Termination Agreement
Exhibit 10.21
This Termination Agreement is made as of this l2th day of December 2007, and
is between Brooke Capital Corporation (formerly named First American Capital
Corporation), a Kansas corporation (“Buyer”), and Brooke Brokerage Corporation, a
Kansas corporation (“Seller”).
| 1. | Buyer and Seller are party to that certain Stock Purchase Agreement, dated February 14, 2007 (the “Agreement”), whereby Seller was to sell to Buyer all the capital stock of Brooke Savings Bank, a Federally-chartered savings and loan institution (the “Transaction”). | |
| 2. | The parties have since determined that closing the Transaction is no longer in the best interests of either. | |
| 3. | Concurrently with the execution and delivery of this Termination Agreement, Seller has agreed to pay Buyer the amount of $151,542 in reimbursement of all of the costs and expense incurred by Buyer in pursuing the transaction contemplated by the Agreement. |
Therefore, in consideration of the foregoing recitals, the mutual promises, covenants
and undertakings described herein and the sum of $10.00 paid by each party to the
other, the receipt and sufficiency of which is hereby mutually acknowledged, the
parties agree that the Agreement shall be terminated pursuant to Section 9.3(a)(l)
thereof, effective as of the date set forth above.
The parties have executed this Termination Agreement below by the signatures of their
duly-authorized representatives.
SELLER:
|
Buyer: | |||||||
| Brooke Brokerage Corporation | Brooke Capital Corporation | |||||||
Signed:
|
/s/ Xxxx X. Xxxxx
|
Signed: | /s/ Xxxx X. Xxxxx
|
|||||
Printed name:
|
Xxxx X. Xxxxx | Printed name: | Xxxx X. Xxxxx | |||||
Title:
|
President | Title: | President & CEO | |||||
Date:
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12/13/07 | Date: | ||||||
