Exhibit 10.2 ------------------------------------------------- GUARANTEE AGREEMENT by and between FOUR OAKS FINCORP, INC.Guarantee Agreement • April 5th, 2006 • Four Oaks Fincorp Inc • State commercial banks • New York
RECITALSMerger Agreement • November 30th, 2009 • Four Oaks Fincorp Inc • State commercial banks • North Carolina
Exhibit 10.3 FOUR OAKS BANK & TRUST COMPANY AMENDED AND RESTATED EXECUTIVE EMPLOYMENT AGREEMENT ------------------------------ THIS AMENDED AND RESTATED EXECUTIVE EMPLOYMENT AGREEMENT ("Agreement") is entered into as of this 11th day of December, 2008...Executive Employment Agreement • December 16th, 2008 • Four Oaks Fincorp Inc • State commercial banks • North Carolina
AMENDED AND RESTATED DECLARATION OF TRUSTDeclaration of Trust • April 5th, 2006 • Four Oaks Fincorp Inc • State commercial banks • Delaware
MERGER AGREEMENT DATED AS OF DECEMBER 10, 2007 BY AND AMONG FOUR OAKS FINCORP, INC. FOUR OAKS BANK & TRUST COMPANY AND LONGLEAF COMMUNITY BANKMerger Agreement • December 13th, 2007 • Four Oaks Fincorp Inc • State commercial banks • North Carolina
EXHIBIT 10.11 TO FORM 10-KSB FOUR OAKS BANK & TRUST COMPANY EXECUTIVE EMPLOYMENT AGREEMENTExecutive Employment Agreement • March 30th, 2004 • Four Oaks Fincorp Inc • State commercial banks
d) Notice. All necessary notices, demands, or requests required or permitted under this Agreement shall be in writing and shall be deemed to have been duly given when delivered in person or mailed by United States certified mail, postage prepaid, to...Severance Compensation Agreement • February 26th, 2008 • Four Oaks Fincorp Inc • State commercial banks • North Carolina
FOUR OAKS FINCORP, INC., as Issuer INDENTURE Dated as of March 30, 2006Indenture • April 5th, 2006 • Four Oaks Fincorp Inc • State commercial banks • New York
EXHIBIT 10.9 TO FORM 10-KSB FOUR OAKS BANK & TRUST COMPANY EXECUTIVE EMPLOYMENT AGREEMENT ------------------------------ THIS AGREEMENT is entered into as of this 10th day of October, 1994, by and between FOUR OAKS BANK & TRUST COMPANY, a North...Executive Employment Agreement • March 30th, 2004 • Four Oaks Fincorp Inc • State commercial banks
CONSULTING AGREEMENT BETWEEN FOUR OAKS BANK & TRUST COMPANY AND JOHN W. BULLARDConsulting Agreement • August 11th, 2008 • Four Oaks Fincorp Inc • State commercial banks • North Carolina
Exhibit 10.8 EXHIBIT 10.8 TO FOUR OAKS 10-KSB BANK OF FOUR OAKS SEVERANCE COMPENSATION AGREEMENT THIS AGREEMENT is made and entered into this 1st day of January, 1989 ("Effective Date") by and between BANK OF FOUR OAKS, a North Carolina banking...Severance Compensation Agreement • March 27th, 2003 • Four Oaks Fincorp Inc • State commercial banks • North Carolina
TAX ASSET PROTECTION PLAN dated as of August 18, 2014 between FOUR OAKS FINCORP, INC. and REGISTRAR AND TRANSFER COMPANY as Rights AgentTax Asset Protection Plan • August 19th, 2014 • Four Oaks Fincorp Inc • State commercial banks • New York
TAX ASSET PROTECTION PLAN (as amended from time to time, this “Agreement”), dated as of August 18, 2014, between FOUR OAKS FINCORP, INC., a North Carolina corporation (including any successor hereunder, the “Company”), and REGISTRAR AND TRANSFER COMPANY, as Rights Agent (the “Rights Agent,” which term shall include any successor Rights Agent hereunder).
EMPLOYMENT AGREEMENTEmployment Agreement • August 11th, 2016 • Four Oaks Fincorp Inc • State commercial banks • North Carolina
This Employment Agreement (the “Agreement”) is made and entered into effective as of April 4, 2016 (the “Effective Date”), by and between Four Oaks Bank & Trust Company (the “Bank”) and Lawrence F. DesPres (“Employee”).
AGREEMENT AND PLAN OF MERGER by and between FOUR OAKS FINCORP, INC. and UNITED COMMUNITY BANKS, INC. June 26, 2017Merger Agreement • June 27th, 2017 • Four Oaks Fincorp Inc • State commercial banks • Georgia
THIS AGREEMENT AND PLAN OF MERGER (this “Agreement”) is made and entered into as of this 26th day of June, 2017, by and between FOUR OAKS FINCORP, INC., a North Carolina corporation (“Seller” and, unless the context otherwise requires, the term “Seller” shall include Seller and its wholly-owned subsidiary bank, FOUR OAKS BANK & TRUST COMPANY, a North Carolina bank (the “Bank”)), and UNITED COMMUNITY BANKS, INC., a Georgia corporation (“Buyer”).
FORM OF STOCK OPTION AGREEMENT (Employee)Stock Option Agreement • March 1st, 2005 • Four Oaks Fincorp Inc • State commercial banks • North Carolina
Item 10.1 Entry into a Material Definitive Agreement.Purchase and Assumption Agreement • March 31st, 2014 • Four Oaks Fincorp Inc • State commercial banks
On September 26, 2012, Four Oaks Bank & Trust Company (“Four Oaks Bank”), a wholly owned subsidiary of Four Oaks Fincorp, Inc. (OTC BB: FOFN) (the “Corporation”), and First Bank entered into a Purchase and Assumption Agreement (the “Agreement”), pursuant to which First Bank will purchase certain assets and assume certain liabilities (the “Purchase”) of two branch offices of Four Oaks Bank located in Rockingham, North Carolina (the “Rockingham Branch”) and Southern Pines, North Carolina (together with the Rockingham Branch, the “Branches”).
FOUR OAKS FINCORP, INC. AWARD AGREEMENT (Awarding Restricted Stock)Restricted Stock Award Agreement • January 22nd, 2015 • Four Oaks Fincorp Inc • State commercial banks • North Carolina
THIS AWARD AGREEMENT (this “Agreement”) is made by and between Four Oaks Fincorp, Inc., a North Carolina corporation (the “Company”), and «Name» (the “Participant”) pursuant to the provisions of the Four Oaks Fincorp, Inc. 2015 Restricted Stock Plan (the “Plan”), which is incorporated herein by reference. Capitalized terms not defined in this Agreement shall have the meanings given to them in the Plan.
FOUR OAKS FINCORP, INC.Subscription Rights Agreement • June 10th, 2014 • Four Oaks Fincorp Inc • State commercial banks
This letter is being distributed by Four Oaks Fincorp, Inc. (“we”, “us”, “our” or the “Company”) to the holders of record (the “Recordholders”) of shares of Company common stock, par value $1.00 per share (the “Common Stock”), at 5:00 p.m., Eastern Time, on [●], 2014 (the “Record Date”), in connection with the rights offering (the “Rights Offering”) of non-transferable subscription rights (the “Rights”) to subscribe for and purchase an aggregate of 26,633,385 shares of Common Stock. The Rights Offering, Rights and Common Stock are described in the offering prospectus dated [●], 2014 (the “Prospectus”).
FOUR OAKS BANK & TRUST COMPANY DEATH BENEFIT ONLY PLANDeath Benefit Only Plan • March 2nd, 2017 • Four Oaks Fincorp Inc • State commercial banks • North Carolina
The purpose of this Death Benefit Only Plan (the "Plan") is to provide death benefits to the beneficiaries of certain select employees of Four Oaks Bank & Trust Company ("Employer").
Exhibit 10.7 December __, 2008 BY HAND DELIVERY ---------------- [Insert Name of SEO] Four Oaks Bank & Trust 6114 U.S. 301 South Four Oaks, North Carolina 27524 Dear [Insert SEO's Name], Four Oaks Fincorp, Inc. ("FOFN") anticipates entering into a...Securities Purchase Agreement • December 16th, 2008 • Four Oaks Fincorp Inc • State commercial banks
EMPLOYMENT AGREEMENTEmployment Agreement • August 14th, 2015 • Four Oaks Fincorp Inc • State commercial banks • North Carolina
This Employment Agreement (the “Agreement”) is made and entered into effective as of March 31, 2015 (the “Effective Date”), by and between Four Oaks Bank & Trust Company (the “Bank”) and Warren D. Herring, Jr. (“Employee”).
SEVERANCE AND GENERAL RELEASE AGREEMENTSeverance Agreement • November 16th, 2015 • Four Oaks Fincorp Inc • State commercial banks
This SEVERANCE AND GENERAL RELEASE AGREEMENT (this “Agreement”) is made and entered into by and among Four Oaks Bank & Trust Company (the “Bank”), Four Oaks Fincorp, Inc. (the “Company”) and Nancy S. Wise (“Employee”). Throughout the remainder of this Agreement, the Bank, the Company, and Employee may be collectively referred to as the “Parties” and individually referred to as a “Party.”
Written Agreement by and between FOUR OAKS BANK & TRUST COMPANY Four Oaks, North Carolina and FEDERAL RESERVE BANK OF RICHMOND Richmond, Virginia Docket No. 14-030-WA/RB-SMWritten Agreement • August 4th, 2015 • Four Oaks Fincorp Inc • State commercial banks
WHEREAS, in recognition of their common goal to maintain the financial soundness of Four Oaks Bank & Trust Company, Four Oaks, North Carolina (the “Bank”), a state-chartered bank that is a member of the Federal Reserve System, the Bank and the Federal Reserve Bank of Richmond (the “Reserve Bank”) have mutually agreed to enter into this Written Agreement (the “Agreement”); and
GENERAL RELEASE AGREEMENTSeverance Agreement • May 12th, 2016 • Four Oaks Fincorp Inc • State commercial banks
This SEVERANCE AND GENERAL RELEASE AGREEMENT (“Agreement”) is made and entered into between Four Oaks Bank & Trust Company (the “Bank”) and W. Leon Hiatt, III (“Employee”). Throughout the remainder of this Agreement, the Bank and Employee may be collectively referred to as the “Parties” and individually referred to as a “Party.”
Exhibit 2 AGREEMENT AND PLAN OF REORGANIZATION AND MERGER THIS AGREEMENT AND PLAN OF REORGANIZATION AND MERGER (this "Agreement"), made and entered into as of February 24, 1997, by and between FOUR OAKS BANK & TRUST COMPANY, a banking corporation...Merger Agreement • July 2nd, 1997 • Four Oaks Fincorp Inc • North Carolina
AMENDMENT NO. 1 TO EMPLOYMENT AGREEMENTEmployment Agreement • April 2nd, 2015 • Four Oaks Fincorp Inc • State commercial banks
This Amendment No. 1 to Amended and Restated Executive Employment Agreement (“Amendment No. 1”) is effective as of March 31, 2015, by and between Four Oaks Bank & Trust Company (the “Bank”) and Ayden R. Lee, Jr. (“Employee”).
UNITED STATES OF AMERICA BEFORE THE BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM WASHINGTON, D.C. STATE OF NORTH CAROLINA OFFICE OF THE COMMISSIONER OF BANKS RALEIGH, NORTH CAROLINAWritten Agreement • May 26th, 2011 • Four Oaks Fincorp Inc • State commercial banks
Written Agreement by and among FOUR OAKS FINCORP, INC. Four Oaks, North Carolina FOUR OAKS BANK & TRUST COMPANY Four Oaks, North Carolina FEDERAL RESERVE BANK OF RICHMOND Richmond, Virginia and STATE OF NORTH CAROLINA OFFICE OF THE COMMISSIONER OF BANKS Raleigh, North Carolina Docket Nos. 11-060-WA/RB-HC 11-060-WA/RB-SM
FOUR OAKS FINCORP, INC. STOCK OPTION PLAN STOCK OPTION AGREEMENTStock Option Agreement • March 31st, 2010 • Four Oaks Fincorp Inc • State commercial banks • North Carolina
This Option Agreement is made as of the _____ day of _____________, 20___, by and between Four Oaks Fincorp, Inc., a North Carolina business corporation (the “Company”) , and ________________, an employee of the Company (the “Employee”).
MERGER AGREEMENT DATED AS OF APRIL 29, 2009 BY AND AMONG FOUR OAKS FINCORP, INC., FOUR OAKS BANK & TRUST COMPANY AND NUESTRO BANCOMerger Agreement • May 1st, 2009 • Four Oaks Fincorp Inc • State commercial banks • North Carolina
FOUR OAKS FINCORP, INC., a North Carolina corporation and a financial holding company registered with the Board of Governors of the Federal Reserve System under the Bank Holding Company Act of 1956, as amended, and a North Carolina bank holding company (the “Parent”);
EMPLOYMENT AGREEMENTEmployment Agreement • March 31st, 2015 • Four Oaks Fincorp Inc • State commercial banks • North Carolina
This Employment Agreement (the “Agreement”) is made and entered into effective as of June 23, 2014 (the “Effective Date”), by and between Four Oaks Bank & Trust Company (the “Bank”), and David H. Rupp (“Employee”).
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • March 26th, 2014 • Four Oaks Fincorp Inc • State commercial banks • North Carolina
This Securities Purchase Agreement (this “Agreement”) is dated as of March 24, 2014, by and between Four Oaks Fincorp, Inc., a North Carolina corporation (the “Company”), and Kenneth R. Lehman (the “Investor”).
AMENDMENT NO. 3 TO EMPLOYMENT AGREEMENTEmployment Agreement • November 16th, 2015 • Four Oaks Fincorp Inc • State commercial banks • North Carolina
This Amendment No. 3 to Employment Agreement (“Amendment No. 3”) is effective as of July 8, 2015, by and between Four Oaks Bank & Trust Company (the “Bank”) and David H. Rupp (“Employee”).
EXHIBIT 10.12 TO FORM 10-KSB FOUR OAKS BANK & TRUST COMPANY SEVERANCE COMPENSATION AGREEMENT THIS AGREEMENT is entered into as of this 26 day of January, 1995, by and between FOUR OAKS BANK & TRUST COMPANY, a North Carolina banking corporation (the...Severance Compensation Agreement • March 30th, 2004 • Four Oaks Fincorp Inc • State commercial banks • North Carolina
CONSULTING AGREEMENTConsulting Agreement • March 31st, 2015 • Four Oaks Fincorp Inc • State commercial banks • North Carolina
This Consulting Agreement (this “Agreement”) is entered into as of October 1, 2014, by and between Four Oaks Bank & Trust Company (the “Bank”), and Clifton L. Painter (“Consultant”). Bank and Consultant may be collectively referred to herein individually as a “Party” and collectively as the “Parties.”
AMENDMENT NO. 1 TO THE TAX ASSET PROTECTION PLANTax Asset Protection Plan • June 27th, 2017 • Four Oaks Fincorp Inc • State commercial banks • New York
THIS AMENDMENT NO. 1, dated as of June 26, 2017 (this “Amendment”), to the Tax Asset Protection Plan, dated as of August 18, 2014 (the “Rights Agreement”), by and between Four Oaks Fincorp, Inc., a North Carolina corporation (the “Company”), and Computershare Trust Company, N.A. (as successor to Registrar and Transfer Company), as Rights Agent (the “Rights Agent”). All capitalized terms used in this Amendment and not otherwise defined herein shall have the meanings ascribed to them in the Rights Agreement.
