PURCHASE AND ASSUMPTION AGREEMENT WHOLE BANK ALL DEPOSITS AMONG FEDERAL DEPOSIT INSURANCE CORPORATION, RECEIVER OF BANKUNITED, FSB CORAL GABLES, FLORIDA FEDERAL DEPOSIT INSURANCE CORPORATION and BANKUNITED DATED AS OF MAY 21, 2009Purchase and Assumption Agreement • December 16th, 2010 • BankUnited, Inc. • Savings institution, federally chartered
THIS AGREEMENT, made and entered into as of the 21st day of May, 2009, by and among the FEDERAL DEPOSIT INSURANCE CORPORATION, RECEIVER of BANKUNITED, FSB, CORAL GABLES, FLORIDA (the “Receiver”), BANKUNITED, a de novo federal savings association organized under the laws of the United States of America, and having its principal place of business in Coral Gables, Florida (the “Assuming Bank”), and the FEDERAL DEPOSIT INSURANCE CORPORATION, organized under the laws of the United States of America and having its principal office in Washington, D.C., acting in its corporate capacity (the “Corporation”).
EMPLOYMENT AGREEMENTEmployment Agreement • December 16th, 2010 • BankUnited, Inc. • Savings institution, federally chartered • New York
EMPLOYMENT AGREEMENT (this “Agreement”) dated August 18, 2010 by and among BU Financial Holdings LLC, a Delaware limited liability company (“Holdings”), BU Financial Corporation, a Delaware corporation (“InterCo,” and together with Holdings, the “Company”), and John A. Kanas (“Executive”).
AMENDED AND RESTATED EMPLOYMENT AGREEMENTEmployment Agreement • December 16th, 2010 • BankUnited, Inc. • Savings institution, federally chartered • New York
AMENDED AND RESTATED EMPLOYMENT AGREEMENT (this “Agreement”) dated August 18, 2010 by and between BankUnited, a federally chartered thrift institution (“NewBank”) and John A. Kanas (“Executive”).
FORM OF INDEMNIFICATION AGREEMENTForm of Indemnification Agreement • December 16th, 2010 • BankUnited, Inc. • Savings institution, federally chartered • Delaware
This Indemnification Agreement, dated as of [·] (this “Agreement”), is entered into by and between BankUnited, Inc., a Delaware corporation (the “Company”), and [·] (the “Indemnitee”).
BU FINANCIAL HOLDINGS LLC WARRANT Issue Date: May 21, 2009Purchase and Assumption Agreement • December 16th, 2010 • BankUnited, Inc. • Savings institution, federally chartered • Delaware
This Warrant (the “Warrant”) is issued to the FDIC in connection with the purchase and assumption by BankUnited, a newly formed federal savings association and an indirect, wholly owned subsidiary of the Company (“NewBank” or “BankUnited”), of certain assets, deposits and certain other liabilities of BankUnited, FSB from the Federal Deposit Insurance Corporation, as Receiver of BankUnited, FSB (the “Receiver”), pursuant to a Purchase and Assumption Agreement (“P&A Agreement”), dated as of May 21, 2009, by and among the Receiver, the FDIC and NewBank. In connection with the foregoing transaction, the Company and the Members have entered into an Amended and Restated Limited Liability Agreement of the Company (the “LLC Agreement”). Certain capitalized terms used in this Warrant are defined in Section 8; references to an “Exhibit” are, unless otherwise specified, to one of the Exhibits attached to this Warrant and references to a “Section” are, unless otherwise specified, to one of the sec
