Unity Bancorp Inc /Nj/ Sample Contracts

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Agreement and Plan of Merger dated as of December 11, 1998 among Unity Bancorp, Inc. and Certified Mortgage Associates, Inc.
Merger Agreement • March 10th, 1999 • Unity Bancorp Inc /De/ • State commercial banks • New Jersey
AMENDMENT AGREEMENT
Merger Agreement • March 10th, 1999 • Unity Bancorp Inc /De/ • State commercial banks
AMENDED AND RESTATED RETENTION AGREEMENT
Retention Agreement • November 16th, 2022 • Unity Bancorp Inc /Nj/ • State commercial banks • New Jersey

AMENDED AND RETENTION AGREEMENT (this "Agreement") effective as of this 10 day of November 10, 2022, by and among UNITY BANK, a New Jersey state bank with its principal place of business located at 64 Old Highway 22, Clinton, New Jersey 08809 (the "Bank"), UNITY BANCORP, INC. a New Jersey corporation with its principal place of business located at 64 Old Highway 22, Clinton, New Jersey 08809 ("Unity") (Bank and Unity collectively, "Employer"), and John Kauchak, an individual residing at 736 Coolidge Avenue, North Plainfield, NJ 07063(the "Executive").

RETENTION AGREEMENT
Retention Agreement • October 10th, 2017 • Unity Bancorp Inc /Nj/ • State commercial banks • New Jersey

RETENTION AGREEMENT (this "Agreement") made as of this 18th day of September 2017, by and between UNITY BANK, a New Jersey state bank with its principal place of business located at 64 Old Highway 22, Clinton, New Jersey 08809 (the "Bank"), UNITY BANCORP, INC. a New Jersey corporation with its principal place of business located at 64 Old Highway 22, Clinton, New Jersey 08809 ("Unity") (Bank and Unity collectively, "Employer"), and JANICE BOLOMEY, an individual residing at 311 Strotz Road, Asbury, NJ 08802 (the "Executive").

UNITY BANCORP, INC. Common Stock (no par value per share) At Market Issuance Sales Agreement
At Market Issuance Sales Agreement • December 2nd, 2016 • Unity Bancorp Inc /Nj/ • State commercial banks • New York

Unity Bancorp, Inc., a New Jersey corporation (the “Company”), confirms its agreement (this “Agreement”), with Keefe, Bruyette & Woods, Inc. (“KBW”) or (the “Distribution Agent”) as follows:

RETENTION AGREEMENT
Retention Agreement • March 26th, 2004 • Unity Bancorp Inc /De/ • State commercial banks • New Jersey

RETENTION AGREEMENT (this “Agreement”) made as of this 23rd day of March, 2004 by and between UNITY BANK, a New Jersey state bank with its principal place of business located at 64 Old Highway 22, Clinton, New Jersey 08809 (the “Bank”), UNITY BANCORP, INC. a New Jersey corporation with its principal place of business located at 64 Old Highway 22, Clinton, New Jersey 08809 (“Unity”) (Bank and Unity collectively, “Employer”), and MICHAEL T. BONO, an individual residing at 860 Ray Avenue, Union, New Jersey 07083 (the “Executive”).

CHANGE IN CONTROL AGREEMENT
Change in Control Agreement • March 7th, 2024 • Unity Bancorp Inc /Nj/ • State commercial banks • New Jersey

CHANGE IN CONTROL AGREEMENT (this "Agreement") made as of this 7th day of December, 2023, by and among UNITY BANK, a New Jersey state bank with its principal place of business located at 64 Old Highway 22, Clinton, New Jersey 08809 (the "Bank"), UNITY BANCORP, INC. a New Jersey corporation with its principal place of business located at 64 Old Highway 22, Clinton, New Jersey 08809 ("Unity", and collectively with the Bank, the "Employer"), and Minsu Kim, an individual, residing at 103 Park Avenue, Unit C2, Summit, New Jersey 07901 (the "Executive").

FORM OF INDEMNIFICATION AGREEMENT
Indemnification Agreement • January 28th, 2020 • Unity Bancorp Inc /Nj/ • State commercial banks • New Jersey

This Agreement is made as of _______________________, (“Agreement”), by and among Unity Bancorp, Inc. a New Jersey corporation, with principal offices at 64 Old Highway 22, Clinton, New Jersey 08809, (the “Company”), Unity Bank, a New Jersey bank and a wholly-owned subsidiary of the Company (the “Bank”) and ____________________ (“Indemnitee”).

CHANGE IN CONTROL AGREEMENT
Change in Control Agreement • November 8th, 2023 • Unity Bancorp Inc /Nj/ • State commercial banks • New Jersey

CHANGE IN CONTROL AGREEMENT (this "Agreement") made as of this 9th day of May, 2023, by and among UNITY BANK, a New Jersey state bank with its principal place of business located at 64 Old Highway 22, Clinton, New Jersey 08809 (the "Bank"), UNITY BANCORP, INC. a New Jersey corporation with its principal place of business located at 64 Old Highway 22, Clinton, New Jersey 08809 ("Unity") (Bank and Unity collectively, "Employer"), and James Donovan, an individual, residing at 4369 Stonebridge Drive, Bethlehem, Pa., 18015(the "Executive").

CHANGE IN CONTROL AGREEMENT
Change in Control Agreement • March 28th, 2002 • Unity Bancorp Inc /De/ • State commercial banks • New Jersey

CHANGE IN CONTROL AGREEMENT (this “Agreement”) made as of this 26th day of February, 2002 by and between UNITY BANK, a New Jersey state bank with its principal place of business located at 64 Old Highway 22, Clinton, New Jersey 08809 (the “Bank), Unity Bancorp, Inc. a Delaware corporation with its principal place of business located at 64 Old Highway 22, Clinton, New Jersey 08809 (“Unity”) (Bank and Unity collectively, “Employer”), and Michael Bono, an individual residing at (“Executive”).

AMENDED AND RESTATED EMPLOYMENT AGREEMENT
Employment Agreement • June 5th, 2015 • Unity Bancorp Inc /Nj/ • State commercial banks • New Jersey

AMENDED AND RESTATED EMPLOYMENT AGREEMENT (the “Agreement”) made as of June 4, 2015 by and between JAMES A. HUGHES, an individual residing at 4 Lance Road, Lebanon, New Jersey 08833 (“Executive”), UNITY BANK, a New Jersey state bank with its principal place of business located at 64 Old Highway 22, Clinton, New Jersey 08809 (the “Bank”), UNITY BANCORP, INC., a New Jersey corporation and holding company of the Bank with its principal place of business located at 64 Old Highway 22, Clinton, New Jersey 08809 (“Unity”) (Bank and Unity collectively, “Employer”).

CONTRACT OF SALE
Contract of Sale • March 26th, 2004 • Unity Bancorp Inc /De/ • State commercial banks • New Jersey

AND UNITY BANK, (formerly, First Community Bank) a banking institution organized under the laws of the State of New Jersey, hereinafter referred to as “Buyer”, whose address is 64 Old Highway 22, Clinton, New Jersey 08809.

UNITED STATES DEPARTMENT OF THE TREASURY
Repurchase Agreement • August 28th, 2013 • Unity Bancorp Inc /Nj/ • State commercial banks

Reference is made to those certain letter agreements (the “Repurchase Letter Agreements”), dated as of the dates 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 Agreements.

EMPLOYMENT AGREEMENT
Employment Agreement • March 28th, 2002 • Unity Bancorp Inc /De/ • State commercial banks • New Jersey

This Employment Agreement (the Agreement”) is made as of this 26th day of February, 2002, by and between ANTHONY J. FERARO, an individual residing at (“Executive”), UNITY BANK, a New Jersey state bank with its principal place of business located at 64 Old Highway 22, Clinton, New Jersey 08809 (the “Bank) and UNITY BANCORP, INC. a Delaware corporation and holding company of the Bank with its principal place of business located at 64 Old Highway 22, Clinton, New Jersey 08809 (“Unity”) (Bank and Unity collectively, “Employer”).

AMENDMENT AGREEMENT
Employment Agreement • February 6th, 2020 • Unity Bancorp Inc /Nj/ • State commercial banks • New Jersey

This Amendment Agreement dated as of February 6, 2020 is made by and among UNITY BANK, a New Jersey state bank with its principal place of business located at 64 Old Highway 22, Clinton, New Jersey 08809 (the “Bank”), UNITY BANCORP, INC., a New Jersey corporation and holding company of the Bank with its principal place of business located at 64 Old Highway 22, Clinton, New Jersey 08809 (“Unity”, and collectively with the Bank, the “Employer”), and JAMES A. HUGHES (the “Executive”)

SECOND AMENDMENT TO LEASE
Lease • March 26th, 2004 • Unity Bancorp Inc /De/ • State commercial banks

THIS SECOND AMENDMENT TO LEASE is made as of this l9 th day of September, 2003 between CLINTON UNITY GROUP, LLC, having its principal mailing address is P.O. Box 5301, Clinton, New Jersey 08809 (hereinafter “Landlord”), and UNITY BANK, (formerly, First Community Bank) a banking institution organized under the laws of the State of New Jersey, having its principal offices at 64 Old Highway 22, Clinton, New Jersey 08809, (hereinafter “Lessee”).

AGREEMENT OF SALE
Sale Agreement • March 15th, 2016 • Unity Bancorp Inc /Nj/ • State commercial banks • New Jersey

This AGREEMENT OF SALE (this “Agreement”), is dated as of February 25, 2016 between CLINTON UNITY GROUP, L.L.C., having an address at P.O. Box 5301, Clinton, New Jersey 08809 (“Seller”), and UNITY BANCORP, INC., a banking institution organized under the laws of the State of New Jersey, having an address at 64 Old Highway 22, Clinton, New Jersey 08809 (“Purchaser”).

THIRD AMENDMENT TO LEASE
Lease • August 4th, 2009 • Unity Bancorp Inc /Nj/ • State commercial banks

THIS THIRD AMENDMENT TO LEASE is made as of this 31st day of July, 2009 between CLINTON UNITY GROUP, LLC, having its principal mailing address as P.O. Box 5301, Clinton, New Jersey 08809 (hereinafter “Landlord”), and UNITY BANK, (formerly, First Community Bank) a banking institution organized under the laws of the State of New Jersey, having its principal offices at 64 Old Highway 22, Clinton, New Jersey 08809, (hereinafter “Lessee”).

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AMENDMENT AGREEMENT
Employment Agreement • February 6th, 2020 • Unity Bancorp Inc /Nj/ • State commercial banks • New Jersey

This Amendment Agreement dated as of February 6, 2020 is made by and among UNITY BANK, a New Jersey state bank with its principal place of business located at 64 Old Highway 22, Clinton, New Jersey 08809 (the “Bank”), UNITY BANCORP, INC., a New Jersey corporation and holding company of the Bank with its principal place of business located at 64 Old Highway 22, Clinton, New Jersey 08809 (“Unity”, and collectively with the Bank, the “Employer”), and [________________], an individual (“the Executive”)

EMPLOYMENT AGREEMENT
Employment Agreement • March 26th, 2004 • Unity Bancorp Inc /De/ • State commercial banks • New Jersey

EMPLOYMENT AGREEMENT (the “Agreement”) made as of this 23rd day of March, 2004 by and between JAMES A. HUGHES, an individual residing at 4 Lance Road, Lebanon, New Jersey 08833 (“Executive”), UNITY BANK, a New Jersey state bank with its principal place of business located at 64 Old Highway 22, Clinton, New Jersey 08809 (the “Bank”), UNITY BANCORP, INC. a New Jersey corporation and holding company of the Bank with its principal place of business located at 64 Old Highway 22, Clinton, New Jersey 08809 (“Unity”) (Bank and Unity collectively, “Employer”).

WARRANT CONVERSION AGENCY AGREEMENT
Warrant Conversion Agency Agreement • November 24th, 1998 • Unity Bancorp Inc /De/ • State commercial banks • New Jersey
WAIVER AGREEMENT
Waiver Agreement • March 19th, 2009 • Unity Bancorp Inc /Nj/ • State commercial banks

WAIVER AGREEMENT (this "Waiver"), made as of March 19, 2009, by and between Unity Bancorp, Inc., a New Jersey corporation with an address at 64 Old Highway 22, Clinton, NJ 08809 (the “Company”), Unity Bank, a New Jersey state commercial bank with its principal place of business located at 64 Old Highway 22, Clinton, NJ 08809 (the “Bank”) and James A. Hughes, an individual residing at 4 Lance Road, Lebanon, NJ 08833 (the "Executive"). The Company and the Bank shall be referred to herein collectively as the “Employer”.

RETENTION AGREEMENT
Retention Agreement • March 28th, 2002 • Unity Bancorp Inc /De/ • State commercial banks • New Jersey

RETENTION AGREEMENT (this “Agreement”) made as of this 26th day of February, 2002 by and between UNITY BANK, a New Jersey state bank with its principal place of business located at 64 Old Highway 22, Clinton, New Jersey 08809 (the “Bank), UNITY BANCORP, INC. a Delaware corporation with its principal place of business located at 64 Old Highway 22, Clinton, New Jersey 08809 (“Unity”) (Bank and Unity collectively, “Employer”), and JAMES A. HUGHES, an individual residing at 4 Lance Road, Lebanon, New Jersey 08833 (the “Executive”).

SETTLEMENT AGREEMENT AND GENERAL RELEASE
Settlement Agreement • March 26th, 2004 • Unity Bancorp Inc /De/ • State commercial banks

Settlement Agreement and General Release (“Agreement”) dated as of December 31, 2003, by and among Unity Bank, Unity Bancorp., Inc. each having an address at 64 Old Highway 22, Clinton, New Jersey 08809 (collectively “Unity”), and Anthony J. Feraro, residing at 10 Winterberry Court, Whitehouse Station, New Jersey 08889, (referred to throughout this Agreement as “Feraro”).

ACKNOWLEDGEMENT AND CONSENT OF FDIC CONSENT ORDER BETWEEN COMMISSIONER OF BANKING AND INSURANCE AND
Acknowledgement and Consent of Fdic Consent Order • July 16th, 2020 • Unity Bancorp Inc /Nj/ • State commercial banks

The Commissioner of Banking and Insurance for the State of New Jersey (“Commissioner”), having reviewed and duly approved the foregoing CONSENT ORDER, FDIC-20-0014b (“ORDER”), and Unity Bank, Clinton, New Jersey (“Bank”), agrees that upon issuance of the said ORDER by the Federal Deposit Insurance Corporation (“FDIC”) such ORDER shall be binding as between the Bank and the Commissioner with the same legal effect and to the same degree that such ORDER would be binding on the Bank if the Commissioner had issued a separate ORDER pursuant to the provisions of N.J.S.A. 17:9A-267, that included and incorporated all of the provisions of the foregoing ORDER.

FORM OF WAIVER AGREEMENT (RETENTION AGREEMENTS)
Waiver Agreement • March 19th, 2009 • Unity Bancorp Inc /Nj/ • State commercial banks

WAIVER AGREEMENT (this "Waiver"), made as of March 19, 2009, by and between Unity Bancorp, Inc., a New Jersey corporation with an address at 64 Old Highway 22, Clinton, NJ 08809 (the “Company”), Unity Bank, a New Jersey state commercial bank with its principal place of business located at 64 Old Highway 22, Clinton, NJ 08809 (the “Bank”) and __________, (the "Executive"). The Company and the Bank shall be referred to herein collectively as the “Employer”.

UNITY BANK DEFERRED COMPENSATION PLAN
Deferred Compensation Plan • March 7th, 2024 • Unity Bancorp Inc /Nj/ • State commercial banks • New Jersey

THIS AGREEMENT is made as of this ___ day of _________, 20__, is by between Unity Bank (the "Bank"), a New Jersey chartered commercial bank headquartered in Clinton, New Jersey and __________________ (the "Manager").

Form of Employee Non-Qualified Option Agreement UNITY BANCORP, INC. GRANT AGREEMENT STOCK OPTION PLAN NON-QUALIFIED STOCK OPTION
Non-Qualified Stock Option Agreement • May 7th, 2003 • Unity Bancorp Inc /De/ • State commercial banks • New Jersey
Form of Director Non-Qualified Option Agreement UNITY BANCORP, INC. GRANT AGREEMENT 2002 STOCK OPTION PLAN NON-QUALIFIED STOCK OPTION
Non-Qualified Stock Option Agreement • May 7th, 2003 • Unity Bancorp Inc /De/ • State commercial banks • New Jersey
FORM OF SUBSCRIPTION AGENT AGREEMENT
Subscription Agent Agreement • June 9th, 2014 • Unity Bancorp Inc /Nj/ • State commercial banks • New Jersey

THIS SUBSCRIPTION AGENT AGREEMENT (“Agreement”) between Unity Bancorp, Inc. a New Jersey corporation (the “Company”), and Registrar and Transfer Company, a New Jersey corporation (the “Agent”), is dated as of , 2014.

CHANGE IN CONTROL AGREEMENT
Change in Control Agreement • August 7th, 2024 • Unity Bancorp Inc /Nj/ • State commercial banks • New Jersey

CHANGE IN CONTROL AGREEMENT (this "Agreement") made as of this 5th day of August, 2024, by and among UNITY BANK, a New Jersey state bank with its principal place of business located at 64 Old Highway 22, Clinton, New Jersey 08809 (the "Bank"), UNITY BANCORP, INC. a New Jersey corporation with its principal place of business located at 64 Old Highway 22, Clinton, New Jersey 08809 ("Unity", and collectively with the Bank, the "Employer"), and James Donovan, an individual, residing at [ ] (the "Executive").

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