Tennessee Commerce Bancorp, Inc. Sample Contracts

GUARANTEE AGREEMENT by and between TENNESSEE COMMERCE BANCORP, INC. and WILMINGTON TRUST COMPANY Dated as of June 20, 2008
Guarantee Agreement • June 23rd, 2008 • Tennessee Commerce Bancorp, Inc. • State commercial banks • New York

This GUARANTEE AGREEMENT (this “Guarantee”), dated as of June 20, 2008, is executed and delivered by Tennessee Commerce Bancorp, Inc., a Tennessee 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 Tennessee Commerce Statutory Trust II, a Delaware statutory trust (the “Issuer”).

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] Shares Tennessee Commerce Bancorp, Inc. Common Stock FORM OF UNDERWRITING AGREEMENT
Underwriting Agreement • July 26th, 2010 • Tennessee Commerce Bancorp, Inc. • State commercial banks • New York
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TENNESSEE COMMERCE BANK AMENDED and RESTATED EMPLOYMENT AGREEMENT For MICHAEL R. SAPP
Employment Agreement • May 26th, 2009 • Tennessee Commerce Bancorp, Inc. • State commercial banks • Tennessee

This Amended and Restated Employment Agreement (the “Agreement”) is made as of this 19th day of May, 2009 (the “Effective Date”), by and between Tennessee Commerce Bank and Tennessee Commerce Bancorp, Inc. (collectively, the “Employer”), and Michael R. Sapp (the “Executive”).

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EMPLOYMENT AGREEMENT
Employment Agreement • June 1st, 2006 • Tennessee Commerce Bancorp, Inc. • State commercial banks • Tennessee

This Employment Agreement (this “Agreement”) is made and entered into as of this 19th day of January, 2006 by and between TENNESSEE COMMERCE BANK (the “Employer” or “Bank”), and MICHAEL R. SAPP (the “Employee” or “Executive”).

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TENNESSEE COMMERCE BANCORP, INC. (a Tennessee corporation) Shares of Common Stock (Par Value $0.50 Per Share) UNDERWRITING AGREEMENT
Underwriting Agreement • June 22nd, 2006 • Tennessee Commerce Bancorp, Inc. • State commercial banks • New York
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AMENDMENT TO FREEZE BENEFIT ACCRUALS UNDER SALARY CONTINUATION PLAN AGREEMENT
Salary Continuation Plan Agreement • January 6th, 2011 • Tennessee Commerce Bancorp, Inc. • State commercial banks

This Amendment is adopted as of this 31st day of December, 2010, by and between Tennessee Commerce Bank and Tennessee Commerce Bancorp, Inc. (collectively, the “Employer”) and Michael R. Sapp, an individual resident of the State of Tennessee (the “Executive”).

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Tennessee Commerce Bank FORM OF SALARY CONTINUATION PLAN
Salary Continuation Plan • May 26th, 2009 • Tennessee Commerce Bancorp, Inc. • State commercial banks • Tennessee

THIS SALARY CONTINUATION PLAN AGREEMENT (this “Agreement”) is entered into as of this 19th day of May, 2009 by and between Tennessee Commerce Bank and Tennessee Commerce Bancorp, Inc. (collectively, the “Employer”), and , an individual resident of Tennessee (the “Executive”).

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SUBSCRIPTION AGREEMENT FOR AFFILIATE INVESTORS
Subscription Agreement • December 21st, 2009 • Tennessee Commerce Bancorp, Inc. • State commercial banks • Tennessee

The undersigned (the “Investor”) hereby confirms its agreement with Tennessee Commerce Bancorp, Inc., a Tennessee corporation (the “Company”), as follows:

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SUBSCRIPTION AGREEMENT FOR NON-AFFILIATE INVESTORS
Subscription Agreement • December 21st, 2009 • Tennessee Commerce Bancorp, Inc. • State commercial banks • Tennessee

The undersigned (the “Investor”) hereby confirms its agreement with Tennessee Commerce Bancorp, Inc., a Tennessee corporation (the “Company”), as follows:

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STOCK OPTION AGREEMENT
Stock Option Agreement • April 29th, 2005 • Tennessee Commerce Bancorp, Inc. • Tennessee

THIS AGREEMENT, dated effective as of the 31st day of August, 2003, is by and between , a resident of , (hereinafter referred to as “Holder”), and TENNESSEE COMMERCE BANCORP, INC., a Tennessee corporation (hereinafter referred to as the “Corporation”).

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PLAN OF SHARE EXCHANGE
Plan of Share Exchange • April 29th, 2005 • Tennessee Commerce Bancorp, Inc.

THIS PLAN OF SHARE EXCHANGE (the “Plan”) is made and entered into this 22nd day of March, 2000, between Tennessee Commerce Bank, a Tennessee banking corporation (“Bank”), which has always been named such, and Tennessee Commerce Bancorp, Inc., a Tennessee corporation (“BHC”), which has always been named such.

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SHAREHOLDERS’ AGREEMENT
Shareholder Agreement • April 29th, 2005 • Tennessee Commerce Bancorp, Inc. • Tennessee

THIS AGREEMENT is made by and among Dorris (Eli) Bennett, James W. Burton, Paul W. Dierksen, William Jeffrey Ervin, Dennis L. Grimaud, Arthur F. Helf, Winston C. Hickman, Fowler H. Low, William W. McInnes, Thomas R. Miller, Kathy S. Potter, Michael R. Sapp, Regg E. Swanson, and Paul A. Thomas, M.D. (hereinafter referred to collectively as “Shareholders” and individually as a “Shareholder”)

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TENNESSEE COMMERCE BANCORP, INC. (a Tennessee corporation) Shares of Common Stock (Par Value $0.50 Per Share) UNDERWRITING AGREEMENT
Underwriting Agreement • June 1st, 2006 • Tennessee Commerce Bancorp, Inc. • State commercial banks • New York
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December 6, 2005 Mr. George Fort Chief Financial Officer Tennessee Commerce Bancorp Inc. 381 Mallory Station, Suite 207 Franklin, TN 37067 RE: COMMITMENT LETTER/LETTER AGREEMENT Dear George:
Commitment Letter/Letter Agreement • June 1st, 2006 • Tennessee Commerce Bancorp, Inc. • State commercial banks
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JOINT FILING AGREEMENT
Joint Filing Agreement • January 24th, 2006 • Tennessee Commerce Bancorp, Inc. • State commercial banks

Joseph R. Gregory and Kingsway, L.L.C. (the "Filing Persons"), hereby agree to file jointly a Schedule 13G and any amendments thereto relating to the aggregate ownership by each of the Filing Persons of any voting equity security of a class which is registered pursuant to Section 12 of the Securities Exchange Act of 1934, as amended, as required by Rule 13d-1 and Rule 13d-2 promulgated under the Securities Exchange Act of 1934. Each of the Filing Persons agrees that the information set forth in such Schedule 13G and any amendments thereto with respect to such Filing Person will be true, complete and correct as of the date of such Schedule 13G or such amendment, to the best of such Filing Person's knowledge and belief, after reasonable inquiry. Each of the Filing Persons makes no representation as to the accuracy or adequacy of the information set forth in the Schedule 13G or any amendments thereto with respect to any other Filing Person. Each of the Filing Persons shall promptly notify

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BEFORE THE COMMISSIONER OF THE DEPARTMENT OF FINANCIAL INSTITUTIONS STATE OF TENNESSEE
Written Agreement • November 2nd, 2011 • Tennessee Commerce Bancorp, Inc. • State commercial banks

WHEREAS, Tennessee Commerce Bank, Franklin, Tennessee ( “Bank”), a state chartered Bank has mutually agreed to enter into this Written Agreement (“Agreement”) with the Tennessee Department of Financial Institutions (“Department”); and

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TENNESSEE COMMERCE BANK SUPPLEMENTAL SALARY CONTINUATION PLAN AGREEMENT
Supplemental Salary Continuation Plan Agreement • January 6th, 2011 • Tennessee Commerce Bancorp, Inc. • State commercial banks • Tennessee

THIS SUPPLEMENTAL SALARY CONTINUATION PLAN AGREEMENT (this “Agreement”) is entered into as of this 31st day December, 2010 by and between Tennessee Commerce Bank and Tennessee Commerce Bancorp, Inc. (collectively, the “Employer”), and Michael R. Sapp, an individual resident of Tennessee (the “Executive”).

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Tennessee Commerce Bank FORM OF SPLIT DOLLAR AGREEMENT
Split Dollar Agreement • May 26th, 2009 • Tennessee Commerce Bancorp, Inc. • State commercial banks • Tennessee

THIS SPLIT DOLLAR AGREEMENT (this “Agreement”) is entered into as of this 19th day of May, 2009 by and between Tennessee Commerce Bank and Tennessee Commerce Bancorp, Inc. (collectively, the “Employer”), and , an individual resident of Tennessee (hereinafter referred to as the “Executive”) ..

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FORM OF CONSULTING AND NON-COMPETITION AGREEMENT
Consulting and Non-Competition Agreement • May 26th, 2009 • Tennessee Commerce Bancorp, Inc. • State commercial banks • Tennessee

This CONSULTING AND NON-COMPETITION AGREEMENT (this “Agreement”) is entered into as of this 19th day of May, 2009, by and between Tennessee Commerce Bancorp, Inc., a Tennessee corporation (the “Company”), Tennessee Commerce Bank (the “Bank”) and , (the “Executive”).

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UNITED STATES OF AMERICA BEFORE THE BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM WASHINGTON, D.C.
Written Agreement • November 23rd, 2011 • Tennessee Commerce Bancorp, Inc. • State commercial banks

Written Agreement by and between TENNESSEE COMMERCE BANCORP, INC. Franklin, Tennessee and FEDERAL RESERVE BANK OF ATLANTA Atlanta, Georgia Docket No. 11-123-WA/RB-HC

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