Exhibit 10.1 333 CORPORATE PLAZA 1. Basic Lease Provisions & Definitions ("Basic Lease Provisions"). --------------------------------------------------------------- 1.1 Parties. This Lease, dated November 1, 2005, is between 333 Ventures, LLC...Lease Agreement • November 28th, 2005 • Capital Bank Corp • State commercial banks
Contract Type FiledNovember 28th, 2005 Company Industry
Exhibit 10.1 EMPLOYMENT AGREEMENT This Employment Agreement ("Agreement"), dated as of July 22, 2003, is made and entered into by Capital Bank (hereinafter the "Bank"), and B. Grant Yarber (hereinafter the "Employee"). The Bank desires to employ...Employment Agreement • November 14th, 2003 • Capital Bank Corp • State commercial banks • North Carolina
Contract Type FiledNovember 14th, 2003 Company Industry Jurisdiction
ARTICLE I DEFINED TERMSMerger Agreement • October 12th, 2001 • Capital Bank Corp • State commercial banks • North Carolina
Contract Type FiledOctober 12th, 2001 Company Industry Jurisdiction
EXHIBIT 10.08*Service Agreement • March 29th, 2002 • Capital Bank Corp • State commercial banks
Contract Type FiledMarch 29th, 2002 Company Industry
WITNESSETH:Lease • October 19th, 1998 • Capital Bank Corp • North Carolina
Contract Type FiledOctober 19th, 1998 Company Jurisdiction
Exhibit 10.1 CHANGE OF CONTROL AGREEMENT This Change of Control Agreement ("Agreement"), dated as of May 3, 2004 is made and entered into by Capital Bank (hereinafter the "Bank"), and Karen H. Priester (hereinafter the "Employee"). The Bank recognizes...Change of Control Agreement • August 3rd, 2004 • Capital Bank Corp • State commercial banks • North Carolina
Contract Type FiledAugust 3rd, 2004 Company Industry Jurisdiction
OFFICE LEASE NORTH CAROLINA: WAKE COUNTY: THIS LEASE, made this the day of , 199 , by and between Beacon Center Properties, LLC , a North Carolina Limited Liability Corporation hereinafter "Landlord" and Capital Bank, a North Carolina Banking...Office Lease • March 27th, 2001 • Capital Bank Corp • State commercial banks
Contract Type FiledMarch 27th, 2001 Company Industry
WITNESSETH:Lease Agreement • October 19th, 1998 • Capital Bank Corp • North Carolina
Contract Type FiledOctober 19th, 1998 Company Jurisdiction
SUBLEASESublease • October 19th, 1998 • Capital Bank Corp
Contract Type FiledOctober 19th, 1998 Company
RECITALSChange in Control Severance Agreement • March 27th, 2000 • Capital Bank Corp • State commercial banks • North Carolina
Contract Type FiledMarch 27th, 2000 Company Industry Jurisdiction
MERGER AGREEMENT DATED AS OF JUNE 29, 2005 BY AND BETWEEN CAPITAL BANK CORPORATIONMerger Agreement • June 29th, 2005 • Capital Bank Corp • State commercial banks • North Carolina
Contract Type FiledJune 29th, 2005 Company Industry Jurisdiction
ARTICLE IMerger Agreement • May 2nd, 2002 • Capital Bank Corp • State commercial banks • North Carolina
Contract Type FiledMay 2nd, 2002 Company Industry Jurisdiction
Exhibit 10.1 AGREEMENTResignation Agreement • April 28th, 2005 • Capital Bank Corp • State commercial banks
Contract Type FiledApril 28th, 2005 Company Industry
MASTER SERVICE AGREEMENT GUILFORD COUNTY THIS MASTER SERVICE AGREEMENT, made and entered into this 23 day of June, 1997 by and between CENTRAL SERVICE CORPORATION, a North Carolina corporation, hereinafter referred to as "CSC", and Capital Bank...Master Service Agreement • October 19th, 1998 • Capital Bank Corp • North Carolina
Contract Type FiledOctober 19th, 1998 Company Jurisdiction
INDEMNIFICATION AGREEMENTIndemnification Agreement • February 1st, 2011 • Capital Bank Corp • State commercial banks • North Carolina
Contract Type FiledFebruary 1st, 2011 Company Industry JurisdictionAGREEMENT, dated as of January 28, 2011, by and between Capital Bank Corporation, a corporation organized under the laws of the State of North Carolina (the “Company”), and [name] (the “Indemnitee”).
INDEMNIFICATION AGREEMENTIndemnification Agreement • February 1st, 2011 • Capital Bank Corp • State commercial banks • North Carolina
Contract Type FiledFebruary 1st, 2011 Company Industry JurisdictionAGREEMENT, dated as of January 28, 2011, by and between Capital Bank, a North Carolina state-chartered banking corporation and a banking subsidiary of Capital Bank Corporation (the “Bank”), and [name] (the “Indemnitee”).
AMENDED AND RESTATED EMPLOYMENT AGREEMENT This Amended and Restated Employment Agreement ("Agreement") is made and entered into by NB Acquisition Corp., a North Carolina corporation (hereinafter the "Corporation") and James A. Beck (hereinafter the...Employment Agreement • October 19th, 1998 • Capital Bank Corp • North Carolina
Contract Type FiledOctober 19th, 1998 Company Jurisdiction
Exhibit 10.2 EMPLOYMENT AGREEMENT This Employment Agreement ("Agreement"), dated as of April 16, 2004, is made and entered into by Capital Bank (hereinafter the "Bank"), and Richard W. Edwards (hereinafter the "Employee"). The Bank desires to employ...Employment Agreement • May 7th, 2004 • Capital Bank Corp • State commercial banks • North Carolina
Contract Type FiledMay 7th, 2004 Company Industry Jurisdiction
COMMERCIAL PLEDGE AGREEMENTCommercial Pledge Agreement • January 3rd, 2006 • Capital Bank Corp • State commercial banks
Contract Type FiledJanuary 3rd, 2006 Company IndustryTHIS COMMERCIAL PLEDGE AGREEMENT dated December 27, 2005 is made and executed between Capital Bank Corporation ("Grantor") and First Tennessee Bank National Association ("Lender").
REGISTRATION RIGHTS AGREEMENT dated as of January 28, 2011 by and between CAPITAL BANK CORPORATION and NORTH AMERICAN FINANCIAL HOLDINGS, INC.Registration Rights Agreement • February 1st, 2011 • Capital Bank Corp • State commercial banks • Delaware
Contract Type FiledFebruary 1st, 2011 Company Industry JurisdictionREGISTRATION RIGHTS AGREEMENT, dated as of January 28, 2011, by and between Capital Bank Corporation, a corporation organized under the laws of the State of North Carolina (the “Company”), and North American Financial Holdings, Inc., a Delaware corporation (“Purchaser”).
● Shares CAPITAL BANK CORPORATION Common Stock, no par value per share FORM OF UNDERWRITING AGREEMENTUnderwriting Agreement • December 4th, 2009 • Capital Bank Corp • State commercial banks • New York
Contract Type FiledDecember 4th, 2009 Company Industry JurisdictionSandler O’Neill & Partners, L.P., as Representative of the Underwriters named in Schedule I hereto, 919 Third Avenue, 6th Floor New York, New York 10022
Exhibit 10.1 EMPLOYMENT AGREEMENT This Employment Agreement ("Agreement"), dated as of April 21, 2004, is made and entered into by Capital Bank (hereinafter the "Bank"), and B. Grant Yarber (hereinafter the "Employee"). The Bank desires to employ...Employment Agreement • May 7th, 2004 • Capital Bank Corp • State commercial banks • North Carolina
Contract Type FiledMay 7th, 2004 Company Industry Jurisdiction
CONTINGENT VALUE RIGHTS AGREEMENTContingent Value Rights Agreement • February 1st, 2011 • Capital Bank Corp • State commercial banks • North Carolina
Contract Type FiledFebruary 1st, 2011 Company Industry JurisdictionTHIS CONTINGENT VALUE RIGHTS AGREEMENT, dated as of January 28, 2011 (this “Agreement”), is entered into by Capital Bank Corporation, a corporation organized under the laws of the State of North Carolina (the “Company”) for the benefit of the Holders (as defined herein).
EXECUTION COPY INVESTMENT AGREEMENT dated as of November 3, 2010 among CAPITAL BANK CORPORATION, CAPITAL BANK and NORTH AMERICAN FINANCIAL HOLDINGS, INC.Investment Agreement • November 4th, 2010 • Capital Bank Corp • State commercial banks • North Carolina
Contract Type FiledNovember 4th, 2010 Company Industry JurisdictionINVESTMENT AGREEMENT, dated as of November 3, 2010 (this “Agreement”), among Capital Bank Corporation, a corporation organized under the laws of the State of North Carolina (the “Company”), Capital Bank, a North Carolina state-chartered banking corporation and a banking subsidiary of the Company (the “Bank”), and North American Financial Holdings, Inc., a Delaware corporation (“Purchaser”).
AMENDED AND RESTATED EMPLOYMENT AGREEMENTEmployment Agreement • September 22nd, 2008 • Capital Bank Corp • State commercial banks • North Carolina
Contract Type FiledSeptember 22nd, 2008 Company Industry JurisdictionThis Amended and Restated Employment Agreement (“Agreement”), effective as of the 17th day of September, 2008 (the “Effective Date”), is made and entered into between Capital Bank (hereinafter the “Bank”), and Mark Redmond (hereinafter “Employee”).
EXHIBIT 8.1 FORM OF OPINION Capital Bank c/o Mr. James A. Beck 4400 Falls of Neuse Road Raleigh, North Carolina 27609 Re: Agreement and Plan of Reorganization and Share Exchange by and among Capital Bank, Capital Bank Corporation, and Home Savings...Agreement and Plan of Reorganization and Share Exchange • October 19th, 1998 • Capital Bank Corp
Contract Type FiledOctober 19th, 1998 Company
AGREEMENT OF MERGER OF CAPITAL BANK WITH AND INTO NAFH National BankMerger Agreement • July 7th, 2011 • Capital Bank Corp • State commercial banks
Contract Type FiledJuly 7th, 2011 Company IndustryTHIS AGREEMENT OF MERGER, dated as of June 30, 2011 (this “Agreement”), is made and entered into between NAFH National Bank (“NAFH Bank”) and Capital Bank (“Capital Bank”).
PURCHASE AND ASSUMPTION AGREEMENT dated as of September 24, 2008 between CAPITAL BANK and OMNI NATIONAL BANKPurchase and Assumption Agreement • November 7th, 2008 • Capital Bank Corp • State commercial banks • North Carolina
Contract Type FiledNovember 7th, 2008 Company Industry JurisdictionTHIS PURCHASE AND ASSUMPTION AGREEMENT is dated as of September 24, 2008, between CAPITAL BANK, a North Carolina state-chartered bank (“Purchaser”), and OMNI NATIONAL BANK, a bank chartered under the laws of the United States (“Seller”).
EMPLOYMENT AGREEMENTEmployment Agreement • January 9th, 2006 • Capital Bank Corp • State commercial banks • North Carolina
Contract Type FiledJanuary 9th, 2006 Company Industry JurisdictionThis Employment Agreement (“Agreement”), dated as of January 3, 2006, is made and entered into by CAPITAL BANK (hereinafter the “Bank”), and A. CHRISTINE BAKER (hereinafter the “Employee”).
CAPITAL BANK CORPORATION INCENTIVE STOCK OPTION AGREEMENTIncentive Stock Option Agreement • July 20th, 2009 • Capital Bank Corp • State commercial banks • North Carolina
Contract Type FiledJuly 20th, 2009 Company Industry JurisdictionTHIS INCENTIVE STOCK OPTION AGREEMENT is made as of the _____day of __________, 20___, by and between Capital Bank Corporation (the "Corporation") and the individual specified above, an employee of the Corporation or any subsidiary of the Corporation (the "Participant").
LIST AND AGREEMENT TO FURNISH OMITTED SCHEDULES TO MERGER AGREEMENT Company Disclosure ScheduleMerger Agreement • July 3rd, 2002 • Capital Bank Corp • State commercial banks
Contract Type FiledJuly 3rd, 2002 Company IndustryThe registrant hereby agrees to furnish supplementally a copy of any omitted schedules to the Securities and Exchange Commission upon request.
CAPITAL BANK CORPORATION EQUITY INCENTIVE PLAN STOCK AWARD AGREEMENTStock Award Agreement • December 28th, 2007 • Capital Bank Corp • State commercial banks • North Carolina
Contract Type FiledDecember 28th, 2007 Company Industry JurisdictionTHIS STOCK AWARD AGREEMENT (this “Agreement”) is dated as of [date] (the “Grant Date”) by and between Capital Bank Corporation, a North Carolina corporation (the “Corporation”), and [participant name] (the “Participant”) pursuant to the Capital Bank Corporation Equity Incentive Plan (the “Plan”). All capitalized terms not otherwise defined herein shall have the meanings set forth in the Plan.
AMENDMENT TO AMENDED AND RESTATED EMPLOYMENT AGREEMENTEmployment Agreement • January 18th, 2011 • Capital Bank Corp • State commercial banks
Contract Type FiledJanuary 18th, 2011 Company IndustryThis AMENDMENT TO AMENDED AND RESTATED EMPLOYMENT AGREEMENT (“Amendment”) is made and entered into this 14th day of January, 2011 by and among CAPITAL BANK (the “Bank”), CAPITAL BANK CORPORATION (“CBC”) and B. Grant Yarber (“Employee”). CBC, along with the Bank, sometimes collectively referred to herein as the “Corporation”.
AMENDMENT NO. 2 TO AGREEMENT AND PLAN OF MERGERAgreement and Plan of Merger • October 5th, 2012 • Capital Bank Corp • State commercial banks • North Carolina
Contract Type FiledOctober 5th, 2012 Company Industry JurisdictionThis AMENDMENT NO. 2 (this “Amendment”) to Agreement and Plan of Merger is made and entered into as of September 25, 2012, by and between Southern Community Financial Corporation, a North Carolina corporation (“Company”), Capital Bank Financial Corp, a Delaware corporation (“Parent”), and Winston 23 Corporation, a North Carolina corporation and a wholly owned subsidiary of Parent (“Merger Sub”).
AMENDED AND RESTATED EMPLOYMENT AGREEMENTEmployment Agreement • September 22nd, 2008 • Capital Bank Corp • State commercial banks • North Carolina
Contract Type FiledSeptember 22nd, 2008 Company Industry JurisdictionThis Amended and Restated Employment Agreement (“Agreement”), effective as of the 17th day of September, 2008 (the “Effective Date”), is made and entered into by Capital Bank (hereinafter the “Bank”), and B. Grant Yarber (hereinafter “Employee”).