Bankunited Financial Corp Sample Contracts

Standard Contracts

Senior Notes
Indenture • December 29th, 1998 • Bankunited Financial Corp • Savings institution, federally chartered • New York
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BETWEEN BANKUNITED FINANCIAL CORPORATION (AS GUARANTOR) AND THE BANK OF NEW YORK (AS TRUSTEE) DATED AS OF MARCH 24, 1997
Guarantee Agreement • March 27th, 1997 • Bankunited Financial Corp • Savings institution, federally chartered • Florida
BANKUNITED FINANCIAL CORPORATION
Shareholder Agreement • December 29th, 1998 • Bankunited Financial Corp • Savings institution, federally chartered
20,000 10 1/4% Trust Preferred Securities guaranteed to a limited extent by BANKUNITED FINANCIAL CORPORATION
Purchase Agreement • March 27th, 1997 • Bankunited Financial Corp • Savings institution, federally chartered • Florida
AMONG
Registration Rights Agreement • March 27th, 1997 • Bankunited Financial Corp • Savings institution, federally chartered • Florida
EXHIBIT 1.1 5,000,000 Shares* BANKUNITED FINANCIAL CORPORATION Class A Common Stock UNDERWRITING AGREEMENT
Underwriting Agreement • May 25th, 2001 • Bankunited Financial Corp • Savings institution, federally chartered • Florida
AMONG BANKUNITED FINANCIAL CORPORATION, AS DEPOSITOR,
Trust Agreement • March 27th, 1997 • Bankunited Financial Corp • Savings institution, federally chartered • Delaware
AND CENTRAL BANK
Merger Agreement • January 2nd, 1998 • Bankunited Financial Corp • Savings institution, federally chartered
AMONG
Registration Rights Agreement • March 27th, 1997 • Bankunited Financial Corp • Savings institution, federally chartered • Florida
FIRST AMENDMENT EXHIBIT 10.1 TO EMPLOYMENT AGREEMENT
Employment Agreement • May 17th, 1999 • Bankunited Financial Corp • Savings institution, federally chartered
EXHIBIT 2.2 AGREEMENT AND PLAN OF MERGER BETWEEN BANKUNITED FINANCIAL CORPORATION AND CONSUMERS BANCORP, INC.
Merger Agreement • November 10th, 1997 • Bankunited Financial Corp • Savings institution, federally chartered
GLOBAL SENIOR NOTE (Fixed Rate)
Note • December 29th, 1998 • Bankunited Financial Corp • Savings institution, federally chartered
RECITALS
Employment Agreement • August 11th, 2003 • Bankunited Financial Corp • Savings institution, federally chartered
ARTICLE I
Agreement as to Expenses and Liabilities • March 27th, 1997 • Bankunited Financial Corp • Savings institution, federally chartered • New York
RECITALS
Employment Agreement • August 11th, 2003 • Bankunited Financial Corp • Savings institution, federally chartered
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AGREEMENT
Employment Agreement • May 14th, 2001 • Bankunited Financial Corp • Savings institution, federally chartered • Florida
REGISTRATION RIGHTS AGREEMENT
Registration Rights Agreement • May 12th, 2004 • Bankunited Financial Corp • Savings institution, federally chartered • New York

THIS REGISTRATION RIGHTS AGREEMENT (the “Agreement”) is made and entered into as of February 27, 2004, by and between BankUnited Financial Corporation, a Florida corporation (the “Company”) and Bear Stearns & Co. Inc. and the other Initial Purchasers named in the Purchase Agreement referred to below (collectively, the “Initial Purchasers”), for whom Bear Stearns & Co. Inc. is acting as representative, pursuant to that certain Purchase Agreement, dated as of February 24, 2004 (the “Purchase Agreement”), between the Company and the Initial Purchasers.

AGREEMENT
Employment Agreement • December 30th, 2002 • Bankunited Financial Corp • Savings institution, federally chartered • Florida
ADVANCES AND SECURITY AGREEMENT
Advances and Security Agreement • May 10th, 2005 • Bankunited Financial Corp • Savings institution, federally chartered • Georgia

This ADVANCES AND SECURITY AGREEMENT (this “Agreement”), dated as of the earlier of the date of execution by the Bank (as hereinafter defined) and February 15, 2005 is entered into between BankUnited, FSB, a a savings and loan assocation organized under the laws of and located in the state of Florida, having its principal place of business at 255 Alhambra Circle 2nd Floor, Coral Gables, FL 33134-5420 (the “Borrower”) and the Federal Home Loan Bank of Atlanta, a corporation organized and existing under the laws of the United States, having its principal office at 1475 Peachtree Street, N.E., Atlanta, Georgia 30309 (the “Bank”).

Exhibit 10.2 CHANGE IN CONTROL AGREEMENT
Change in Control Agreement • May 2nd, 2003 • Bankunited Financial Corp • Savings institution, federally chartered • Florida
AMENDED AND RESTATED EMPLOYMENT AGREEMENT
Employment Agreement • December 5th, 2007 • Bankunited Financial Corp • Savings institution, federally chartered • Florida

THIS EMPLOYMENT AGREEMENT (“Agreement”) is made and entered into as of the December 3, 2007 by and between Humberto L. Lopez (hereinafter the “Executive”) and BankUnited, FSB (the “Bank”).

CHANGE IN CONTROL AGREEMENT
Change in Control Agreement • August 9th, 2006 • Bankunited Financial Corp • Savings institution, federally chartered • Florida

This AGREEMENT is made as of the fifth day of June, 2006, between BANKUNITED FINANCIAL CORPORATION, a Florida corporation (the “Corporation”), and Hunting Deutsch (“Officer”).

LOGO] FEDERAL HOME LOAN BANK OF ATLANTA AGREEMENT FOR ADVANCES AND SECURITY AGREEMENT WITH BLANKET FLOATING LIEN
Agreement for Advances and Security Agreement With Blanket Floating Lien • February 14th, 2003 • Bankunited Financial Corp • Savings institution, federally chartered • Georgia

AGREEMENT, dated as of October 1, 2002 between BankUnited, FSB 255 Alhambra Circle, Coral Gables, Florida 33134 having its principal place of business at (“Member”) and the Federal Home Loan Bank of Atlanta, 1475 Peachtree Street, N. E., Atlanta, Georgia 30309 (“Bank”).

DEFINED CONTRIBUTION PROTOTYPE PLAN AND TRUST AGREEMENT
Defined Contribution Prototype Plan and Trust Agreement • December 30th, 2002 • Bankunited Financial Corp • Savings institution, federally chartered
Exhibit 1.1 3,000,000 Shares of Class A Common Stock BANKUNITED FINANCIAL CORPORATION UNDERWRITING AGREEMENT
Underwriting Agreement • May 21st, 2003 • Bankunited Financial Corp • Savings institution, federally chartered • New York
5,750,000 Shares of Class A Common Stock BANKUNITED FINANCIAL CORPORATION UNDERWRITING AGREEMENT January 19, 2006
Underwriting Agreement • January 20th, 2006 • Bankunited Financial Corp • Savings institution, federally chartered • New York

BankUnited Financial Corporation, a corporation organized and existing under the laws of Florida (the “Company”), proposes, subject to the terms and conditions stated herein, to issue and sell to Keefe, Bruyette & Woods, Inc. (the “Underwriter”) an aggregate of 5,750,000 shares (the “Shares”) of its Class A Common Stock, par value $0.01 per share (the “Common Stock”) which will be offered and sold to the public (the “Offering”). The Shares are more fully described in the Registration Statement and Prospectus referred to below.

Exhibit 10.10
Change in Control Agreement • December 28th, 1999 • Bankunited Financial Corp • Savings institution, federally chartered • Florida
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