Nexity Financial Corp Sample Contracts

RECITALS
Employment Agreement • July 8th, 2005 • Nexity Financial Corp • Finance services
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WITNESSETH
Severance and Employment Agreement • July 8th, 2005 • Nexity Financial Corp • Finance services • Alabama
SECTION I DEFINED TERMS
Supplemental Stock Option Agreement • July 8th, 2005 • Nexity Financial Corp • Finance services
PREFERRED STOCK RIGHTS AGREEMENT BY AND BETWEEN NEXITY FINANCIAL CORPORATION AND REGISTRAR AND TRANSFER COMPANY AS RIGHTS AGENT DATED AS OF FEBRUARY 4, 2009
Preferred Stock Rights Agreement • February 4th, 2009 • Nexity Financial Corp • State commercial banks • Delaware

This Preferred Stock Rights Agreement is dated as of February 4, 2009 (this “Agreement” or the “Rights Agreement”), by and between NEXITY FINANCIAL CORPORATION, a Delaware corporation (the “Company”), and REGISTRAR AND TRANSFER COMPANY, a New Jersey corporation (the “Rights Agent”).

1,750,000 Shares* NEXITY FINANCIAL CORPORATION Common Stock UNDERWRITING AGREEMENT
Underwriting Agreement • September 9th, 2005 • Nexity Financial Corp • Finance services • Alabama

at the discretion of a court before which any proceeding may be brought, and except as to indemnity and contribution may be limited by federal or state securities laws.

NEXITY BANK SALARY CONTINUATION AGREEMENT
Salary Continuation Agreement • January 3rd, 2007 • Nexity Financial Corp • Finance services • Alabama

THIS SALARY CONTINUATION AGREEMENT (the “Agreement”) is adopted this day of , 200 , by and between Nexity Bank, a state-chartered commercial bank located in Birmingham, Alabama (the “Company”) and CINDY RUSSO (the “Executive”).

GUARANTEE AGREEMENT NEXITY FINANCIAL CORPORATION JUNE 20, 2008
Guarantee Agreement • June 26th, 2008 • Nexity Financial Corp • State commercial banks • Alabama

This GUARANTEE AGREEMENT (the “Guarantee”), dated as of June 20, 2008, is executed and delivered by Nexity Financial Corporation, a Delaware corporation (the “Guarantor”), and Wilmington Trust Company, a Delaware banking corporation, as trustee (the “Guarantee Trustee”), for the benefit of the Holders (as defined herein) from time to time of the Preferred Securities (as defined herein) of Nexity Capital Trust III, a Delaware statutory business trust (the “Issuer”).

AMENDED AND RESTATED TRUST AGREEMENT OF NEXITY CAPITAL TRUST III JUNE 20, 2008
Trust Agreement • June 26th, 2008 • Nexity Financial Corp • State commercial banks • Delaware

AMENDED AND RESTATED TRUST AGREEMENT (“Trust Agreement”) dated and effective as of June 20, 2008, by the Trustees (as defined herein), the Company (as defined herein) and by the Holders (as defined herein), from time to time, of undivided beneficial interests in the Trust to be issued pursuant to this Trust Agreement;

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