United States Department of the Treasury 1500 Pennsylvania Avenue, NW Washington, D.C. 20220 February 20, 2009First Merchants Corp • February 23rd, 2009 • National commercial banks
Reference is made to that certain Letter Agreement incorporating the Securities Purchase Agreement – Standard Terms dated of as of the date of this letter agreement (the “Securities Purchase Agreement”) between United States Department of Treasury (“Investor”) and the company named on the signature page hereto (the “Company”). Capitalized terms used but not defined herein shall have the meanings assigned to them in the Securities Purchase Agreement.
First Merchants Corporation Letterhead] Form of Senior Executive Officer Letter AgreementSecurities Purchase Agreement • February 23rd, 2009 • First Merchants Corp • National commercial banks
First Merchants Corporation (the “Company”) anticipates entering into a Securities Purchase Agreement (the “Investment Agreement”), with the United States Department of Treasury (the “Treasury”) that provides for the Company’s participation in the Treasury’s TARP Capital Purchase Program (the “CPP”). If the Company does not participate in the CPP this letter shall only be of no further force and effect. If the Company ceases at any time to participate in the CPP, this letter shall only be in effect to the extent required by the Treasury with respect to compensation earned or paid during the period the Treasury holds preferred stock of the Company (the “CPP Covered Period”).
