0001104659-09-023489 Sample Contracts

PURCHASE AND ASSUMPTION AGREEMENT dated as of APRIL 6, 2009 between WACHOVIA BANK, N.A. and HERITAGE BANK OF COMMERCE
Purchase and Assumption Agreement • April 10th, 2009 • Heritage Commerce Corp • State commercial banks • Delaware

This PURCHASE AND ASSUMPTION AGREEMENT, dated as of April 6, 2009 (“Agreement”), between Wachovia Bank, N.A. (“Seller”) and Heritage Bank of Commerce (“Purchaser”). Wells Fargo & Company, a Delaware corporation and parent of Seller (“Parent”), is executing this Agreement solely for purposes of Section 12.6.

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