FORM OF FIRSTSUN VOTING AGREEMENT PARENT VOTING AND SUPPORT AGREEMENTVoting Agreement • January 19th, 2024 • Firstsun Capital Bancorp • National commercial banks
As a holder of common stock, par value 0.0001 per share, of FirstSun Capital Bancorp (“Parent”) (the “Parent Common Stock”), the undersigned (the “Stockholder”) understands that HomeStreet, Inc., a Washington corporation (“Company”), Parent and Dynamis Subsidiary, Inc., a Washington corporation and a direct and wholly owned subsidiary of Parent (“Merger Sub” and together with Parent, the “Parent Parties”) are concurrently entering into an Agreement and Plan of Merger, dated as of the date of this voting and support agreement (this “Agreement” and, such agreement and plan of merger as it may be amended, modified or supplemented from time to time in accordance with its terms, the “Merger Agreement”), pursuant to which, among other things and subject to the terms and conditions set forth in the Merger Agreement, (i) Merger Sub will merge with and into Company (the “Merger”), so that Company is the surviving entity in the Merger (the “Interim Surviving Entity”), (ii) immediately following
AGREEMENT AND PLAN OF MERGER by and among HOMESTREET, INC., FIRSTSUN CAPITAL BANCORP, AND DYNAMIS SUBSIDIARY, INC. Dated January 16, 2024Merger Agreement • January 19th, 2024 • Firstsun Capital Bancorp • National commercial banks • Delaware
AGREEMENT AND PLAN OF MERGER, dated January 16, 2024 (this “Agreement”), by and among HOMESTREET, INC., a Washington corporation (“Company”), FIRSTSUN CAPITAL BANCORP, a Delaware corporation (“Parent”) and DYNAMIS SUBSIDIARY, INC., a Washington corporation and a direct and wholly owned subsidiary of Parent (“Merger Sub” and together with Parent, the “Parent Parties”).
FORM OF AMENDMENT NO. 4 TO STOCKHOLDERS’ AGREEMENT AMENDMENT NO. 4 TO STOCKHOLDERS’ AGREEMENTStockholders’ Agreement • January 19th, 2024 • Firstsun Capital Bancorp • National commercial banks • Delaware
THIS AMENDMENT NO. 4 TO STOCKHOLDERS’ AGREEMENT (this “Amendment”) is made and entered into as of January 16, 2024, by and among FIRSTSUN CAPITAL BANCORP, a Delaware corporation (the “Corporation”), and the Persons executing the signature pages hereto.
FORM OF UPFRONT SECURITIES PURCHASE AGREEMENT BY AND AMONG FIRSTSUN CAPITAL BANCORP AND THE OTHER SIGNATORIES THERETO January 16, 2024Upfront Securities Purchase Agreement • January 19th, 2024 • Firstsun Capital Bancorp • National commercial banks • New York
This Upfront Securities Purchase Agreement (this “Agreement”) is dated as of January 16, 2024, by and among FirstSun Capital Bancorp, a Delaware corporation (the “Company”), and each purchaser identified on the signature pages hereto (each, including its successors and assigns, a “Purchaser” and collectively, the “Purchasers”).
FORM OF ACQUISITION FINANCE SECURITIES PURCHASE AGREEMENT BY AND AMONG FIRSTSUN CAPITAL BANCORP AND THE OTHER SIGNATORIES THERETO January 16, 2024Securities Purchase Agreement • January 19th, 2024 • Firstsun Capital Bancorp • National commercial banks • New York
This Acquisition Finance Securities Purchase Agreement (this “Agreement”) is dated as of January 16, 2024, by and among FirstSun Capital Bancorp, a Delaware corporation (the “Company”), and each purchaser identified on the signature pages hereto (each, including its successors and assigns, a “Purchaser” and collectively, the “Purchasers”).
FORM OF HOMESTREET VOTING AGREEMENT COMPANY VOTING AND SUPPORT AGREEMENTCompany Voting and Support Agreement • January 19th, 2024 • Firstsun Capital Bancorp • National commercial banks
As a holder of common stock, no par value, of HomeStreet Inc., a Washington corporation (“Company”) (the “Company Common Stock”), the undersigned (the “Stockholder”) understands that Company, FirstSun Capital Bancorp, a Delaware corporation (“Parent”) and Dynamis Subsidiary, Inc., a Washington corporation and a direct and wholly owned subsidiary of Parent (“Merger Sub” and together with Parent, the “Parent Parties”) are concurrently entering into an Agreement and Plan of Merger, dated as of the date of this voting and support agreement (this “Agreement” and, such agreement and plan of merger as it may be amended, modified or supplemented from time to time in accordance with its terms, the “Merger Agreement”), pursuant to which, among other things and subject to the terms and conditions set forth in the Merger Agreement, (i) Merger Sub will merge with and into Company (the “Merger”), so that Company is the surviving entity in the Merger (the “Interim Surviving Entity”), (ii) immediately
FORM OF REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • January 19th, 2024 • Firstsun Capital Bancorp • National commercial banks
This Registration Rights Agreement (this “Agreement”) is made and entered into as of January 16, 2024, by and among FirstSun Capital Bancorp, a Delaware corporation (the “Company”), and the several purchasers signatory hereto (each a “Purchaser” and collectively, the “Purchasers”).
