GUARANTEE AGREEMENT HF FINANCIAL CORP. Dated as of July 5, 2007Guarantee Agreement • September 17th, 2012 • Hf Financial Corp • Savings institution, federally chartered • New York
This GUARANTEE AGREEMENT (the "Guarantee"), dated as of July 5, 2007, is executed and delivered by HF Financial Corp., a savings and loan holding company incorporated in the State of Delaware (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 HF Financial Capital Trust VI, a Delaware statutory trust (the "Issuer").
EXHIBIT 10.9Employment Agreement • September 25th, 1998 • Hf Financial Corp • Savings institution, federally chartered • South Dakota
EXHIBIT 10.10Employment Agreement • September 25th, 1998 • Hf Financial Corp • Savings institution, federally chartered • South Dakota
EXHIBIT 10.12Change-in-Control Agreement • September 25th, 1998 • Hf Financial Corp • Savings institution, federally chartered • South Dakota
EMPLOYMENT AGREEMENTEmployment Agreement • September 29th, 1997 • Hf Financial Corp • Savings institution, federally chartered • South Dakota
HOME FEDERAL BANK CHANGE-IN-CONTROL AGREEMENTChange-in-Control Agreement • May 3rd, 2013 • Hf Financial Corp • Savings institution, federally chartered • South Dakota
This Change-in-Control Agreement (this "Agreement") is entered into as of the 27th day of March, 2013, and effective March 31, 2013, contemporaneously with an Employment Agreement, by and between Home Federal Bank, a federally chartered savings bank, the operating subsidiary of HF Financial, Inc. (the "Holding Company"), and Pamela F. Russo (the "Employee"). As used herein, the term "the Bank" shall mean Home Federal Bank, or if the context requires, its successor.
EXHIBIT 10.11Change-in-Control Agreement • September 25th, 1998 • Hf Financial Corp • Savings institution, federally chartered • South Dakota
HOME FEDERAL SAVINGS BANK EMPLOYMENT AGREEMENT THIS EMPLOYMENT AGREEMENT ("Agreement") is made and entered into as of this 8th day of April, 1999, contemporaneously with the Change-in-Control Agreement, by and between HOME FEDERAL SAVINGS BANK, a...Employment Agreement • September 28th, 1999 • Hf Financial Corp • Savings institution, federally chartered • South Dakota
WILMINGTON TRUST COMPANYIndenture • September 17th, 2012 • Hf Financial Corp • Savings institution, federally chartered
THIS INDENTURE, dated as of July 5, 2007, between HF Financial Corp., a savings and loan holding company incorporated in Delaware (hereinafter sometimes called the "Company"), and Wilmington Trust Company, a Delaware banking corporation, as trustee (hereinafter sometimes called the "Trustee").
HOME FEDERAL BANK EMPLOYMENT AGREEMENTEmployment Agreement • May 3rd, 2013 • Hf Financial Corp • Savings institution, federally chartered • South Dakota
THIS EMPLOYMENT AGREEMENT (“Agreement”) is made and entered into as of this 27th day of March, 2013, by and between HOME FEDERAL BANK, a federally chartered savings bank (hereinafter referred to as the “Bank”), P. O. Box 5000, Sioux Falls, South Dakota 57117-5000, the operating subsidiary of HF Financial Corp. (the “Holding Company”) and Natalie A. Sundvold (the “Employee”).
HOME FEDERAL BANK SECOND AMENDED AND RESTATED EMPLOYMENT AGREEMENTEmployment Agreement • March 17th, 2014 • Hf Financial Corp • Savings institution, federally chartered • South Dakota
THIS SECOND AMENDED AND RESTATED EMPLOYMENT AGREEMENT ("Agreement") is made and entered into as of this 13th day of March, 2014, by and between HOME FEDERAL BANK, a federally chartered savings bank (hereinafter referred to as the "Bank"), P. O. Box 5000, Sioux Falls, South Dakota 57117-5000, the operating subsidiary of HF Financial Corp. (the "Holding Company") and Stephen M. Bianchi (the "Employee").
HOME FEDERAL SAVINGS BANK CHANGE-IN-CONTROL AGREEMENT This Change-in-Control Agreement (the "Agreement") is entered into as of this 8th day of April, 1999, by and between Home Federal Savings Bank, a federally-chartered savings bank (the "Bank") and...Change-in-Control Agreement • September 28th, 1999 • Hf Financial Corp • Savings institution, federally chartered • South Dakota
FIRST SUPPLEMENTAL INDENTURESupplemental Indenture • May 16th, 2016 • Hf Financial Corp • Savings institution, federally chartered • New York
THIS FIRST SUPPLEMENTAL INDENTURE dated as of May 13, 2016 is by and among Wilmington Trust Company, a Delaware trust company, as Trustee (herein, together with its successors in interest, the “Trustee”), Great Western Bancorp, Inc., a Delaware corporation (the “Successor Company”), and HF Financial Corp., a Delaware corporation (the “Company”), under the Indenture referred to below.
HOME FEDERAL BANK EMPLOYMENT AGREEMENTEmployment Agreement • July 9th, 2007 • Hf Financial Corp • Savings institution, federally chartered • South Dakota
THIS EMPLOYMENT AGREEMENT (“Agreement”) is made and entered into as of this 2nd day of July, 2007, contemporaneously with the Change-in-Control Agreement, by and between HOME FEDERAL BANK, a South Dakota corporation (hereinafter referred to as the “Bank”), P. O. Box 5000, Sioux Falls, South Dakota 57117-5000 and Curtis L. Hage.
HOME FEDERAL BANK RESTATED EMPLOYMENT AGREEMENTEmployment Agreement • January 7th, 2009 • Hf Financial Corp • Savings institution, federally chartered • South Dakota
THIS RESTATED EMPLOYMENT AGREEMENT (“Agreement”) is made and entered into as of this 31st day of December, 2008, contemporaneously with the Restated Change-in-Control Agreement, by and between HOME FEDERAL BANK, a South Dakota corporation (hereinafter referred to as the “Bank”), P. O. Box 5000, Sioux Falls, South Dakota 57117-5000 and Curtis L. Hage (the “Employee”).
HOME FEDERAL BANK RESTATED CHANGE-IN-CONTROL AGREEMENTChange-in-Control Agreement • January 7th, 2009 • Hf Financial Corp • Savings institution, federally chartered • South Dakota
This Restated Change-in-Control Agreement (this “Agreement”) is entered into as of this 31st day of December, 2008, by and between Home Federal Bank, a federally chartered savings bank and Curtis L. Hage (the “Employee”). As used herein, the term “the Bank” shall mean Home Federal Bank, or if the context requires, its successor.
FIRST SUPPLEMENTAL INDENTUREFirst Supplemental Indenture • May 16th, 2016 • Hf Financial Corp • Savings institution, federally chartered • New York
THIS FIRST SUPPLEMENTAL INDENTURE dated as of May 13, 2016 is by and among Wilmington Trust Company, a Delaware trust company, as Trustee (herein, together with its successors in interest, the “Trustee”), Great Western Bancorp, Inc., a Delaware corporation (the “Successor Company”), and HF Financial Corp., a Delaware corporation (the “Company”), under the Indenture referred to below.
HF FINANCIAL CORP. STOCK OPTION AGREEMENTStock Option Agreement • September 28th, 2007 • Hf Financial Corp • Savings institution, federally chartered
HF Financial Corp., a Delaware corporation (the “Company”), hereby grants to «Name», (the “Optionee”), an option (the “Option”) to purchase a total of «Number» shares of Common Stock (the “Shares”), at the price determined as provided herein, and in all respects subject to the terms, definitions and provisions of the 2002 Stock Option and Incentive Plan (the “Plan”) adopted by the Company, which is incorporated herein by reference. Unless otherwise defined herein, the terms defined in the Plan shall have the same defined meanings herein.
EXHIBIT 10.13Change-in-Control Agreement • September 25th, 1998 • Hf Financial Corp • Savings institution, federally chartered • South Dakota
SEPARATION AGREEMENT AND RELEASESeparation Agreement • October 5th, 2011 • Hf Financial Corp • Savings institution, federally chartered • South Dakota
THIS SEPARATION AGREEMENT AND RELEASE (“Agreement”) is made and entered into by and between Darrel L. Posegate (“Employee” or “Posegate”) and Home Federal Bank (the “Company”).
RENEWAL ADDENDUM NO. 1 TO SECOND AMENDED AND RESTATED EMPLOYMENT AGREEMENTEmployment Agreement • March 20th, 2015 • Hf Financial Corp • Savings institution, federally chartered
This Renewal Addendum No. 1 is made this 17th day of March, 2015, to the Second Amended and Restated Employment Agreement between Stephen M. Bianchi (the “Employee”) and Home Federal Bank, a South Dakota state chartered bank (the “Bank”), dated March 13, 2014 (the “Employment Agreement”). The Board of Directors of the Bank and of HF Financial Corp., the parent company of the Bank, have authorized the Chairman of the Bank’s Board of Directors to execute this Renewal Addendum No. 1 on behalf of the Bank.
RENEWAL ADDENDUM NO. 3 TO EMPLOYMENT AGREEMENTEmployment Agreement • April 5th, 2016 • Hf Financial Corp • Savings institution, federally chartered
This Renewal Addendum No. 3 is made this 30th day of March, 2016, to the Employment Agreement between Michael Westberg (the “Employee”) and Home Federal Bank, a South Dakota state chartered bank (the “Bank”), dated March 27, 2013 (the “Employment Agreement”). The Board of Directors of the Bank and of HF Financial Corp., the parent company of the Bank, have authorized the Chairman of the Bank’s Board of Directors to execute this Renewal Addendum No. 3 on behalf of the Bank.
STANDSTILL AGREEMENTStandstill Agreement • August 31st, 2009 • Hf Financial Corp • Savings institution, federally chartered • Delaware
This Standstill Agreement (this “Agreement”) is entered into as of August 26, 2009, by and among HF Financial Corp., a Delaware corporation (the “Company”), and each of Financial Edge Fund, L.P., Financial Edge-Strategic Fund, L.P., PL Capital/Focused Fund, L.P., Goodbody/PL Capital, L.P., Goodbody/PL Capital, LLC, PL Capital Advisors, LLC, PL Capital, LLC, PL Capital Defined Benefit Pension Plan, John W. Palmer and Richard J. Lashley (each a “PL Capital Party” and collectively the “PL Capital Parties”). Except as the context otherwise requires, all capitalized terms not otherwise defined herein shall have the meaning as defined in Section 1.1 hereof.
HOME FEDERAL SAVINGS BANK EMPLOYMENT AGREEMENTEmployment Agreement • September 28th, 2001 • Hf Financial Corp • Savings institution, federally chartered • South Dakota
THIS EMPLOYMENT AGREEMENT ("Agreement") is made and entered into as of this 8th day of April, 2000, contemporaneously with the Change-in-Control Agreement, by and between HOME FEDERAL SAVINGS BANK, a South Dakota corporation (hereinafter referred to as the "Bank"), P. O. Box 5000, Sioux Falls, South Dakota 57117-5000 and David A. Brown (the "Employee"), 4312 S. Fireside Avenue, Sioux Falls, South Dakota 57103.
RENEWAL ADDENDUM NO. 1 TO EMPLOYMENT AGREEMENTEmployment Agreement • March 17th, 2014 • Hf Financial Corp • Savings institution, federally chartered
This Renewal Addendum No. 1 is made this 13th day of March, 2014, to the Employment Agreement between Michael Westberg (the “Employee”) and Home Federal Bank, a federally chartered savings bank (the “Bank”), dated March 27, 2013 (the “Employment Agreement”). The Board of Directors of the Bank and of HF Financial Corp., the parent company of the Bank, have authorized the Chairman of the Bank’s Board of Directors to execute this Renewal Addendum No. 1 on behalf of the Bank.
CONFIDENTIALITY AGREEMENTConfidentiality Agreement • July 31st, 2012 • Hf Financial Corp • Savings institution, federally chartered • Delaware
THIS CONFIDENTIALITY AGREEMENT (this “Agreement”) is entered into this 30th day of July, 2012, by and among HF Financial Corp., a Delaware corporation (along with its affiliates, the “Company”), and Jacobs Asset Management, L.L.C. (the “Recipient” or “JAM”). The Company and the Recipient are sometimes referred to in this Agreement individually as a “Party” and collectively as the “Parties.”
HF FINANCIAL CORP. STOCK APPRECIATION RIGHTS AGREEMENT (Stock Settled)Stock Appreciation Rights Agreement • September 19th, 2006 • Hf Financial Corp • Savings institution, federally chartered
HF Financial Corp., a Delaware corporation (the “Company”), hereby grants to _____________, (the “Recipient”), a Stock Appreciation Right (the “SAR”) with respect to a total of shares of Common Stock, at the price determined as provided herein, and in all respects subject to the terms, definitions and provisions of the 2002 Stock Option and Incentive Plan (the “Plan”) adopted by the Company, which is incorporated herein by reference. Unless otherwise defined herein, the terms defined in the Plan shall have the same defined meanings herein.
REAL ESTATE PURCHASE AGREEMENTReal Estate Purchase Agreement • February 11th, 2005 • Hf Financial Corp • Savings institution, federally chartered
THIS AGREEMENT, made and entered into this 21st day of December, 2004, by and between MVB Properties, Inc., a South Dakota corporation (the “Buyer”) and HF Financial Corp., a Delaware corporation (the “Seller”);
RENEWAL ADDENDUM NO. 1 TO EMPLOYMENT AGREEMENTEmployment Agreement • March 17th, 2014 • Hf Financial Corp • Savings institution, federally chartered
This Renewal Addendum No. 1 is made this 13th day of March, 2014, to the Employment Agreement between Brent R. Olthoff (the “Employee”) and Home Federal Bank, a federally chartered savings bank (the “Bank”), dated March 27, 2013 (the “Employment Agreement”). The Board of Directors of the Bank and of HF Financial Corp., the parent company of the Bank, have authorized the Chairman of the Bank’s Board of Directors to execute this Renewal Addendum No. 1 on behalf of the Bank.
SEPARATION AGREEMENT AND RELEASESeparation Agreement • January 13th, 2012 • Hf Financial Corp • Savings institution, federally chartered • South Dakota
THIS SEPARATION AGREEMENT AND RELEASE (“Agreement”) is made and entered into by and between David A. Brown (“Employee” or “Brown”) and Home Federal Bank (the “Company” or “Home Federal”).
RENEWAL ADDENDUM NO. 3 TO EMPLOYMENT AGREEMENTEmployment Agreement • April 5th, 2016 • Hf Financial Corp • Savings institution, federally chartered
This Renewal Addendum No. 3 is made this 30th day of March, 2016, to the Employment Agreement between Brent R. Olthoff (the “Employee”) and Home Federal Bank, a South Dakota state chartered bank (the “Bank”), dated March 27, 2013 (the “Employment Agreement”). The Board of Directors of the Bank and of HF Financial Corp., the parent company of the Bank, have authorized the Chairman of the Bank’s Board of Directors to execute this Renewal Addendum No. 3 on behalf of the Bank.
UNITED STATES DEPARTMENT OF THE TREASURYRepurchase Agreement • June 30th, 2009 • Hf Financial Corp • Savings institution, federally chartered • New York
Reference is made to that certain letter agreement (the “Repurchase Letter Agreement”), dated as of the date set forth on Schedule A hereto, between the United States Department of the Treasury (the “Investor”) and the company set forth on Schedule A hereto (the “Company”). Capitalized terms used but not defined herein shall have the meanings assigned to them in the Repurchase Letter Agreement.
Underwriting AgreementUnderwriting Agreement • November 2nd, 2009 • Hf Financial Corp • Savings institution, federally chartered • New York
HF Financial Corp., a Delaware corporation (the “Company”), proposes, subject to the terms and conditions stated herein, to issue and sell to the underwriter or underwriters, as the case may be, named in Schedule I hereto (each, an “Underwriter” and, collectively, the “Underwriters”; in the event that only a sole Underwriter is named on Schedule I hereto, then all references to “Underwriters” shall be deemed to mean and refer to such sole Underwriter, mutatis mutandis), for whom Sandler O’Neill & Partners, L.P. is acting as representative (the “Representative”), an aggregate of shares (the “Firm Shares”) and, at the election of the Underwriters, up to additional shares (the “Optional Shares”) of the common stock, par value $0.01 per share (“Common Stock”) of the Company (the Firm Shares and the Optional Shares that the Underwriters elect to purchase pursuant to Section 2 hereof are herein collectively called the “Shares”).
FORM OF STOCKHOLDER VOTING AGREEMENTStockholder Voting Agreement • November 30th, 2015 • Hf Financial Corp • Savings institution, federally chartered • Delaware
STOCKHOLDER VOTING AGREEMENT, dated as of , 2015 (this “Agreement”), by the undersigned stockholder (the “Stockholder”) of HF Financial Corp., a Delaware corporation (the “Company”), for the benefit of Great Western Bancorp, Inc., a Delaware corporation (“GWBI”).
CONFIDENTIAL SEPARATION AGREEMENT AND RELEASESeparation Agreement • November 8th, 2013 • Hf Financial Corp • Savings institution, federally chartered • South Dakota
This Separation Agreement and Release ("Agreement") is entered into by and between HOME FEDERAL BANK, a federally chartered savings bank (hereinafter referred to as the “Bank”), P. O. Box 5000, Sioux Falls, South Dakota 57117-5000, the operating subsidiary of HF Financial Corp. (the “Holding Company”) and Natalie A. Sundvold (the “Employee”).
