YADKIN VALLEY FINANCIAL CORPORATION (a North Carolina corporation) 36,000 Shares of Fixed Rate Cumulative Perpetual Preferred Stock Preferred Stock, Series T (no par value per share) 13,312 Shares of Fixed Rate Cumulative Perpetual Preferred Stock...Underwriting Agreement • September 10th, 2012 • Yadkin Valley Financial Corp • State commercial banks • New York
GUARANTEE AGREEMENT by and between YADKIN VALLEY FINANCIAL CORPORATION and WILMINGTON TRUST COMPANY Dated as of November 1, 2007Guarantee Agreement • November 6th, 2007 • Yadkin Valley Financial Corp • State commercial banks • New York
This GUARANTEE AGREEMENT (this “Guarantee”), dated as of November 1, 2007, is executed and delivered by Yadkin Valley Financial Corporation, a North 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 Yadkin Valley Statutory Trust I, a Delaware statutory trust (the “Issuer”).
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • October 25th, 2012 • Yadkin Valley Financial Corp • State commercial banks
This Registration Rights Agreement (this “Agreement”) is made and entered into as of October 23, 2012, by and among Yadkin Valley Financial Corporation, a North Carolina corporation (the “Company”), and the several signatories hereto (each a “Shareholder” and collectively, the “Shareholders”).
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • October 25th, 2012 • Yadkin Valley Financial Corp • State commercial banks • New York
This Securities Purchase Agreement (this “Agreement”) is dated as of October 23, 2012, by and among Yadkin Valley Financial Corporation, 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”).
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • October 25th, 2012 • Yadkin Valley Financial Corp • State commercial banks
This Registration Rights Agreement (this “Agreement”) is made and entered into as of October 23, 2012, by and among Yadkin Valley Financial Corporation, a North Carolina corporation (the “Company”), and the several purchasers signatory hereto (each a “Purchaser” and collectively, the “Purchasers”).
PLEDGE AND SECURITY AGREEMENT dated as of July 2, 2014 between VANTAGESOUTH BANCSHARES, INC., as Grantor and NEXBANK SSB, as LenderPledge and Security Agreement • July 7th, 2014 • YADKIN FINANCIAL Corp • State commercial banks • Texas
This PLEDGE AND SECURITY AGREEMENT, dated as of July 2, 2014 (as it may be amended, restated, supplemented or otherwise modified from time to time, this “Agreement”), by and among Borrower (as defined below), each Additional Grantor (as herein defined) (along with the Borrower, each, a “Grantor”), and NexBank SSB, as lender (together with its successors and permitted assigns, the “Lender”).
LOAN AGREEMENT for a loan in the amount of MADE BY AND BETWEEN VantageSouth Bancshares, Inc., Raleigh, North Carolina 27612, as Borrower AND NEXBANK SSB, Dallas, Texas 75201, as Lender Dated as of July 2, 2014Loan Agreement • July 7th, 2014 • YADKIN FINANCIAL Corp • State commercial banks • Texas
THIS LOAN AGREEMENT (“Agreement”) is made as of July 2, 2014 (the “Effective Date”), between Borrower (as defined below) and NEXBANK SSB, a Texas savings bank, (together with its successors and assigns, “Lender”).
EXECUTIVE EMPLOYMENT AGREEMENTExecutive Employment Agreement • April 25th, 2014 • YADKIN FINANCIAL Corp • State commercial banks • North Carolina
This Executive Employment Agreement (“Agreement”), signed as of April 23, 2014, is entered into by and among: (a) Yadkin Financial Corporation (“Yadkin Financial”), a North Carolina corporation, and Yadkin Bank, a state bank chartered under the laws of North Carolina; and (b) Joseph H. Towell (“Executive”), a resident of Davie County, North Carolina. This Agreement supersedes and replaces in its entirety the Amended and Restated Employment Agreement, dated December 20, 2008, as amended by that Amendment dated November 24, 2010 each between Yadkin Bank and the Executive (the “Prior Employment Agreement”), and takes effect on the consummation of the Mergers (the “Effective Date”) referenced below; provided, however, that in the event this Agreement becomes void because of a failure to consummate the Mergers, the Prior Employment Agreement shall remain in full force and effect. The Executive hereby waives any right or entitlement to any severance payments, compensation, monies, or benefit
January 16, 2009Securities Purchase Agreement • January 20th, 2009 • Yadkin Valley Financial Corp • State commercial banks
Yadkin Valley Financial Corporation (the “Company”) anticipates entering into a Securities Purchase Agreement (the “Participation Agreement”) with the United States Department of Treasury (the “Treasury”) that provides, among other things, for the purchase by the Treasury of securities issued by the Company. This purchase is anticipated to occur as part of the Company’s participation in the Treasury’s Troubled Asset Relief Program - Capital Purchase Program (the “CPP”).
EMPLOYMENT AGREEMENTEmployment Agreement • March 16th, 2007 • Yadkin Valley Financial Corp • State commercial banks • North Carolina
THIS AGREEMENT is entered into as of April 1, 2000, by and between PIEDMONT BANK, a North Carolina banking corporation (hereinafter referred to as the “Bank”) and WILLIAM A. LONG of Statesville, North Carolina (hereinafter referred to as the “Officer”).
YADKIN VOTING AGREEMENTVoting Agreement • October 13th, 2015 • YADKIN FINANCIAL Corp • State commercial banks • North Carolina
This VOTING AGREEMENT, dated as of October 12, 2015 (this “Agreement”), is entered into by and between NewBridge Bancorp, a North Carolina corporation (“NewBridge”), and the undersigned shareholder of the Company (the “Shareholder”). Capitalized terms used herein and not defined shall have the meanings specified in the Merger Agreement (defined below).
FIRST AMENDMENT TO THE AGREEMENT AND PLAN OF MERGERAgreement and Plan of Merger • April 25th, 2014 • YADKIN FINANCIAL Corp • State commercial banks • Delaware
This FIRST AMENDMENT TO THE AGREEMENT AND PLAN OF MERGER, dated April 23, 2014 (this “Amendment”) amends that certain Agreement and Plan of Merger (the “Merger Agreement”), dated as of January 27, 2014, by and among Yadkin Financial Corporation (“Yadkin”), VantageSouth Bancshares, Inc. (“VantageSouth”), and Piedmont Community Bank Holdings, Inc. (“Piedmont”), pursuant to which VantageSouth and Piedmont will each merge with and into Yadkin.
AGREEMENT AND PLAN OF MERGER BY AND AMONG YADKIN FINANCIAL CORPORATION, VANTAGESOUTH BANCSHARES, INC., AND PIEDMONT COMMUNITY BANK HOLDINGS, INC. DATED AS OF JANUARY 27, 2014Merger Agreement • January 29th, 2014 • YADKIN FINANCIAL Corp • State commercial banks • Delaware
This AGREEMENT AND PLAN OF MERGER is dated as of January 27, 2014 (this “Agreement”), by and among Yadkin Financial Corporation, a North Carolina corporation (“Yadkin”), VantageSouth Bancshares, Inc., a Delaware corporation (“Vantage”), and Piedmont Community Bank Holdings, Inc., a Delaware corporation (“Piedmont”). Each of Vantage, Yadkin and Piedmont are referred to herein as a “Party” and, together, as the “Parties.”
AGREEMENT AND PLAN OF MERGER between and YADKIN FINANCIAL CORPORATION Dated as of July 20, 2016Merger Agreement • July 21st, 2016 • YADKIN FINANCIAL Corp • State commercial banks • Delaware
AGREEMENT AND PLAN OF MERGER, dated as of July 20, 2016 (this “Agreement”), between F.N.B. CORPORATION, a Florida corporation (“FNB”), and YADKIN FINANCIAL CORPORATION, a North Carolina corporation (“YDKN”).
EMPLOYMENT AGREEMENTEmployment Agreement • November 24th, 2010 • Yadkin Valley Financial Corp • State commercial banks • North Carolina
THIS EMPLOYMENT AGREEMENT (this “Agreement”) is entered into as of November 24, 2010, by and between Yadkin Valley Financial Corporation, a North Carolina corporation (the “Company”), Yadkin Valley Bank and Trust (the “Bank”), a North Carolina state bank and wholly owned subsidiary of the Company (the Company and the Bank collectively referred to herein as the “Employer”) and William M. DeMarcus (the “Officer”).
AMENDED AND RESTATED EMPLOYMENT AGREEMENTEmployment Agreement • March 31st, 2009 • Yadkin Valley Financial Corp • State commercial banks • North Carolina
THIS AMENDED AND RESTATED EMPLOYMENT AGREEMENT (this “Agreement”) is entered into as of December 31, 2008, by and between Yadkin Valley Financial Corporation, a North Carolina corporation (the “Company”), Yadkin Valley Bank and Trust (the “Bank”), a North Carolina state bank and wholly owned subsidiary of the Company (the Company and the Bank collectively referred to herein as the “Employer”) and Edwin E. Laws of Statesville, North Carolina (the “Officer”). This Agreement amends and restates that certain employment agreement dated February 1, 1999.
AGREEMENT AND PLAN OF MERGERMerger Agreement • September 10th, 2008 • Yadkin Valley Financial Corp • State commercial banks • North Carolina
THIS AGREEMENT AND PLAN OF MERGER (this “Agreement”) dated as of September 9, 2008 is by and between Yadkin Valley Financial Corporation, a North Carolina corporation (the “Buyer”), and American Community Bancshares, Inc., a North Carolina corporation (the “Seller”).
June 22, 2010Securities Purchase Agreement • June 22nd, 2010 • Yadkin Valley Financial Corp • State commercial banks
Yadkin Valley Financial Corporation (the “Company”) has entered into a Securities Purchase Agreement (the “Participation Agreement”) with the United States Department of Treasury (the “Treasury”) that provides, among other things, for the purchase by the Treasury of securities issued by the Company. This purchase occurred as part of the Company’s participation in the Treasury’s Troubled Asset Relief Program — Capital Purchase Program (the “CPP”).
AMENDMENT TO AMENDED AND RESTATED EMPLOYMENT AGREEMENTEmployment Agreement • August 25th, 2010 • Yadkin Valley Financial Corp • State commercial banks
This amendment (the “Amendment”) is effective as of the 23rd day of August, 2010, and is made by and between Yadkin Valley Bank & Trust Company, a North Carolina banking corporation (hereinafter referred to as the “Bank”), and Stephen S. Robinson, an individual resident of North Carolina (hereinafter referred to as the “Officer”).
YADKIN FINANCIAL CORPORATION YADKIN FINANCIAL CORPORATION RESTRICTED STOCK AWARD AGREEMENTRestricted Stock Award Agreement • August 23rd, 2013 • YADKIN FINANCIAL Corp • State commercial banks • North Carolina
THIS AGREEMENT (the “Agreement”) is entered into as of this ___ day of _________, 2013, between Yadkin Financial Corporation, a North Carolina corporation (the “Company”), and ____________________ (the “Grantee”).
July 24, 2009Securities Purchase Agreement • July 27th, 2009 • Yadkin Valley Financial Corp • State commercial banks
Yadkin Valley Financial Corporation (the “Company”) anticipates entering into a Securities Purchase Agreement (the “Participation Agreement”) with the United States Department of Treasury (the “Treasury”) that provides, among other things, for the purchase by the Treasury of securities issued by the Company. This purchase is anticipated to occur as part of the Company’s participation in the Treasury’s Troubled Asset Relief Program - Capital Purchase Program (the “CPP”).
SHARE EXCHANGE AGREEMENTShare Exchange Agreement • October 25th, 2012 • Yadkin Valley Financial Corp • State commercial banks • New York
This Share Exchange Agreement (this “Agreement”) is dated as of October 23, 2012, by and among Yadkin Valley Financial Corporation, a North Carolina corporation (the “Company”), and each shareholder identified on the signature pages hereto (each, including its successors and assigns, a “Shareholder” and collectively, the “Shareholders”).
RETIREMENT AND TRANSITION AGREEMENTRetirement and Transition Agreement • July 22nd, 2011 • Yadkin Valley Financial Corp • State commercial banks • North Carolina
This RETIREMENT AND TRANSITION AGREEMENT (“this Agreement”) is made and entered into by and between F. Spencer Cosby, Jr. (“Cosby”) a resident of the state of North Carolina, on the one hand, and SIDUS Financial, LLC, (the “Company”) a North Carolina limited liability company and a wholly owned subsidiary of Yadkin Valley Bank and Trust, (the “Bank”) a North Carolina state bank, on the other hand. The Bank and the Company are collectively referred to herein as the “Employer”.
YADKIN FINANCIAL CORPORATION YADKIN FINANCIAL CORPORATION STOCK OPTION AWARD AGREEMENTStock Option Award Agreement • August 23rd, 2013 • YADKIN FINANCIAL Corp • State commercial banks • North Carolina
THIS AGREEMENT (this “Agreement”) is entered into as of this [__] day of [_______], 2013, between Yadkin Financial Corporation, a North Carolina corporation (the “Company”), and [__________] (the “Optionee”).
Piedmont Community Bank Holdings, Inc.Merger Agreement • April 30th, 2014 • YADKIN FINANCIAL Corp • State commercial banks
On January 27, 2014 Piedmont Community Bank Holdings, Inc. (“Piedmont”), Yadkin Financial Corporation (“Yadkin”) and VantageSouth Bancshares, Inc. (“VantageSouth”) entered into an Agreement and Plan of Merger (which we refer to as the “Merger Agreement”) pursuant to which (i) Piedmont will be merged with and into Yadkin (which we refer to as the “Piedmont Merger”), with Yadkin continuing as the surviving corporation, and (ii) VantageSouth will be merged with and into Yadkin (which we refer to as the “VantageSouth Merger”), with Yadkin continuing as the surviving corporation. The Piedmont Merger and the VantageSouth Merger are referred to, collectively, as the “Mergers”. Immediately following the completion of the Mergers, VantageSouth Bank, a wholly-owned banking subsidiary of VantageSouth, will merge with and into Yadkin Bank, Yadkin’s wholly-owned banking subsidiary, with Yadkin Bank continuing as the surviving bank. The Merger Agreement was amended on April 22, 2014 to clarify terms
EMPLOYMENT AGREEMENTEmployment Agreement • January 9th, 2012 • Yadkin Valley Financial Corp • State commercial banks • North Carolina
THIS EMPLOYMENT AGREEMENT (this “Agreement”) is entered into as of January 4, 2012, by and between Yadkin Valley Financial Corporation, a North Carolina corporation (the “Company”), Yadkin Valley Bank and Trust (the “Bank”), a North Carolina state bank and wholly owned subsidiary of the Company (the Company and the Bank collectively referred to herein as the “Employer”) and J. Ricky Patterson (the “Officer”).
AMENDED AND RESTATED EMPLOYMENT AGREEMENTEmployment Agreement • March 31st, 2009 • Yadkin Valley Financial Corp • State commercial banks • North Carolina
THIS AMENDED AND RESTATED EMPLOYMENT AGREEMENT (this “Agreement”) is entered into as of December 31, 2008, by and between YADKIN VALLEY BANK AND TRUST COMPANY, a North Carolina banking corporation (hereinafter referred to as the “Bank”) and STEPHEN S. ROBINSON, an individual resident of North Carolina (hereinafter referred to as the “Officer”). This Agreement amends and restates that certain employment agreement dated January 1, 2008.
AMENDED AND RESTATED EMPLOYMENT AGREEMENTEmployment Agreement • November 24th, 2010 • Yadkin Valley Financial Corp • State commercial banks • North Carolina
THIS AMENDED AND RESTATED EMPLOYMENT AGREEMENT (this “Agreement”) is entered into and effective as of December 30, 2008, by and between YADKIN VALLEY BANK AND TRUST COMPANY, a North Carolina banking corporation (hereinafter referred to as the “Bank”) and JOSEPH H. TOWELL, an individual resident of North Carolina (hereinafter referred to as the “Officer”). This Agreement amends and restates that certain employment agreement dated May 20, 2008.
ContractMerger Agreement • October 13th, 2015 • YADKIN FINANCIAL Corp • State commercial banks • North Carolina
CONFIDENTIAL SEVERANCE AGREEMENT AND RELEASE OF CLAIMSSeverance Agreement • November 6th, 2015 • YADKIN FINANCIAL Corp • State commercial banks • North Carolina
This Confidential Severance Agreement and Release of Claims (the "Agreement") is made and entered into by and between William Mark DeMarcus ("Employee") and Yadkin Bank ("Employer"), as well as any affiliated or related entities, subsidiaries, or divisions, and the shareholders, directors, officers, employees, and agents thereof (collectively referred to as "Employer").
AGREEMENT AND PLAN OF REORGANIZATION BY AND AMONG YADKIN VALLEY FINANCIAL CORPORATION YADKIN VALLEY BANK AND TRUST COMPANY AND CARDINAL STATE BANK Dated as of June 14, 2007Merger Agreement • June 18th, 2007 • Yadkin Valley Financial Corp • State commercial banks • North Carolina
THIS AGREEMENT AND PLAN OF REORGANIZATION (this “Agreement”) is made and entered into as of June 14, 2007, by and among YADKIN VALLEY FINANCIAL CORPORATION, a North Carolina business corporation (“Yadkin Valley”), YADKIN VALLEY BANK AND TRUST COMPANY, a North Carolina banking corporation (“YVB”), and CARDINAL STATE BANK (“CARDINAL”), a North Carolina banking corporation.
AMENDMENT TO EMPLOYMENT AGREEMENTEmployment Agreement • November 24th, 2010 • Yadkin Valley Financial Corp • State commercial banks
This amendment (this “Amendment”) is effective as of the 24th day of November, 2010, and is made by and among Yadkin Valley Financial Corporation, a North Carolina corporation (the “Company”), Yadkin Valley Bank & Trust Company, a North Carolina banking corporation (the “Bank”), and Jan H. Hollar, an individual resident of North Carolina (the “Officer”).
NEWBRIDGE VOTING AGREEMENTVoting Agreement • October 13th, 2015 • YADKIN FINANCIAL Corp • State commercial banks • North Carolina
This VOTING AGREEMENT, dated as of October 12, 2015 (this “Agreement”), by and between Yadkin Financial Corporation (“Parent”), a North Carolina corporation, and the undersigned shareholder (the “Shareholder”). Capitalized terms used herein and not defined shall have the meanings specified in the Merger Agreement (defined below).
UNITED STATES DEPARTMENT OF THE TREASURY Washington, D.C. 20220 July 24, 2009Securities Purchase Agreement • July 27th, 2009 • Yadkin Valley Financial Corp • State commercial banks
Reference is made to that certain Letter Agreement incorporating the Securities Purchase Agreement — Standard Terms dated of as of the date of this letter agreement (the “Securities Purchase Agreement”) between United States Department of Treasury (“Investor”) and the company named on the signature page hereto (the “Company”). Capitalized terms used but not defined herein shall have the meanings assigned to them in the Securities Purchase Agreement.
SEVERANCE AGREEMENT AND RELEASE OF CLAIMSSeverance Agreement • July 2nd, 2015 • YADKIN FINANCIAL Corp • State commercial banks • North Carolina
This Severance Agreement and Release of Claims (the "Agreement") is made and entered into by and between Joseph H. Towell ("Employee") and Yadkin Bank ("Employer"), as well as any affiliated or related entities, subsidiaries, or divisions, and the shareholders, directors, officers, employees, and agents thereof (collectively referred to as "Employer").
