The undersigned (individually and collectively the "Subscriber"), ---------- intending to be legally bound, hereby applies to Crescent Banking Company (the "Company") to purchase the number of shares of Company's $1.00 par value common -------- stock...Subscription Agreement • October 26th, 2001 • Crescent Banking Co • State commercial banks • Georgia
EXHIBIT 10.12 AMENDED AND RESTATED TRUST AGREEMENTTrust Agreement • February 14th, 2002 • Crescent Banking Co • State commercial banks • Delaware
EXHIBIT 10.14 GUARANTEE AGREEMENTGuarantee Agreement • February 14th, 2002 • Crescent Banking Co • State commercial banks • New York
RECITALSStock Pledge Agreement • April 5th, 1999 • Crescent Banking Co • State commercial banks
BACKGROUNDCompensation Agreement • April 23rd, 2002 • Crescent Banking Co • State commercial banks
GUARANTEE AGREEMENT CRESCENT BANKING COMPANY Dated as of August 27, 2007Guarantee Agreement • August 31st, 2007 • Crescent Banking Co • State commercial banks • New York
This GUARANTEE AGREEMENT (the “Guarantee”), dated as of August 27, 2007, is executed and delivered by Crescent Banking Company, incorporated in Georgia (the “Guarantor”), and LaSalle Bank National Association, 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 Crescent Capital Trust IV, a Delaware statutory trust (the “Issuer”).
CRESCENT MORTGAGE SERVICES, INC.,And Security Agreement • October 26th, 2001 • Crescent Banking Co • State commercial banks • Florida
AMENDED AND RESTATED TRUST AGREEMENT Among CRESCENT BANKING COMPANY as Depositor, WILMINGTON TRUST COMPANY as Property Trustee, WILMINGTON TRUST COMPANY, as Delaware Trustee, and J. Donald Boggus, Jr. Leland W. Brantley, Jr. and Bonnie B. Boling as...Trust Agreement • October 6th, 2005 • Crescent Banking Co • State commercial banks • Delaware
THIS AMENDED AND RESTATED TRUST AGREEMENT, dated as of September 30, 2005, is by and among (i) Crescent Banking Company, a Georgia corporation (including any successors or assigns, the “Depositor”), (ii) Wilmington Trust Company, a Delaware banking corporation, as property trustee (in such capacity, the “Property Trustee” and, in its separate corporate capacity and not in its capacity as Property Trustee or Delaware Trustee, the “Bank”), (iii) Wilmington Trust Company, a Delaware banking corporation, as Delaware trustee (in such capacity, the “Delaware Trustee”) (the Property Trustee and the Delaware Trustee are referred to collectively herein as the “Issuer Trustees”), (iv) the Administrators, as hereinafter defined, and (v) the several Holders, as hereinafter defined.
Section 5.2 No Violation............................................20 Section 5.3 Corporate Authority.....................................21 Section 5.4 Enforceable Agreement...................................21 Section 5.5 Proceedings and...Branch Purchase and Assumption Agreement • April 26th, 1999 • Crescent Banking Co • State commercial banks • Georgia
AMENDED AND RESTATED CHANGE OF CONTROL EMPLOYMENT AGREEMENTChange of Control Employment Agreement • January 6th, 2009 • Crescent Banking Co • State commercial banks • Georgia
THIS AMENDED AND RESTATED CHANGE OF CONTROL EMPLOYMENT AGREEMENT by and between Crescent Banking Company (the “Company”) and Anthony N. Stancil (“Executive”) is dated as of December 30, 2008, and amends and restates in its entirety the Change of Control Employment Agreement dated as of February 20, 2003, as further amended and restated on May 12, 2006.
EXHIBIT 10.15 LOAN AND STOCK PLEDGE AGREEMENT THIS LOAN AND STOCK PLEDGE AGREEMENT (the "Agreement"), entered into as of July 28, 1999, between CRESCENT BANKING COMPANY, a Georgia corporation (the "Borrower"), and THE BANKERS BANK, a Georgia banking...Loan and Stock Pledge Agreement • February 14th, 2002 • Crescent Banking Co • State commercial banks • Georgia
GUARANTEE AGREEMENT Between CRESCENT BANKING COMPANY as Guarantor, and WILMINGTON TRUST COMPANY as Guarantee Trustee, Dated as of September 30, 2005Guarantee Agreement • October 6th, 2005 • Crescent Banking Co • State commercial banks • New York
THIS GUARANTEE AGREEMENT, dated as of September 30, 2005, is executed and delivered by CRESCENT BANKING COMPANY, a Georgia corporation (the “Guarantor”), having its principal office at 7 Caring Way, Jasper, Georgia 30143, 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 CRESCENT CAPITAL TRUST II, a Delaware statutory trust (the “Issuer Trust”).
AMENDED AND RESTATED CHANGE IN CONTROL EMPLOYMENT AGREEMENTChange in Control Employment Agreement • May 15th, 2006 • Crescent Banking Co • State commercial banks • Georgia
THIS AMENDED AND RESTATED CHANGE IN CONTROL EMPLOYMENT AGREEMENT by and between Crescent Banking Company (the “Company”) and Bonnie Boling (“Executive”) is dated as of May 12, 2006 and amends and restates in its entirety the Change of Control Employment Agreement dated as of November 18, 2004 between the Company and the Executive.
CHANGE OF CONTROL EMPLOYMENT AGREEMENTChange of Control Employment Agreement • April 6th, 2005 • Crescent Banking Co • State commercial banks • Georgia
THIS CHANGE OF CONTROL EMPLOYMENT AGREEMENT (the “Agreement”) by and between Crescent Bank & Trust Company (together with its successors and assigns, the “Bank”) and Suzanne T. Phipps (the “Employee”), is dated as of August 19, 2004, and shall become effective as of the Effective Time of the Crescent Merger.
EMPLOYMENT AGREEMENT BETWEEN THE BANK AND MR. ROBERT C. KENKNIGHT DATED AS OF MAY 1, 1997Employment Agreement • March 31st, 1998 • Crescent Banking Co • State commercial banks • Georgia
FIFTH AMENDMENT TO MORTGAGE WAREHOUSE LOAN AND SECURITY AGREEMENTLoan and Security Agreement • November 14th, 2003 • Crescent Banking Co • State commercial banks • Florida
This Fifth Amendment to Mortgage Warehouse Loan and Security Agreement (this “Amendment”), made by and between CRESCENT MORTGAGE SERVICES, INC., a Georgia corporation, as borrower (“Borrower”), and COLONIAL BANK, N.A., a national banking association (f/k/a Colonial Bank), as lender (“Lender”), is dated as of the 30lh day of September, 2003.
INCENTIVE STOCK OPTION AGREEMENT under the CRESCENT BANKING COMPANYIncentive Stock Option Agreement • March 31st, 2005 • Crescent Banking Co • State commercial banks
SUBSERVICING AGREEMENT Dated: January 1, 1999 BY AND BETWEEN CRESCENT MORTGAGE SERVICES, INC., as the Owner/Servicer AND CENLAR, F.S.B, as the SubservicerSubservicing Agreement • August 14th, 2003 • Crescent Banking Co • State commercial banks • New Jersey
THIS SUBSERVICING AGREEMENT (“Agreement”) is made as of the day of January, 1999 by and between CRESCENT MORTGAGE SERVICES, INC. (herein, “Owner/Servicer”), and CENLAR FSB (herein, “Subservicer”).
LOAN PARTICIPATION SALE AGREEMENTSale Agreement • May 15th, 2003 • Crescent Banking Co • State commercial banks • Florida
THIS LOAN PARTICIPATION SALE AGREEMENT (the “Agreement”) is made and entered into as of the 16th day of April, 2003, by and between CRESCENT MORTGAGE SERVICES, INC., a Georgia corporation, whose address is 115 Perimeter Center Place, Suite 285, Atlanta, Georgia 30346 (the “Seller”) and COLONIAL BANK, an Alabama banking corporation, whose address is 201 East Pine Street, Suite 730, Orlando, Florida 32801 (the “Buyer”).
LIFE INSURANCE ENDORSEMENT METHOD SPLIT DOLLAR PLAN AGREEMENTCrescent Banking Co • March 31st, 2005 • State commercial banks
The respective rights and duties of the Bank and the Insured in the above-referenced policy shall be pursuant to the terms set forth below:
AMENDED AND RESTATED CUSTODIAL AGREEMENTCustodial Agreement • April 15th, 2003 • Crescent Banking Co • State commercial banks • New York
THIS AGREEMENT, dated as of the date set forth on the cover page hereof, among UBS Warburg Real Estate Securities Inc. (the “Participant”), the Custodian whose name is set forth on the cover page hereof (the “Custodian”) and the Seller whose name is set forth on the cover page hereof (the “Seller”).
ASSET PURCHASE AGREEMENT among CAROLINA FINANCIAL CORPORATION, CRESCENT MORTGAGE COMPANY, a Delaware corporation COMMUNITY FIRSTBANK and CRESCENT MORTGAGE SERVICES, INC., a Georgia corporation Dated as of November 3, 2003Asset Purchase Agreement • November 5th, 2003 • Crescent Banking Co • State commercial banks • Georgia
THIS ASSET PURCHASE AGREEMENT (this “Agreement”) is made and entered into as of November 3, 2003, among Carolina Financial Corporation, a Delaware corporation (“Carolina”), and its wholly owned subsidiary that is being organized, Crescent Mortgage Company, a Delaware corporation (“Newco,” and together with Carolina, “Purchaser”), Community FirstBank of Charleston, a South Carolina bank (“FirstBank”), joining in the Agreement solely for the limited purposes set forth in Sections 1.1(a) and 1.1(b), Section 1.3(b) and Section 12.2, and Crescent Mortgage Services, Inc., a Georgia corporation (“Seller”).
NON-QUALIFIED STOCK OPTION AGREEMENT under the CRESCENT BANKING COMPANYNon-Qualified Stock Option Agreement • March 31st, 2005 • Crescent Banking Co • State commercial banks
MASTER AGREEMENT MC03861.1Master Agreement • August 14th, 2003 • Crescent Banking Co • State commercial banks
This Master Agreement between Fannie Mae and Crescent Mortgage Services (“Lender”) governs the sale by Lender, and the purchase by Fannie Mae, of eligible residential mortgage loans (the “Mortgages”). This Master Agreement includes all of the terms and conditions described in all of the exhibits, attachments, conversions, commitments and MBS Pool Purchase Contracts (“MBS Contracts”) attached or entered into as a part of this Master Agreement. Additionally, the “Master Agreement Terms and Conditions” section of Fannie Mae’s Selling Guide (the “Selling Guide”), which is incorporated into this Agreement by this reference, outlines in more detail the general terms and conditions of the Master Agreement and MBS Contracts and contains a complete description of the terms “Master Conversions” and “MBS Pricing Confirmations,” as well as other related terms and instructions. The execution of this Master Agreement requires compliance with all provisions and sections of this Master Agreement, incl
PURCHASE AGREEMENTPurchase Agreement • February 4th, 2009 • Crescent Banking Co • State commercial banks • Georgia
Master Securities Forward Transaction Agreement GLOBAL CREDIT DEPT. PROCESSED A/C #: not open yet DATE: 7-19-02 Dated as of APRIL 3, 2002Crescent Banking Co • August 14th, 2003 • State commercial banks • New York
FOURTH AMENDMENT TO MORTGAGE WAREHOUSE LOAN AND SECURITY AGREEMENTLoan and Security Agreement • November 14th, 2003 • Crescent Banking Co • State commercial banks • Florida
This Fourth Amendment to Mortgage Warehouse Loan and Security Agreement (this “Amendment”), made by and between CRESCENT MORTGAGE SERVICES, INC., a Georgia corporation, as borrower (“Borrower”), and COLONIAL BANK, an Alabama banking corporation, as lender (“Lender”), is dated as of the 31st day of January, 2003.
AGREEMENT FOR THE PURCHASE OF SERVICING COISSUE FHLMC(Conventional) BETWEEN CHASE MANHATTAN MORTGAGE CORPORATION PURCHASER AND CRESCENT BANKING COMPANY, CRESCENT MORTGAGE SERVICES, INC., AND CRESCENT BANK & TRUST COMPANY SELLER Dated as of November 1,...Agreement • November 14th, 2003 • Crescent Banking Co • State commercial banks • New Jersey
This is an Agreement (the “Agreement”), dated as of November 1, 1997 by and between CHASE MANHATTAN MORTGAGE CORPORATION, a New Jersey corporation, having an office at 343 Thornall Street, Edison, New Jersey 08837 (the “Purchaser”) and CRESCENT BANKING COMPANY (CBC) having an office at 251 Highway 515, Jasper, GA 30143 (Parent); CRESCENT MORTGAGE SERVICES, INC. (CMSI) having an office at 115 Perimeter Center Place, NE, Suite 285, Atlanta, GA 30346; and CRESCENT BANK & TRUST COMPANY (CBTC) having an office at 115 Perimeter Center Place, NE, Suite 285, Atlanta, GA 30346 (individually and collectively referred to as “Seller”)
SECOND AMENDED AND RESTATED SUPPORT AGREEMENT, CASH COLLATERAL AND CONTROL AGREEMENT (Warehousing Facility)Support Agreement • April 15th, 2003 • Crescent Banking Co • State commercial banks • New York
SECOND AMENDED AND RESTATED SUPPORT AGREEMENT, CASH COLLATERAL AND CONTROL AGREEMENT, dated as of April 8, 2003 (as previously amended and as may be amended, restated or otherwise modified from time to time, the “Support Agreement”), among CRESCENT BANK AND TRUST COMPANY (“Bank”), CRESCENT MORTGAGE SERVICES, INC., as debtor (the “Company”), UBS WARBURG REAL ESTATE SECURITIES INC., as secured party (“UBSRES”) and UBS WARBURG LLC, as custodian and as securities intermediary (the “Custodian”).
AGREEMENT TO JOIN IN THE FILING OF CONSOLIDATED FEDERAL INCOME TAX RETURNSAgreement • August 14th, 2003 • Crescent Banking Co • State commercial banks
THIS AGREEMENT is made and entered into this 15th day of January, 1998, between Crescent Banking Company (the “Holding Company”), and Crescent Mortgage Services, Inc. (“CMS”).
EXECUTIVE SUPPLEMENTAL RETIREMENT PLAN AGREEMENTAgreement • March 31st, 2005 • Crescent Banking Co • State commercial banks • Georgia
This Agreement, made and entered into this day of , 200 , by and between Crescent Bank and Trust Company, a Bank organized and existing under the laws of the State of Georgia, hereinafter referred to as “the Bank”, and , a Key Employee and the Executive of the Bank, hereinafter referred to as “the Executive”.
MASTER CUSTODIAL AGREEMENTMaster Custodial Agreement • April 15th, 2003 • Crescent Banking Co • State commercial banks • Florida
This MASTER CUSTODIAL AGREEMENT (this “Custodial Agreement”) dated the date set forth on the cover page hereof, by and among COLONIAL BANK, an Alabama banking corporation (“Lender”), CRESCENT MORTGAGE SERVICES, INC., a Georgia corporation (“Borrower”), and THE BANK OF NEW YORK, a New York banking corporation (“Custodian”).
SUPPLEMENTAL DIRECTOR RETIREMENT PLAN CRESCENT BANK AND TRUST COMPANY Jasper, Georgia Effective September 1, 2007Crescent Banking Co • March 20th, 2008 • State commercial banks
This Supplemental Director Retirement Plan (the “Plan”) is effective as of September 1, 2007. This Plan formalizes the agreements by and between CRESCENT BANK AND TRUST COMPANY (the “Bank”), a state chartered commercial bank, and certain directors, hereinafter referred to as “Director(s)”, who have been selected and approved by the Bank to participate in this Plan and who have evidenced their participation by execution of a Supplemental Director Retirement Joinder Agreement (“Joinder Agreement”) in a form provided by the Bank. This Plan replaces the individual Director Supplemental Retirement Plan Agreements between the Bank and Directors and is intended to comply with Internal Revenue Code (“Code”) Section 409A and any regulatory or other guidance issued under such Section. Any reference herein to the “Company” shall mean CRESCENT BANKING COMPANY. The Company shall be a signatory to this Plan for the sole purpose of guaranteeing the Bank’s performance hereunder.
FEDERAL HOME LOAN BANK OF ATLANTA AGREEMENT FOR ADVANCES AND SECURITY AGREEMENT WITH BLANKET FLOATING LIENAtlanta Agreement • August 14th, 2003 • Crescent Banking Co • State commercial banks • Georgia
AGREEMENT, dated as of MAY 16, 2003 between CRESCENT BANK having its principal place of business at 251 HIGHWAY 515 JASPER. GA 30143 (“Member”) and the Federal Home Loan Bank of Atlanta, 1475 Peachtree Street, N. E., Atlanta, Georgia 30309 (“Bank”).
CORRESPONDENT LOAN PURCHASE AGREEMENTPurchase Agreement • August 14th, 2003 • Crescent Banking Co • State commercial banks • New York
This CORRESPONDENT LOAN PURCHASE AGREEMENT (this “Agreement”) dated as of January 6, 2000, is between THORNBURG MORTGAGE ASSET CORPORATION, a Maryland corporation (“TMA”), and the seller named below (the “Correspondent”).
