1 EXHIBIT 10.1 EMPLOYMENT AGREEMENT THIS EMPLOYMENT AGREEMENT (this "Agreement") dated as of July 20, 1999, is made by and between First National Bancorporation, Inc., a South Carolina corporation (the "Employer" or the "Company") which is the...Employment Agreement • September 21st, 1999 • First National Bancshares Inc /Sc/ • South Carolina
1 EXHIBIT 10.7 ESCROW AGREEMENT THIS ESCROW AGREEMENT (this "Agreement") is entered into and effective as of the ___ day of September, 1999, by and between First National Bancshares, Inc., a South Carolina corporation (the "Company"), and The Bankers...Escrow Agreement • September 21st, 1999 • First National Bancshares Inc /Sc/ • Georgia
GUARANTEE AGREEMENT by and between FIRST NATIONAL BANCSHARES, INC. and WILMINGTON TRUST COMPANY Dated as of March 30, 2006Guarantee Agreement • April 5th, 2006 • First National Bancshares Inc /Sc/ • National commercial banks • New York
This GUARANTEE AGREEMENT (this “Guarantee”), dated as of March 30, 2006, is executed and delivered by First National Bancshares, Inc., a South Carolina 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 Capital Securities (as defined herein) of FNSC Statutory Trust III, a Delaware statutory trust (the “Issuer”).
1 EXHIBIT 1.1 SALES AGENCY AGREEMENT J.C. Bradford & Co. September _______ , 1999 400 Second Avenue NW First Lawyers Building, 2nd Floor Hickory, North Carolina 28601 Ladies and Gentlemen: This letter sets forth and confirms the terms and conditions...Sales Agency Agreement • September 21st, 1999 • First National Bancshares Inc /Sc/ • South Carolina
1 EXHIBIT 10.3 THE WARRANTS EVIDENCED BY THIS CERTIFICATE HAVE BEEN ISSUED OR SOLD IN RELIANCE ON EXEMPTIONS FROM REGISTRATION UNDER THE SECURITIES ACT OF 1933 AND APPLICABLE STATE SECURITIES LAWS AND MAY NOT BE SOLD OR TRANSFERRED EXCEPT IN A...First National Bancshares Inc /Sc/ • September 21st, 1999
JERRY L. CALVERT) EMPLOYMENT AGREEMENTEmployment Agreement • September 16th, 2004 • First National Bancshares Inc /Sc/ • National commercial banks • South Carolina
THIS EMPLOYMENT AGREEMENT (this “Agreement”) dated as of September 10, 2004 is made among First National Bancshares, Inc., a South Carolina corporation (the “Company”), its wholly owned subsidiary, First National Bank of the South, a national bank (the “Bank”), and Jerry L. Calvert, an individual resident of South Carolina (the “Executive”). The Company and the Bank are referred to collectively as the “Employer.”
EMPLOYMENT AGREEMENT (ROBERT MURDOCH)Employment Agreement • February 4th, 2005 • First National Bancshares Inc /Sc/ • National commercial banks • South Carolina
THIS EMPLOYMENT AGREEMENT (the “Agreement”), made as of the 31st day of January, 2005, by and between First National Bank of the South (d.b.a First National Bank of Spartanburg) (“Employer”), having its principal office at 215 North Pine Street, Spartanburg, South Carolina 29304, and Robert Murdoch (“Employee”).
Shares First National Bancshares, Inc. Common Stock par value $0.01 per share Underwriting AgreementUnderwriting Agreement • August 26th, 2005 • First National Bancshares Inc /Sc/ • National commercial banks • New York
First National Bancshares, Inc., a South Carolina corporation (the “Company”), proposes, subject to the terms and conditions stated herein, to issue and sell to Sandler O’Neill & Partners, L.P. (the “Underwriter”), an aggregate of shares (the “Firm Shares”) and, at the election of the Underwriter, up to additional shares (the “Optional Shares”) of the common stock, par value $0.01 per share (“Stock”) of the Company (the Firm Shares and the Optional Shares that the Underwriter elects to purchase pursuant to Section 2 hereof being collectively called the “Shares”).
FIRST NATIONAL BANCSHARES, INC. (a South Carolina corporation) [ ] Shares of ___% Series A Noncumulative Convertible Preferred Stock (Par Value $.01 Per Share) ($25.00 Liquidation Value) PURCHASE AGREEMENTPurchase Agreement • June 18th, 2007 • First National Bancshares Inc /Sc/ • National commercial banks • New York
EMPLOYMENT AGREEMENTEmployment Agreement • May 1st, 2009 • First National Bancshares Inc /Sc/ • National commercial banks • South Carolina
THIS EMPLOYMENT AGREEMENT (this “Agreement”), dated as of December 31, 2008, by and between First National Bancshares, Inc., a South Carolina corporation and its wholly owned subsidiary, First National Bank of the South (d.b.a First National Bank of Spartanburg), having its principal office at 215 North Pine Street, Spartanburg, South Carolina 29304 (collectively, “Employer”), and Kitty Payne (“Employee”).
PLEDGE AGREEMENTPledge Agreement • April 1st, 2009 • First National Bancshares Inc /Sc/ • National commercial banks • South Carolina
THIS AGREEMENT is made and entered into this 28th day of December, 2007, at Spartanburg, South Carolina, by and between FIRST NATIONAL BANCSHARES, INC. (“Pledgor”), and NEXITY BANK (“Lender”).
AGREEMENT TO SELL, PURCHASE AND LEASESell, Purchase and Lease • March 20th, 2007 • First National Bancshares Inc /Sc/ • National commercial banks • South Carolina
THIS AGREEMENT made this 16th day of February, 2007 between First National Holdings, LLC, having an office c/o Donald B. Wildman, 220 North Church Street, Spartanburg, SC 29306 (hereinafter referred to as “Purchaser”), and First National Bank of the South, a/k/a First National Bank of Spartanburg, a division of First National Bank of the South, having an office at 215 North Pine Street, Spartanburg, SC 29304 (hereinafter referred to as “Seller”).
EMPLOYMENT AGREEMENTEmployment Agreement • May 1st, 2009 • First National Bancshares Inc /Sc/ • National commercial banks • South Carolina
THIS EMPLOYMENT AGREEMENT (this “Agreement”) dated as of December 31, 2008, is made among First National Bancshares, Inc., a South Carolina corporation (the “Company”), its wholly owned subsidiary, First National Bank of the South, a national bank (the “Bank”), and Jerry L. Calvert, an individual resident of South Carolina (the “Executive”). The Company and the Bank are referred to collectively as the “Employer.”
FIRST AMENDMENT TO LOAN MODIFICATION AND SETTLEMENT AGREEMENTLoan Modification and Settlement Agreement • May 10th, 2010 • First National Bancshares Inc /Sc/ • National commercial banks
This FIRST AMENDMENT TO THE LOAN MODIFICATION AND SETTLEMENT AGREEMENT (this “Amendment”) is effective as of the 26th day of March, 2010 (the “Effective Date”), by and between Nexity Bank, an Alabama state banking corporation, (“Nexity”) and First National Bancshares, Inc., a South Carolina corporation (“First National”) and amends that certain Loan Modification and Settlement Agreement between Nexity and First National effective as of December 30, 2009 (the “Modification Agreement”).
Possession to be given to BUYER on Closing SELLER covenants and agrees to bind ------- its heirs, executors, administrators, successors or assigns, by good and -- sufficient warrant deed, subject to restrictions and easements of record, with dower...First National Bancshares Inc /Sc/ • September 21st, 1999
EXHIBIT 10.6 July 12, 1999 Oak Grove Associates, LLC c/o Foster Chapman, President Johnson Development Assoc. P. O. Box 3524 Spartanburg, SC 29304 RE: Letter of Intent to Lease Parcel on SC Highway 296 (Reidville Road) Spartanburg, SC Dear Foster:...First National Bancshares Inc /Sc/ • September 21st, 1999
AGREEMENT TO SELL, PURCHASE AND LEASEAgreement • November 7th, 2007 • First National Bancshares Inc /Sc/ • National commercial banks • South Carolina
THIS AGREEMENT made this 24th day of September, 2007 between First National Holdings II, LLC, having an office c/o Donald B. Wildman, 220 North Church Street, Spartanburg, SC 29306 (hereinafter referred to as "Purchaser"), and First National Bank of of the South, having an office at 215 North Pine Street, Spartanburg, SC 29304 (hereinafter referred to as "Seller").
Shares First National Bancshares, Inc. Common Stock par value $0.01 per share Underwriting AgreementUnderwriting Agreement • September 13th, 2005 • First National Bancshares Inc /Sc/ • National commercial banks • New York
First National Bancshares, Inc., a South Carolina corporation (the “Company”), and The South Financial Group, Inc., a South Carolina corporation (the “Selling Shareholder”), propose, subject to the terms and conditions stated herein, to issue and sell to Sandler O’Neill & Partners, L.P. (the “Underwriter”), an aggregate of shares (the “Firm Shares”) of the common stock, par value $0.01 per share (“Stock”) of the Company. In addition, at the election of the Underwriter, the Company proposes, subject to the terms and conditions stated herein, to issue and sell to the Underwriter up to additional shares (the “Optional Shares”) of Stock (the Firm Shares and the Optional Shares that the Underwriter elects to purchase pursuant to Section 2 hereof being collectively called the “Shares”). Of the Firm Shares, are being sold by the Company and 86,000 are being sold by the Selling Shareholder.
BLANKET TRANSFER, ASSIGNMENT AND POST-CLOSING ACTIONS AGREEMENTClosing Actions Agreement • March 20th, 2007 • First National Bancshares Inc /Sc/ • National commercial banks • South Carolina
THIS Agreement, made and entered into as of the day of February, 2007, by and between First National Bank of Spartanburg, a division of First National Bank of the South, a national banking organization (hereinafter referred to as “Assignor”) and First National Holdings, a South Carolina limited liability company (hereinafter referred to as “Assignee”) in connection with the consummation of the transactions contemplated in that certain Agreement to Sell, Purchase and Lease dated on or about this date by and between the Assignor as seller and the Assignee as purchaser;
EMPLOYMENT AGREEMENTEmployment Agreement • November 2nd, 2009 • First National Bancshares Inc /Sc/ • National commercial banks • South Carolina
THIS EMPLOYMENT AGREEMENT (this “Agreement”) dated as of August 24, 2009, is made among First National Bank of the South, a national bank (the “Bank”), its bank holding company, First National Bancshares, Inc., a South Carolina corporation (the “Company”), and J. Barry Mason, an individual resident of South Carolina (the “Executive”). Certain terms used in this Agreement are defined in Section 17 hereof.
LOAN MODIFICATION AND SETTLEMENT AGREEMENTLoan Modification and Settlement Agreement • March 10th, 2010 • First National Bancshares Inc /Sc/ • National commercial banks • Alabama
FIRST NATIONAL BANCSHARES, INC. AMENDMENT TO THE STOCK WARRANT AGREEMENT August 15, 2005The Stock Warrant Agreement • August 22nd, 2005 • First National Bancshares Inc /Sc/ • National commercial banks
WHEREAS, on February 10, 2000, First National Bancshares, Inc. (the “Company”), a South Carolina corporation and the holding company for First National Bank of the South (the “Bank”), issued to the person identified below Warrants (the “Warrants”) to purchase the number of shares set forth below, representing two shares of common stock for every three shares of common stock purchased by the Warrant Holder in the Company’s initial public offering, in consideration of the financial risk associated with Warrant Holder’s investment in the Company during its organizational stage and the time, expertise and continuing involvement of the Warrant Holder in the management of the Bank.
AGREEMENT AND PLAN OF MERGER By and Between FIRST NATIONAL BANCSHARES, INC. and CAROLINA NATIONAL CORPORATION August 26, 2007Agreement and Plan of Merger • August 28th, 2007 • First National Bancshares Inc /Sc/ • National commercial banks • South Carolina
THIS AGREEMENT AND PLAN OF MERGER (this “Agreement”) dated as of August 26, 2007 is by and between First National Bancshares, Inc., a South Carolina corporation (“Buyer”), and Carolina National Corporation, a South Carolina corporation (“Seller”).
Jerry L. Calvert President & CEO First National Bancshares, Inc.First National Bancshares Inc /Sc/ • May 1st, 2009 • National commercial banks
STOCK AWARD AGREEMENTStock Award Agreement • November 2nd, 2009 • First National Bancshares Inc /Sc/ • National commercial banks • South Carolina
THIS STOCK AWARD AGREEMENT (this “Agreement”) is made and entered into as of the 30th day of September, 2009, by and between First National Bancshares, Inc. (the "Company”), a South Carolina corporation with a principal place of business at 215 N. Pine Street, Spartanburg, South Carolina, and J. Barry Mason (the "Grantee"), an individual and resident of the state of South Carolina.
LOAN AGREEMENT COUNTY OF SPARTANBURG )) Loan Agreement • April 1st, 2009 • First National Bancshares Inc /Sc/ • National commercial banks • South Carolina
THIS LOAN AGREEMENT (the “Agreement”), made this 28th day of December, 2007, by and among NEXITY BANK, a banking association with its principal office and place of business at 1122 Lady Street, Suite 1000, Columbia, South Carolina 29201 (hereinafter called the “Lender”), and FIRST NATIONAL BANCSHARES, INC., a South Carolina corporation (hereinafter called the “Borrower”).
Re: Loan and Stock Pledge Agreement (the "Agreement") dated December 31, 2007 between First National Bancshares, Inc. ("Borrower") and Nexity Bank ("Lender"), and a Commercial Promissory Note ("Note") of even date in the original principal amount of...Stock Pledge Agreement • April 1st, 2009 • First National Bancshares Inc /Sc/ • National commercial banks
This letter will follow up and confirm our recent conversation concerning Borrower's financial covenant defaults and our commitment to continue the Agreement subject to certain modifications.
AGREEMENT FOR THE PURCHASE AND SALE OF REAL PROPERTYAgreement for the Purchase and Sale • June 18th, 2007 • First National Bancshares Inc /Sc/ • National commercial banks • South Carolina
THIS AGREEMENT, made and entered into as of 4th day of May, 2007 (the “Effective Date”), by and between BOOK EM BROTHERS, LLC (hereinafter the “Seller”) and FIRST NATIONAL BANK OF THE SOUTH (hereinafter the “Purchaser”).
LEASEFirst National Bancshares Inc /Sc/ • November 7th, 2007 • National commercial banks
THIS LEASE entered into this 24th day of September, 2007, by and between First National Holdings II, LLC, having an office c/o Donald B. Wildman, 220 North Church Street, Spartanburg, SC 29306, (hereinafter called the "Landlord") and First National Bank of the South, having an office at c/o President, 215 North Pine Street, Spartanburg, SC 29304, (hereinafter called the "Tenant").
EMPLOYMENT AGREEMENTEmployment Agreement • March 6th, 2008 • First National Bancshares Inc /Sc/ • National commercial banks • South Carolina
THIS EMPLOYMENT AGREEMENT (the “Agreement”), made as of the 31st day of January, 2008, by and between First National Bank of the South (“Employer”), having its principal office at 215 North Pine Street, Spartanburg, South Carolina 29304, and Roger B. Whaley (“Employee”).
NONCOMPETE AGREEMENTNoncompete Agreement • November 2nd, 2009 • First National Bancshares Inc /Sc/ • National commercial banks • South Carolina
THIS NONCOMPETE AGREEMENT (this "Agreement") dated as of September 18, 2009, is by and among First National Bank of the South, N.A., a national bank (the "Bank), its bank holding company First National Bancshares, Inc, a South Carolina corporation (the "Company"), and J. Barry Mason, an individual and resident of the state of South Carolina (the "Executive").
