EXHIBIT 4.2 GUARANTEE AGREEMENT by and between ECB BANCORP, INC.Guarantee Agreement • August 14th, 2002 • Ecb Bancorp Inc • State commercial banks • New York
DUE 2032 ====================================================================== ==========Indenture • August 14th, 2002 • Ecb Bancorp Inc • State commercial banks • New York
COMMON STOCKUnderwriting Agreement • November 5th, 1998 • Ecb Bancorp Inc • State commercial banks • North Carolina
ECB BANCORP, INC. (a North Carolina corporation) 750,000 Shares of Common Stock (Par Value $3.50 Per Share) PURCHASE AGREEMENTPurchase Agreement • March 6th, 2006 • Ecb Bancorp Inc • State commercial banks • New York
ECB Bancorp, Inc., a North Carolina corporation (the “Company”) confirms its agreement with Keefe, Bruyette & Woods, Inc. (“Keefe Bruyette” or the “Underwriter”), with respect to (i) the sale by the Company and the purchase by the Underwriter of the respective numbers of shares of Common Stock, $3.50 par value per share, of the Company (“Common Stock”) set forth in Schedules A and B hereto and (ii) the grant by the Company to the Underwriter of the option described in Section 2(b) hereof to purchase all or any part of 112,500 additional shares of Common Stock to cover over-allotments, if any. The aforesaid 750,000 shares of Common Stock (the “Initial Securities”) to be purchased by the Underwriter and all or any part of the 112,500 shares of Common Stock subject to the option described in Section 2(b) hereof (the “Option Securities”) are hereinafter called, collectively, the “Securities.”
WITNESSETH:Employee Agreement • May 4th, 1999 • Ecb Bancorp Inc • State commercial banks
DIRECTOR SUPPLEMENTAL RETIREMENT PLAN DIRECTOR AGREEMENTDirector Agreement • May 13th, 2002 • Ecb Bancorp Inc • State commercial banks • North Carolina
EXHIBIT 10.10 EXECUTIVE SUPPLEMENTAL RETIREMENT PLAN EXECUTIVE AGREEMENT THIS AGREEMENT is made and entered into this 13/th/ day of February, 2002, by and between The East Carolina Bank, a bank organized and existing under the laws of the State of...Executive Supplemental Retirement Plan • March 19th, 2003 • Ecb Bancorp Inc • State commercial banks • North Carolina
Trust: Rabbi Trust for the Executive Supplemental Retirement Plan Agreement, Director Supplemental Retirement Plan Agreement, and the Endorsement Method Split Dollar Plan AgreementEndorsement Method Split Dollar Plan Agreement • March 19th, 2003 • Ecb Bancorp Inc • State commercial banks • North Carolina
Trust: Rabbi Trust for the Executive Supplemental Retirement Plan Agreement, Director Supplemental Retirement Plan Agreement, and the Endorsement Method Split Dollar Plan AgreementLife Insurance Endorsement Method Split Dollar Plan Agreement • May 13th, 2002 • Ecb Bancorp Inc • State commercial banks • North Carolina
EMPLOYMENT AGREEMENTEmployment Agreement • November 13th, 2012 • Ecb Bancorp Inc • State commercial banks • North Carolina
THIS EMPLOYMENT AGREEMENT (the “Agreement”) is entered into as of the 12th day of September, 2012, by and between ECB BANCORP, INC. (“Company”), THE EAST CAROLINA BANK (the “Bank”), and JAMES J. BURSON (“Executive”).
EXHIBIT 10.4 NORTH CAROLINA HYDE COUNTY THIS AGREEMENT made this the 1/st/ day of April, 1999, by and between The East Carolina Bank, a North Carolina corporation ("ECB") and Gary M. Adams, a resident of Dare County, North Carolina (the "Officer")...Employment Agreement • March 19th, 2003 • Ecb Bancorp Inc • State commercial banks • North Carolina
SALES AGENCY AGREEMENTSales Agency Agreement • October 8th, 1998 • Ecb Bancorp Inc • State commercial banks • North Carolina
CAPITAL PURCHASE PROGRAM COMPLIANCE AGREEMENTCapital Purchase Program Compliance Agreement • January 21st, 2009 • Ecb Bancorp Inc • State commercial banks
This CAPITAL PURCHASE PROGRAM COMPLIANCE AGREEMENT (this “Agreement”) is entered into as of this the 16th day of January, 2009, by and among ECB Bancorp, Inc., a North Carolina corporation (the “Corporation”), The East Carolina Bank, a North Carolina-chartered bank and wholly owned subsidiary of the Corporation (the “Bank”), and Arthur H. Keeney III (the “Executive”). The Corporation and the Bank are referred to in this Agreement individually and together as the “Employer.”
409A Amendment to The East Carolina Bank Executive Supplemental Retirement Plan Executive Agreement for Gary M. AdamsExecutive Supplemental Retirement Plan Executive Agreement • March 16th, 2009 • Ecb Bancorp Inc • State commercial banks
This Amendment is intended to bring the Agreement into compliance with the requirements of Internal Revenue Code Section 409A. Accordingly, the intent of the parties hereto is that the Agreement shall be operated and interpreted consistent with the requirements of Section 409A. Therefore, the following changes shall be made:
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • July 7th, 2011 • Ecb Bancorp Inc • State commercial banks
This Registration Rights Agreement (this “Agreement”) is made and entered into as of June 30, 2011, by and among ECB Bancorp, Inc., a North Carolina corporation (the “Company”), and the several purchasers signatory hereto (each a “Purchaser” and collectively, the “Purchasers”).
FIRST AMENDED AND RESTATED SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • September 9th, 2011 • Ecb Bancorp Inc • State commercial banks • North Carolina
This First Amended and Restated Securities Purchase Agreement (this “Agreement”) is dated as of September 9, 2011, by and among ECB Bancorp, Inc., a North Carolina corporation (the “Company”), and each purchaser identified on the signature pages hereto (each, including its successors and assigns, a “Purchaser” and collectively, the “Purchasers”).
STATE OF NORTH CAROLINA COUNTY OF HYDEEmployment Agreement • December 23rd, 2008 • Ecb Bancorp Inc • State commercial banks • North Carolina
THIS AMENDED AND RESTATED AGREEMENT, made this 23rd day of December, 2008, by and between THE EAST CAROLINA BANK, a North Carolina corporation (“ECB”) and J. DORSON WHITE, JR., a resident of Pitt County, North Carolina (the “Officer”);
STATE OF NORTH CAROLINA COUNTY OF HYDE EMPLOYEE STOCK OPTION AGREEMENT THIS EMPLOYEE STOCK OPTION AGREEMENT (the "Agreement") is made as of this _____ day of ____________, 19____ (the "Date of Grant"), by and between THE EAST CAROLINA BANK, a North...Employee Stock Option Agreement • August 19th, 1998 • Ecb Bancorp Inc • State commercial banks • North Carolina
Exhibit 10.5 NORTH CAROLINA HYDE COUNTY THIS AGREEMENT made this the 1st day of April, 1999, by and between The East Carolina Bank, a North Carolina corporation ("ECB") and J. Dorson White, Jr. a resident of Pitt County, North Carolina (the "Officer")...Employment Agreement • March 20th, 2002 • Ecb Bancorp Inc • State commercial banks • North Carolina
409A Amendment to the East Carolina Bank Director Supplemental Retirement Plan Director Agreement forDirector Supplemental Retirement Plan Director Agreement • March 16th, 2009 • Ecb Bancorp Inc • State commercial banks
This Amendment is intended to bring the Agreement into compliance with the requirements of Internal Revenue Code Section 409A. Accordingly, the intent of the parties hereto is that the Agreement shall be operated and interpreted consistent with the requirements of Section 409A. Therefore, the following changes shall be made:
STATE OF NORTH CAROLINA COUNTY OF HYDESeverance and Change in Control Agreement • March 15th, 2011 • Ecb Bancorp Inc • State commercial banks • North Carolina
THIS SEVERANCE AND CHANGE IN CONTROL AGREEMENT (the “Agreement”) is entered into as of the 14th day of December, 2009 (the “Effective Date”), by and between THE EAST CAROLINA BANK (“ECB”) and JAMES J. BURSON (“Executive”).
AMENDED AND RESTATED DECLARATION OF TRUST by and amongDeclaration of Trust • August 14th, 2002 • Ecb Bancorp Inc • State commercial banks • Connecticut
ContractAcquisition Agreement • September 25th, 2012 • Ecb Bancorp Inc • State commercial banks
PURCHASE AND ASSUMPTION AGREEMENT Between THE BANK OF HAMPTON ROADS (“Seller”) and THE EAST CAROLINA BANK (“Purchaser”)Purchase and Assumption Agreement • July 15th, 2011 • Ecb Bancorp Inc • State commercial banks • North Carolina
THIS PURCHASE AND ASSUMPTION AGREEMENT (this “Agreement”) is entered into as of July 14, 2011 between The Bank of Hampton Roads, a Virginia chartered bank having its principal offices in Norfolk, Virginia (“Seller”), and The East Carolina Bank, a North Carolina chartered bank having its principal offices in Engelhard, North Carolina (“Purchaser”).
STATE OF NORTH CAROLINA COUNTY OF HYDEEmployment Agreement • September 1st, 2009 • Ecb Bancorp Inc • State commercial banks • North Carolina
THIS EMPLOYMENT AGREEMENT (the “Agreement”) is entered into as of the 26th day of August, 2009 (the “Effective Date”), by and between A. DWIGHT UTZ (“Executive”), THE EAST CAROLINA BANK (the “Bank”) and ECB BANCORP, INC. (“Bancorp”).
LIFE INSURANCE ENDORSEMENT METHOD SPLIT DOLLAR PLAN AGREEMENTEndorsement Method Split Dollar Plan Agreement • March 14th, 2008 • Ecb Bancorp Inc • State commercial banks • North Carolina
STATE OF NORTH CAROLINA COUNTY OF HYDERestricted Stock Award Agreement • November 9th, 2009 • Ecb Bancorp Inc • State commercial banks • North Carolina
THIS RESTRICTED STOCK AWARD AGREEMENT (the “Agreement”) is made as of the 26th day of August, 2009 (the “Date of Grant”), by and between ECB BANCORP, INC., a North Carolina corporation (the “Company”), and A. DWIGHT UTZ (the “Participant”).
NORTH CAROLINA HYDE COUNTYEmployment Agreement • March 14th, 2008 • Ecb Bancorp Inc • State commercial banks • North Carolina
THIS AGREEMENT made this the 1st day of January, 2007, by and between The East Carolina Bank, a North Carolina corporation (“ECB”) and T. Olin Davis, a resident of Dare County, North Carolina (the “Officer”) WITHESSETH:
STATE OF NORTH CAROLINA COUNTY OF HYDEEmployment Agreement • December 23rd, 2008 • Ecb Bancorp Inc • State commercial banks • North Carolina
THIS AMENDED AND RESTATED EMPLOYMENT AGREEMENT, made as of the 23rd day of December, 2008, by and between THE EAST CAROLINA BANK, a North Carolina corporation (“ECB”) and ARTHUR H. KEENEY, III, a resident of Hyde County, North Carolina (the “Officer”),
DIRECTOR SUPPLEMENTAL RETIREMENT PLAN DIRECTOR AGREEMENTDirector Supplemental Retirement Plan • March 16th, 2009 • Ecb Bancorp Inc • State commercial banks • North Carolina
THIS AGREEMENT is made and entered into this 21st day of October, 2005, by and between The East Carolina Bank, a bank organized and existing under the laws of the State of North Carolina (hereinafter referred to as the “Bank”), and , a Director of the Bank (hereinafter referred to as the “Director”).
AGREEMENT AND PLAN OF REORGANIZATION AND MERGER BY AND AMONG THE EAST CAROLINA BANK AND ECB INTERIM BANK AND ECB BANCORP, INC.Merger Agreement • August 6th, 1998 • Ecb Bancorp Inc • North Carolina
EXHIBIT 10.1 STATE OF NORTH CAROLINA COUNTY OF HYDE THIS AGREEMENT, made as of the 1st day of January, 1998, by and between The East Carolina Bank, a North Carolina corporation ("ECB") and Arthur H. Keeney, III, a resident of Hyde County, North...Employment Agreement • August 19th, 1998 • Ecb Bancorp Inc • State commercial banks • North Carolina
409A Amendment to the East Carolina Bank Director Supplemental Retirement Plan Director Agreement forDirector Supplemental Retirement Plan Director Agreement • March 16th, 2009 • Ecb Bancorp Inc • State commercial banks
This Amendment is intended to bring the Agreement into compliance with the requirements of Internal Revenue Code Section 409A. Accordingly, the intent of the parties hereto is that the Agreement shall be operated and interpreted consistent with the requirements of Section 409A. In addition, the Amendment to the Director Supplemental Retirement Plan Agreement Dated October 21, 2005, entered into on October 16, 2006, is hereby revoked in its entirety. Therefore, the following changes shall be made:
AGREEMENT AND PLAN OF MERGER BY AND BETWEEN ECB BANCORP, INC. AND CRESCENT FINANCIAL BANCSHARES, INC. DATED AS OF SEPTEMBER 25, 2012Merger Agreement • September 25th, 2012 • Ecb Bancorp Inc • State commercial banks • Delaware
This AGREEMENT AND PLAN OF MERGER is dated as of September 25, 2012 (this “Agreement”), by and between ECB Bancorp, Inc., a North Carolina corporation (“Seller”), and Crescent Financial Bancshares, Inc., a Delaware corporation (“Buyer”). Each of Buyer and Seller are referred to herein as a “Party” and, together, as the “Parties.”
EXECUTIVE SUPPLEMENTAL RETIREMENT PLAN EXECUTIVE AGREEMENTExecutive Supplemental Retirement Plan • March 14th, 2008 • Ecb Bancorp Inc • State commercial banks • North Carolina
THIS AGREEMENT is made and entered into this 13 day of February, 2002, by and between The East Carolina Bank, a bank organized and existing under the laws of the State of North Carolina (hereinafter referred to as the “Bank”), and Thomas O. Davis, an Executive of the Bank (hereinafter referred to as the “Executive”).
