alpharetta, Georgia 30005 and the purchaser whose name and address is set forth on the signature page hereof (the “Purchaser”).
EMPLOYMENT AGREEMENTEmployment Agreement • August 14th, 2002 • Netbank Inc • Savings institutions, not federally chartered • Georgia
THIS AGREEMENT is made as of the 1st day of April, 2002, between NetBank, Inc. (the “Company”), a Georgia corporation, and Steven F. Herbert (the “Executive”), a resident of the State of South Carolina, to be effective as of the date described in Section 1.10 hereof.
WITNESSETH THAT:Brokerage Services Agreement • March 30th, 1998 • Netbank Inc • Savings institutions, not federally chartered
Form of Mid-term Incentive Plan Award Agreement for employees other than reporting persons] NetBank, Inc. Mid-Term Incentive Plan Award AgreementMid-Term Incentive Plan Award Agreement • March 16th, 2005 • Netbank Inc • Savings institutions, not federally chartered • Georgia
The terms and conditions of the Award are set forth in this Agreement and the NetBank, Inc. Mid-Term Incentive Plan (the “Plan”). All of the provisions of the Plan are incorporated in this Agreement and have the same effect as if they were set forth in full in this Agreement. Capitalized terms used in this Agreement have the same meaning as in the Plan. In the event of a discrepancy between this Agreement and the Plan, the terms of the Plan shall prevail.
Form of Restricted Stock Award Agreement Pursuant to 1996 Stock Incentive Plan NETBANK, INC. RESTRICTED STOCK AWARDRestricted Stock Award Agreement • March 15th, 2006 • Netbank Inc • Savings institutions, not federally chartered • Georgia
This RESTRICTED STOCK AWARD (the “Award”) is made and entered into as of the day of , by and between NetBank, Inc. (the “Company”), a Georgia corporation, and (the “Employee”).
AMENDMENT NO. 1 TO DIRECTOR SUPPLEMENTAL RETIREMENT AGREEMENTDirector Supplemental Retirement Agreement • March 16th, 2005 • Netbank Inc • Savings institutions, not federally chartered
THIS AMENDMENT NO. 1 (the “Amendment”) is made and entered into as of , 2003 by and between NetBank (the “Bank”) and (the “Director”) and amends that certain Director Supplemental Retirement Agreement (the “Agreement”) dated , 2002 between the Bank and the Director.
ASSET PURCHASE AGREEMENT DATED AS OF JUNE 1, 2005Asset Purchase Agreement • June 7th, 2005 • Netbank Inc • Savings institutions, not federally chartered • Florida
THIS ASSET PURCHASE AGREEMENT (the “Agreement”), dated as of the 1st day of June, 2005, is made by and among MARKET STREET MORTGAGE CORPORATION, a Florida corporation (“Buyer”), MAJOR MORTGAGE, a Wyoming corporation (“Seller”), and WERCS, a Wyoming corporation (the “Shareholder”). Buyer, the Seller and the Shareholder are collectively referred to herein as the “Parties” or individually as a “Party.”
CHANGE OF CONTROL AGREEMENTChange of Control Agreement • October 5th, 2006 • Netbank Inc • Savings institutions, not federally chartered • Georgia
The Board of Directors of NBI (the “Board”) has determined that it is in the best interests of NBI and its shareholders to assure that the Company (as defined below) will have the continued dedication of the Executive, notwithstanding the possibility, threat or occurrence of a Change of Control (as defined below) of NBI. The Board believes it is imperative to diminish the inevitable distraction of the Executive by virtue of the personal uncertainties and risks created by a pending or threatened Change of Control and to encourage the Executive’s full attention and dedication to the Company currently and in the event of any threatened or pending Change of Control. Therefore, in order to accomplish these objectives, the Board has caused NBI to enter into this Agreement.
Form of Director Supplemental Retirement Agreement] DIRECTOR SUPPLEMENTAL RETIREMENT AGREEMENTDirector Supplemental Retirement Agreement • March 16th, 2005 • Netbank Inc • Savings institutions, not federally chartered • Georgia
THIS AGREEMENT is made and entered into this day of , , by and between NetBank, a bank organized and existing under the laws of the State of Georgia (hereinafter referred to as the “Bank”), and , a Director of the Bank (hereinafter referred to as the “Director”).
EMPLOYMENT AGREEMENTEmployment Agreement • December 17th, 2001 • Netbank Inc • Savings institutions, not federally chartered • Georgia
THIS AGREEMENT by and between NetBank, Inc., a Georgia corporation (the "Company"), and Douglas K. Freeman (the "Executive"), dated as of November 18, 2001 and effective as of the Effective Time (as defined in the Merger Agreement (the "Merger Agreement"), dated as of November 18, 2001, by and between the Company and Resource Bancshares Mortgage Group, Inc., a Delaware corporation ("RBMG").
SECOND AMENDMENT TO EMPLOYMENT AGREEMENTEmployment Agreement • March 15th, 2006 • Netbank Inc • Savings institutions, not federally chartered
This Second Amendment to Employment Agreement is dated as of March 14, 2006 by and between NetBank, Inc. (the “Company”) and William M. Ross (the “Executive”).
PROPOSED SETTLEMENT AGREEMENT BETWEEN ROYAL INDEMNITY COMPANY AND THE BANKRUPTCY TRUSTEESettlement Agreement • April 10th, 2003 • Netbank Inc • Savings institutions, not federally chartered • California
This Settlement Agreement (this “Agreement”) is entered into as of the 2nd day of April 2003, by and among Richard M Kipperman (the “Trustee”), solely in his capacity as the chapter 7 trustee for the bankruptcy estates (“Bankruptcy Estates”) of Commercial Money Centers, Inc. (“CMC”) and Commercial Servicing Corporation (“CSC” and together with CMC, the “Debtors”) in the bankruptcy cases (the “Bankruptcy Cases”) jointly administered under U.S.B.C. Case No. 02-09721-H7 and currently pending before the United States Bankruptcy Court for the Southern District of California (the “California Bankruptcy Court”) and Royal Indemnity Company (“Royal”), with reference to the following facts:
Form of Life Insurance Endorsement Method Split Dollar Plan Agreement] LIFE INSURANCELife Insurance Endorsement Method Split Dollar Plan Agreement • March 16th, 2005 • Netbank Inc • Savings institutions, not federally chartered • Georgia
The respective rights and duties of the Bank and the Insured in the above-referenced policy shall be pursuant to the terms set forth below:
SECOND AMENDMENT TO EMPLOYMENT AGREEMENTEmployment Agreement • March 15th, 2006 • Netbank Inc • Savings institutions, not federally chartered
This Second Amendment to Employment Agreement is dated as of March 14, 2006 by and between NetBank, Inc. (the “Company”) and Jerald W. McCoy (the “Executive”).
ASSET PURCHASE AGREEMENT BETWEEN NETBANK AND EVERBANK Dated as of May 18, 2007Asset Purchase Agreement • May 24th, 2007 • Netbank Inc • Savings institutions, not federally chartered • New York
ASSET PURCHASE AGREEMENT, dated as of May 18, 2007 (the “Agreement”), between EverBank, a federal savings bank chartered under the laws of the United States, or its designated affiliate (“Purchaser”) and NetBank, a federal savings bank chartered under the laws of the United States (the Bank” or “Seller”).
and SUNTRUST BANKRights Agreement • January 28th, 2000 • Netbank Inc • Savings institutions, not federally chartered • Georgia
CHECKFREE CORPORATION ELECTRONIC COMMERCE SERVICE AGREEMENTElectronic Commerce Service Agreement • March 30th, 1998 • Netbank Inc • Savings institutions, not federally chartered • Georgia
