AMENDED AND RESTATED EMPLOYMENT AGREEMENTEmployment Agreement • March 25th, 2022 • Firstsun Capital Bancorp • National commercial banks • Colorado
THIS AMENDED AND RESTATED EMPLOYMENT AGREEMENT (this “Agreement”) is made and entered into as of March 24, 2022, by and between NEAL E. ARNOLD, an individual resident of the State of South Carolina (“Executive”) and FIRSTSUN CAPITAL BANCORP, a Delaware corporation (“Bancorp”), and SUNFLOWER BANK, N.A., a national banking association (the “Bank” and, together with Bancorp, “Employer”), to become effective on April 1, 2022 (the “Effective Date”). Executive and Employer are each sometimes referred to herein individually as a “Party” and collectively as the “Parties.”
FORM OF FIRSTSUN VOTING AGREEMENT PARENT VOTING AND SUPPORT AGREEMENTVoting Agreement • January 19th, 2024 • Firstsun Capital Bancorp • National commercial banks
As a holder of common stock, par value 0.0001 per share, of FirstSun Capital Bancorp (“Parent”) (the “Parent Common Stock”), the undersigned (the “Stockholder”) understands that HomeStreet, Inc., a Washington corporation (“Company”), Parent and Dynamis Subsidiary, Inc., a Washington corporation and a direct and wholly owned subsidiary of Parent (“Merger Sub” and together with Parent, the “Parent Parties”) are concurrently entering into an Agreement and Plan of Merger, dated as of the date of this voting and support agreement (this “Agreement” and, such agreement and plan of merger as it may be amended, modified or supplemented from time to time in accordance with its terms, the “Merger Agreement”), pursuant to which, among other things and subject to the terms and conditions set forth in the Merger Agreement, (i) Merger Sub will merge with and into Company (the “Merger”), so that Company is the surviving entity in the Merger (the “Interim Surviving Entity”), (ii) immediately following
AGREEMENT AND PLAN OF MERGER by and among HOMESTREET, INC., FIRSTSUN CAPITAL BANCORP, AND DYNAMIS SUBSIDIARY, INC. Dated January 16, 2024Merger Agreement • January 19th, 2024 • Firstsun Capital Bancorp • National commercial banks • Delaware
AGREEMENT AND PLAN OF MERGER, dated January 16, 2024 (this “Agreement”), by and among HOMESTREET, INC., a Washington corporation (“Company”), FIRSTSUN CAPITAL BANCORP, a Delaware corporation (“Parent”) and DYNAMIS SUBSIDIARY, INC., a Washington corporation and a direct and wholly owned subsidiary of Parent (“Merger Sub” and together with Parent, the “Parent Parties”).
AMENDMENT NO. 1 TO AGREEMENT AND PLAN OF MERGERAgreement and Plan of Merger • April 30th, 2024 • Firstsun Capital Bancorp • National commercial banks
This AMENDMENT NO. 1, dated April 30, 2024 (this “Amendment”), amends the Agreement and Plan of Merger, dated January 16, 2024 (the “Agreement”), by and among HomeStreet, Inc., a Washington corporation (“Company”), FirstSun Capital Bancorp, a Delaware corporation (“Parent”), and Dynamis Subsidiary, Inc., a Washington corporation and a direct and wholly owned subsidiary of Parent (“Merger Sub”). Capitalized terms used and not defined herein have the meanings ascribed to such terms in the Agreement.
Restricted Stock AgreementRestricted Stock Agreement • March 7th, 2024 • Firstsun Capital Bancorp • National commercial banks • Delaware
This Restricted Stock Agreement (the “Agreement”) evidences the grant to the Participant named above (“you” or “Participant”) of the number of restricted shares set forth above (each, an “Award Share,” and collectively, the “Award Shares”) of the common stock of FirstSun Capital Bancorp, a Delaware corporation (the “Company”) as of the date of grant set forth above (the “Date of Grant”), pursuant to the FirstSun Capital Bancorp 2021 Equity Incentive Plan, as may be amended from time to time (the “Plan”) and conditioned upon your agreement and compliance with the terms set forth below. All of the provisions of the Plan are expressly incorporated into this Agreement.
JOINDER TO THE ACQUISITION FINANCE SECURITIES PURCHASE AGREEMENT BY AND AMONG FIRSTSUN CAPITAL BANCORP AND THE OTHER SIGNATORIES THERETO June 14, 2024Acquisition Finance Securities Purchase Agreement • June 17th, 2024 • Firstsun Capital Bancorp • National commercial banks • New York
This Joinder to the Acquisition Finance Securities Purchase Agreement, dated as of June 14, 2024 (this “Joinder”), is entered into by and among FirstSun Capital Bancorp, a Delaware corporation (the “Company”), and each purchaser identified on the signature pages hereto (each, including its successors and assigns, a “Purchaser” and collectively, the “Purchasers”).
FORM OF AMENDMENT NO. 4 TO STOCKHOLDERS’ AGREEMENT AMENDMENT NO. 4 TO STOCKHOLDERS’ AGREEMENTStockholders’ Agreement • January 19th, 2024 • Firstsun Capital Bancorp • National commercial banks • Delaware
THIS AMENDMENT NO. 4 TO STOCKHOLDERS’ AGREEMENT (this “Amendment”) is made and entered into as of January 16, 2024, by and among FIRSTSUN CAPITAL BANCORP, a Delaware corporation (the “Corporation”), and the Persons executing the signature pages hereto.
TO EMPLOYMENT AGREEMENTEmployment Agreement • July 26th, 2021 • Firstsun Capital Bancorp • National commercial banks • Colorado
THIS 2019 AMENDMENT TO EMPLOYMENT AGREEMENT (this “Amendment”) is made and entered into as of February 21, 2019, by and among NEAL E. ARNOLD, an individual resident of the State of South Carolina (“Executive”) and FIRSTSUN CAPITAL BANCORP, a Delaware corporation (“Employer”). Executive and Employer are each sometimes referred to herein individually as a “Party” and collectively as the “Parties.”
FORM OF AMENDMENT NO. 1 TO STOCKHOLDERS’ AGREEMENTStockholders’ Agreement • July 26th, 2021 • Firstsun Capital Bancorp • National commercial banks • Delaware
THIS AMENDMENT NO. 1 TO STOCKHOLDERS’ AGREEMENT (this “Amendment”) is made and entered into as of March 14, 2018, by and among FIRSTSUN CAPITAL BANCORP, a Delaware corporation (the “Corporation”), and the Persons executing the signature pages hereto.
FORM OF REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • July 26th, 2021 • Firstsun Capital Bancorp • National commercial banks • Delaware
This Registration Rights Agreement (the “Agreement”) is made as of June 19, 2017, by and among FirstSun Capital Bancorp, a Delaware corporation (formerly named Sunflower Reincorporation Sub, Inc., the “Company”), the stockholders listed on Exhibit A hereto (each, a “Significant Investor,” and collectively, the “Significant Investors”) and the stockholders listed on Exhibit B hereto (each, an “Investor,” and collectively, the “Investors”).
FORM OF FIRSTSUN CAPITAL BANCORP 2017 EQUITY INCENTIVE PLAN OPTION AWARD AGREEMENT (Employee)Option Award Agreement • July 26th, 2021 • Firstsun Capital Bancorp • National commercial banks • Delaware
Unless otherwise defined herein, the terms defined in the FirstSun Capital Bancorp Equity Incentive Plan shall have the same defined meanings in this Option Award Agreement (this “Award”).
AMENDMENT NO. 5 TO STOCKHOLDERS’ AGREEMENTStockholders’ Agreement • March 7th, 2024 • Firstsun Capital Bancorp • National commercial banks • Delaware
THIS AMENDMENT NO. 5 TO STOCKHOLDERS’ AGREEMENT (this “Amendment”) is made and entered into as of March 6, 2024, by and among FIRSTSUN CAPITAL BANCORP, a Delaware corporation (the “Corporation”), and the Persons executing the signature pages hereto.
Form of Restricted Stock AgreementRestricted Stock Agreement • January 3rd, 2022 • Firstsun Capital Bancorp • National commercial banks • Delaware
This Restricted Stock Agreement (the “Agreement”) evidences the grant to the Participant named above (“you” or “Participant”) of the number of shares set forth above (each, an “Award Share,” and collectively, the “Award Shares”) of the common stock of FirstSun Capital Bancorp, a Delaware corporation (the “Company”) as of the date of grant set forth above (the “Date of Grant”) pursuant to the FirstSun Capital Bancorp 2017 Equity Incentive Plan, as may be amended from time to time (the “Plan”) and conditioned upon your agreement and compliance with the terms set forth below. All of the provisions of the Plan are expressly incorporated into this Agreement.
FORM OF FIRSTSUN CAPITAL BANCORP 2021 LONG-TERM INCENTIVE PLAN AWARD AGREEMENTAward Agreement • March 25th, 2022 • Firstsun Capital Bancorp • National commercial banks • Colorado
This Award Agreement (this “Agreement”) is made and entered into as of April 1, 2021 (the “Grant Date”) by and between FirstSun Capital Bancorp, a Delaware corporation (the “Company”), and XXXXX
FORM OF UPFRONT SECURITIES PURCHASE AGREEMENT BY AND AMONG FIRSTSUN CAPITAL BANCORP AND THE OTHER SIGNATORIES THERETO January 16, 2024Upfront Securities Purchase Agreement • January 19th, 2024 • Firstsun Capital Bancorp • National commercial banks • New York
This Upfront Securities Purchase Agreement (this “Agreement”) is dated as of January 16, 2024, by and among FirstSun Capital Bancorp, a Delaware corporation (the “Company”), and each purchaser identified on the signature pages hereto (each, including its successors and assigns, a “Purchaser” and collectively, the “Purchasers”).
FORM OF FIRSTSUN CAPITAL BANCORP LONG-TERM INCENTIVE PLAN AWARD AGREEMENTLong-Term Incentive Plan Award Agreement • July 26th, 2021 • Firstsun Capital Bancorp • National commercial banks • Colorado
This Award Agreement (this “Agreement”) is made and entered into as of April1, 2020 (the “Grant Date”) by and between FirstSun Capital Bancorp, a Delaware corporation (the “Company”), and [ ].
AMENDED AND RESTATED EMPLOYMENT AGREEMENTEmployment Agreement • March 16th, 2023 • Firstsun Capital Bancorp • National commercial banks • Colorado
AGREEMENT (this “Amendment”) is made and entered into as of March 14, 2023, by and among NEAL E. ARNOLD., an individual resident of the State of South Carolina (“Executive”), FIRSTSUN CAPITAL BANCORP, a Delaware corporation (“Bancorp”), and SUNFLOWER BANK, N.A., a national banking association (the “Bank” and, together with Bancorp, “Employer”). Executive and Employer are each sometimes referred to herein individually as a “Party” and collectively as the “Parties.”
Agreement & General Release PERSONAL AND CONFIDENTIAL March 24, 2022Agreement & General Release • March 25th, 2022 • Firstsun Capital Bancorp • National commercial banks • Colorado
This letter proposes the following Agreement and General Release (“Agreement”) between Mollie Hale Carter (“Executive”) and FIRSTSUN CAPITAL BANCORP (“Employer”). Executive and Employer are each sometimes referred to herein individually as a “Party” and collectively as the “Parties”.
FORM OF STOCKHOLDERS’ AGREEMENT OF FIRSTSUN CAPITAL BANCORP DATED JUNE 19, 2017Stockholders’ Agreement • July 26th, 2021 • Firstsun Capital Bancorp • National commercial banks • Delaware
THIS STOCKHOLDERS’ AGREEMENT (this “Agreement”), dated as of June 19, 2017, is by and among (i) FirstSun Capital Bancorp, a Delaware corporation (formerly named Sunflower Reincorporation Sub, Inc., the “Corporation”), (ii) the Persons listed on Exhibit A hereto, and (iii) any other Person who shall hereafter acquire Securities and sign a Joinder (each of (ii) through (iii), a “Stockholder” and collectively, the “Stockholders”).
AMENDED AND RESTATED EMPLOYMENT AGREEMENTEmployment Agreement • March 16th, 2023 • Firstsun Capital Bancorp • National commercial banks • Colorado
AGREEMENT (this “Amendment”) is made and entered into as of March 14, 2023, by and among ROBERT A. CAFERA, JR., an individual resident of the State of Kentucky (“Executive”), FIRSTSUN CAPITAL BANCORP, a Delaware corporation (“Bancorp”), and SUNFLOWER BANK, N.A., a national banking association (the “Bank” and, together with Bancorp, “Employer”). Executive and Employer are each sometimes referred to herein individually as a “Party” and collectively as the “Parties.”
FORM OF ACQUISITION FINANCE SECURITIES PURCHASE AGREEMENT BY AND AMONG FIRSTSUN CAPITAL BANCORP AND THE OTHER SIGNATORIES THERETO January 16, 2024Securities Purchase Agreement • January 19th, 2024 • Firstsun Capital Bancorp • National commercial banks • New York
This Acquisition Finance Securities Purchase Agreement (this “Agreement”) is dated as of January 16, 2024, by and among FirstSun Capital Bancorp, a Delaware corporation (the “Company”), and each purchaser identified on the signature pages hereto (each, including its successors and assigns, a “Purchaser” and collectively, the “Purchasers”).
TO AMENDED AND RESTATED EMPLOYMENT AGREEMENTEmployment Agreement • July 26th, 2021 • Firstsun Capital Bancorp • National commercial banks • Colorado
THIS 2019 AMENDMENT TO AMENDED AND RESTATED EMPLOYMENT AGREEMENT (this “Amendment”) is made and entered into as of February 21, 2019, by and among ROBERT A. CAFERA, JR., an individual resident of the State of Kentucky (“Executive”), FIRSTSUN CAPITAL BANCORP, a Delaware corporation (“Bancorp”), and SUNFLOWER BANK, N.A., a national banking association (the “Bank” and, together with Bancorp, “Employer”). Executive and Employer are each sometimes referred to herein individually as a “Party” and collectively as the “Parties.”
FORM OF HOMESTREET VOTING AGREEMENT COMPANY VOTING AND SUPPORT AGREEMENTCompany Voting and Support Agreement • January 19th, 2024 • Firstsun Capital Bancorp • National commercial banks
As a holder of common stock, no par value, of HomeStreet Inc., a Washington corporation (“Company”) (the “Company Common Stock”), the undersigned (the “Stockholder”) understands that Company, FirstSun Capital Bancorp, a Delaware corporation (“Parent”) and Dynamis Subsidiary, Inc., a Washington corporation and a direct and wholly owned subsidiary of Parent (“Merger Sub” and together with Parent, the “Parent Parties”) are concurrently entering into an Agreement and Plan of Merger, dated as of the date of this voting and support agreement (this “Agreement” and, such agreement and plan of merger as it may be amended, modified or supplemented from time to time in accordance with its terms, the “Merger Agreement”), pursuant to which, among other things and subject to the terms and conditions set forth in the Merger Agreement, (i) Merger Sub will merge with and into Company (the “Merger”), so that Company is the surviving entity in the Merger (the “Interim Surviving Entity”), (ii) immediately
FORM OF AMENDMENT NO. 3 TO STOCKHOLDERS' AGREEMENT AMENDMENT NO. 3 TO STOCKHOLDERS’ AGREEMENTStockholders' Agreement • January 9th, 2024 • Firstsun Capital Bancorp • National commercial banks • Delaware
THIS AMENDMENT NO. 3 TO STOCKHOLDERS’ AGREEMENT (this “Amendment”) is made and entered into as of January 2, 2024, by and among FIRSTSUN CAPITAL BANCORP, a Delaware corporation (the “Corporation”), and the Persons executing the signature pages hereto.
TO AMENDED AND RESTATED EMPLOYMENT AGREEMENTEmployment Agreement • March 25th, 2022 • Firstsun Capital Bancorp • National commercial banks • Colorado
THIS 2022 AMENDMENT TO AMENDED AND RESTATED EMPLOYMENT AGREEMENT (this “Amendment”) is made and entered into as of March 24, 2022, by and among ROBERT A. CAFERA, JR., an individual resident of the State of Kentucky (“Executive”), FIRSTSUN CAPITAL BANCORP, a Delaware corporation (“Bancorp”), and SUNFLOWER BANK, N.A., a national banking association (the “Bank” and, together with Bancorp, “Employer”). Executive and Employer are each sometimes referred to herein individually as a “Party” and collectively as the “Parties.”
FIRST AMENDMENT TO THE ACQUISITION FINANCE SECURITIES PURCHASE AGREEMENT BY AND AMONG FIRSTSUN CAPITAL BANCORP AND THE OTHER SIGNATORIES THERETO April 30, 2024Acquisition Finance Securities Purchase Agreement • April 30th, 2024 • Firstsun Capital Bancorp • National commercial banks • New York
This First Amendment to the Acquisition Finance Securities Purchase Agreement, dated as of April 30, 2024 (this “Amendment”), is entered into by and among FirstSun Capital Bancorp, a Delaware corporation (the “Company”), and each purchaser identified on the signature pages hereto (each, including its successors and assigns, a “Purchaser” and collectively, the “Purchasers”).
FORM OF REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • January 19th, 2024 • Firstsun Capital Bancorp • National commercial banks
This Registration Rights Agreement (this “Agreement”) is made and entered into as of January 16, 2024, by and among FirstSun Capital Bancorp, a Delaware corporation (the “Company”), and the several purchasers signatory hereto (each a “Purchaser” and collectively, the “Purchasers”).
