NOTICE OF STOCK OPTION GRANTStock Option Agreement • July 16th, 2004 • Heritage Commerce Corp • State commercial banks • California
HERITAGE COMMERCE CORP and GEMISYS CORPORATION, Rights Agent RIGHTS AGREEMENT Dated as of November 1, 2001 RIGHTS AGREEMENTRights Agreement • November 15th, 2001 • Heritage Commerce Corp • State commercial banks • California
Agreement, dated as of November 1, 2001 between Heritage Commerce Corp, a California corporation (the "Company"), and GEMISYS Corporation, a Colorado corporation (the "Rights Agent").
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • June 22nd, 2010 • Heritage Commerce Corp • State commercial banks
This Registration Rights Agreement (this “Agreement”) is made and entered into as of June 18, 2010, by and among Heritage Commerce Corp, a California corporation (the “Company”), and the several purchasers signatory hereto (each a “Purchaser” and collectively, the “Purchasers”).
SUBORDINATED NOTE PURCHASE AGREEMENTSubordinated Note Purchase Agreement • May 11th, 2022 • Heritage Commerce Corp • State commercial banks • New York
This SUBORDINATED NOTE PURCHASE AGREEMENT (this “Agreement”) is dated as of May 11, 2022, and is made by and among Heritage Commerce Corp, a California corporation (the “Company”), and each purchaser of the Subordinated Note (as defined herein) identified on the signature page hereto (each a “Purchaser” and collectively, the “Purchasers”).
EMPLOYMENT AGREEMENTEmployment Agreement • March 9th, 2023 • Heritage Commerce Corp • State commercial banks • California
This Employment Agreement (the “Agreement”) is entered into by and between HERITAGE COMMERCE CORP, a California bank holding company (the “Company”), HERITAGE BANK OF COMMERCE, a California banking corporation (the “Bank”), and DEBBIE REUTER, an individual (the “Executive”) as of July 23, 2015 (the “Effective Date”).
EXCHANGE AGREEMENT by and between HERITAGE COMMERCE CORP and PATRIOT FINANCIAL PARTNERS, L.P. Dated as of September 12, 2016Exchange Agreement • September 13th, 2016 • Heritage Commerce Corp • State commercial banks • California
This EXCHANGE AGREEMENT is made and entered into as of, September 12, 2016 (this “Agreement”) by and between Heritage Commerce Corp, a California corporation (the “Company”), and Patriot Financial Partners, L.P., a Delaware limited liability partnership (the “Investor”).
OFFICE LEASE BY AND BETWEEN SJ PLAZA, LLC, A Delaware limited liability company, As Landlord And HERITAGE BANK OF COMMERCE, as Tenant For Leased Premises at Suite 300, 150 Almaden Blvd., San Jose, CAOffice Lease • March 6th, 2015 • Heritage Commerce Corp • State commercial banks
THIS OFFICE LEASE (“Lease”) is entered and dated for reference purposes only as April 13, 2000, by and between “Landlord” and “Tenant” (as such terms are defined below).
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • June 22nd, 2010 • Heritage Commerce Corp • State commercial banks • California
FIRST AMENDED AND RESTATED DIRECTOR COMPENSATION BENEFITS AGREEMENT (Previously entitled Director Indexed Compensation Benefits Agreement)Director Compensation Benefits Agreement • January 2nd, 2009 • Heritage Commerce Corp • State commercial banks • California
This First Amended and Restated Director Compensation Benefits Agreement (hereinafter “Agreement”) is made and entered into effective as of December 29, 2008 by and between HERITAGE BANK OF COMMERCE, a bank organized and existing under the laws of the state of California (hereinafter the “Bank”) and, Jack L. Peckham, a Director of the Company (hereinafter “Director” or “Participant”);
Heritage Commerce Corp UNDERWRITING AGREEMENTUnderwriting Agreement • May 26th, 2017 • Heritage Commerce Corp • State commercial banks • New York
HERITAGE COMMERCE CORP, a California corporation (the “Company”), proposes, subject to the terms and conditions stated herein, to issue and sell to the underwriters named in Schedule I hereto (each, an “Underwriter” and, collectively, the “Underwriters”), for whom Sandler O’Neill & Partners, L.P. is acting as representative (the “Representative”), an aggregate of $40,000,000 principal amount of its 5.25% Fixed-to-Floating Rate Subordinated Notes due 2027 (the “Notes”). The Notes will be issued pursuant to a Subordinated Indenture, to be dated on or about May 26, 2017, as supplemented by the First Supplemental Indenture to be dated on or about May 26, 2017 (collectively, the “Indenture”), between the Company and Wilmington Trust, National Association, as trustee (the “Trustee”).
DIRECTOR INDEXED COMPENSATION BENEFITS AGREEMENTDirector Indexed Compensation Benefits Agreement • March 17th, 2008 • Heritage Commerce Corp • State commercial banks • California
This Agreement is made and entered into effective as of June 19, 1997 by and between Heritage Bank of Commerce, a bank chartered under the laws of the State of California (the “Bank”), and Humphrey P. Polanen, an individual residing in the State of California (the “Director”).
Certain identified information has been excluded from the exhibit pursuant to Regulation S-K Item 601(b)(10)(iv) because it is both (i) not material and (ii) is the type that the Company customarily treats as private or confidential. EMPLOYMENT AGREEMENTEmployment Agreement • March 11th, 2024 • Heritage Commerce Corp • State commercial banks • California
This Employment Agreement (the “Agreement”) is entered into by and between HERITAGE COMMERCE CORP, a California bank holding company (the “Company”), HERITAGE BANK OF COMMERCE, a California banking corporation (the “Bank”), and SUSAN JUST, an individual (the “Executive”) as of September 7, 2023 (the “Effective Date”). This Agreement supersedes any previous employment agreements or other arrangements or understandings between the parties regarding Executive’s employment.
R E C I T A L SExecutive Indexed Compensation Benefits Agreement • November 15th, 1999 • Heritage Commerce Corp • State commercial banks • California
EMPLOYMENT AGREEMENTRelease Agreement • March 27th, 2023 • Heritage Commerce Corp • State commercial banks • California
This Employment Agreement (the “Agreement”) is entered into by and between HERITAGE COMMERCE CORP, a California bank holding company (the “Company”), HERITAGE BANK OF COMMERCE, a California banking corporation (the “Bank”), and DEBBIE REUTER, an individual (the “Executive”) as of March 23, 2023 and effective April 1, 2023 (the “Effective Date”). This Agreement replaces any previous employment agreements between the parties and makes such previous agreements null and void.
PURCHASE AND ASSUMPTION AGREEMENT dated as of APRIL 6, 2009 between WACHOVIA BANK, N.A. and HERITAGE BANK OF COMMERCEPurchase 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.
DIRECTOR COMPENSATION BENEFITS AGREEMENTDirector Compensation Benefits Agreement • March 17th, 2008 • Heritage Commerce Corp • State commercial banks • California
This Agreement is made and entered into effective as of May 24, 2007 by and between Heritage Commerce Corporation ("the Bank"), and Jack W. Conner, an individual residing in the State of California (the "Director").
AMENDMENT NO. 1 TO AMENDED AND RESTATED EMPLOYMENT AGREEMENTEmployment Agreement • January 2nd, 2009 • Heritage Commerce Corp • State commercial banks
This Amendment No. 1 to the Amended and Restated Employment Agreement by and between HERITAGE COMMERCE CORP, a California bank holding company (the “Company”), HERITAGE BANK OF COMMERCE, a California banking corporation (the “Bank”), and JAMES MAYER, an individual (the “Executive”) dated February 8, 2007 (the “Agreement”), is entered into on December 29, 2008 for the purposes stated hereinafter.
HERITAGE BANK OF COMMERCE DEFERRED FEE AGREEMENTHeritage Bank of Commerce Deferred Fee Agreement • March 31st, 2005 • Heritage Commerce Corp • State commercial banks • California
THIS AGREEMENT is made effective as of June 30, 1997 by and between HERITAGE BANK OF COMMERCE (the "Bank"), and Jack Peckham, (the "Director").
UNITED STATES OF AMERICA BEFORE THE BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM WASHINGTON, D.C. STATE OF CALIFORNIA DEPARTMENT OF FINANCIAL INSTITUTIONS SACRAMENTO, CALIFORNIAHeritage Commerce Corp • February 23rd, 2010 • State commercial banks
WHEREAS, in recognition of their common goal to maintain the financial soundness of Heritage Commerce Corp, San Jose, California (“Heritage”), a registered bank holding company, and its subsidiary bank, Heritage Bank of Commerce, San Jose, California (the “Bank”), a state chartered bank that is a member of the Federal Reserve System, Heritage, the Bank, the Federal Reserve Bank of San Francisco (the “Reserve Bank”), and the State of California Department of Financial Institutions (the “Department”) have mutually agreed to enter into this Written Agreement (the “Agreement”); and
NON-COMPETE, NON-SOLICITATION AND CONFIDENTIALITY AGREEMENTNon-Solicitation and Confidentiality Agreement • June 22nd, 2007 • Heritage Commerce Corp • State commercial banks • California
THIS NON-COMPETE, NON-SOLICITATION AND CONFIDENTIALITY AGREEMENT (this “Agreement”) is entered into this 8th day of February, 2007, by and among Heritage Commerce Corp, a California Corporation (“Heritage”), Heritage Bank of Commerce, a California banking corporation (“HBC”) and James Mayer (“Shareholder”).
DIRECTOR INDEXED COMPENSATION BENEFITS AGREEMENT This Agreement is made and entered into effective as of June 19, 1997 by and between Heritage Bank of Commerce, a bank chartered under the laws of the State of California (the "Bank"), and...Director Indexed Compensation Benefits Agreement • November 15th, 1999 • Heritage Commerce Corp • State commercial banks • California
LEASE AGREEMENTLease Agreement • June 16th, 2006 • Heritage Commerce Corp • State commercial banks • California
This LEASE AGREEMENT dated May 31, 2006 for identification purposes only, by and between Lewis Street Partners, LLC, a California limited liability company (“Landlord”) and Heritage Bank of Commerce, a California corporation (“Tenant”).
EMPLOYMENT AGREEMENT This employment agreement (the "Agreement") is entered into as of January 1, 1999, (the "Effective Date"), by and between Heritage Commerce Corp (the "Company") and its wholly owned subsidiary, Heritage Bank of Commerce ("HBC") a...Employment Agreement • August 13th, 1999 • Heritage Commerce Corp • State commercial banks
April 26, 2007Heritage Commerce Corp • April 26th, 2007 • State commercial banks
This opinion is furnished to you pursuant to Section 9.3(d) of the Agreement and Plan of Merger dated as of February 8, 2007 (the “Agreement”), by and among Heritage Commerce Corp, a California corporation and bank holding company (“Heritage”), Heritage Bank of Commerce, a California banking corporation and a direct wholly-owned subsidiary of Heritage (“HBC”), and Diablo Valley Bank, a California banking corporation (“Diablo”). Pursuant to the Agreement, Diablo will merge with and into HBC in a transaction (the “Merger”) in which the existing stockholders of Diablo will receive shares of Heritage Common Stock. You have requested our opinion as to whether the Merger will constitute a reorganization within the meaning of Section 368(a) of the Internal Revenue Code of 1986, as amended (the “Code”). Capitalized terms not defined herein have the respective meanings set forth in the Agreement.
THE 2005 HERITAGE COMMERCE CORP SUPPLEMENTAL EXECUTIVE RETIREMENT PLAN Effective January 1, 2005Heritage Commerce Corp • March 17th, 2008 • State commercial banks • California
The purpose of this Supplemental Executive Retirement Plan (the “Plan”) is to provide supplemental retirement benefits for certain key employees of Heritage Commerce Corp, Heritage Bank of Commerce and subsidiaries or affiliates thereof (the “Employer”) who are employed by the Employer on, or after January 1, 2005. It is intended that the Plan will aid in retaining and attracting individuals of exceptional ability by providing them with these benefits. This Plan shall be effective as of January 1, 2005.
LIFE INSURANCE ENDORSEMENT METHOD SPLIT DOLLAR PLAN AGREEMENTHeritage Commerce Corp • March 17th, 2008 • State commercial banks
The respective rights and duties of the Bank and the Insured in the above policy(ies) the "Policy" or "Policies" shall be as follows:
FIRST AMENDED AND RESTATED HERITAGE COMMERCE CORP DEFERRED FEE AGREEMENT RECITALDeferred Fee Agreement • January 2nd, 2009 • Heritage Commerce Corp • State commercial banks • California
This First Amended and Restated Deferred Fee Agreement (hereinafter “Agreement”) is made and entered into effective as of January 1, 2005, by and between HERITAGE COMMERCE CORP, a bank holding company organized and existing under the laws of the state of California (hereinafter the “Company”) and JAMES BLAIR, a Director of the Company (hereinafter “Director” or “Participant”);
AMENDMENT NO. 1 TO AMENDED AND RESTATED EMPLOYMENT AGREEMENTEmployment Agreement • January 2nd, 2009 • Heritage Commerce Corp • State commercial banks
This Amendment No. 1 to the Amended and Restated Employment Agreement by and between HERITAGE COMMERCE CORP, a California bank holding company (the “Company”), HERITAGE BANK OF COMMERCE, a California banking corporation (the “Bank”), and LAWRENCE MCGOVERN, an individual (the “Executive”) dated October 17, 2007 (the “Agreement”), is entered into on December 29, 2008 for the purposes stated hereinafter.
AMENDMENT NO. 1 TO AMENDED AND RESTATED EMPLOYMENT AGREEMENTEmployment Agreement • January 2nd, 2009 • Heritage Commerce Corp • State commercial banks
This Amendment No. 1 to the Amended and Restated Employment Agreement by and between HERITAGE COMMERCE CORP, a California bank holding company (the “Company”), HERITAGE BANK OF COMMERCE, a California banking corporation (the “Bank”), and WALTER T. KACZMAREK, an individual (the “Executive”) dated October 17, 2007 (the “Agreement”), is entered into on December 29, 2008 for the purposes stated hereinafter.
EMPLOYMENT AGREEMENT This employment agreement (the "Agreement") supercedes the agreement dated April 16, 1998, is effective as of January 1, 1999 (the "Effective Date"), and is executed on May 27, 1999, by and between Heritage Commerce Corp ("HCC")...Employment Agreement • August 13th, 1999 • Heritage Commerce Corp • State commercial banks
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • September 2nd, 2010 • Heritage Commerce Corp • State commercial banks • California
Commission that such Registration Statement will not be “reviewed” or will not be subject to further review; provided, that if the Effectiveness Deadline falls on a Saturday, Sunday or other day that the Commission is closed for business, the Effectiveness Deadline shall be extended to the next Business Day on which the Commission is open for business.
OFFICE LEASEOffice Lease • May 3rd, 2007 • Heritage Commerce Corp • State commercial banks
SEPARATION AGREEMENTSeparation Agreement • March 15th, 2021 • Heritage Commerce Corp • State commercial banks • California
This SEPARATION AGREEMENT (this “Agreement”) is made and entered into on March 12, 2021 (the “Effective Date”) by and among HERITAGE BANK OF COMMERCE, a California banking corporation (“HBC”), and HERITAGE COMMERCE CORP, a California bank holding company (“HCC”) (HBC and HCC are referred to hereinafter collectively as the “Company”) and KEITH WILTON (“Employee”). HCC, HBC, and Employee are collectively, the “Parties”.
December 11, 2008Heritage Commerce Corp • December 17th, 2008 • State commercial banks
Reference is made to that certain Employment Agreement entered into as of February 8, 2007 (“Employment Agreement”) by and between Heritage Bank of Commerce, a California banking corporation (the “Bank”) and James Mayer, an individual (“Executive”). Bank and Executive desire to make certain modifications to the Employment Agreement in accordance with the terms of this Letter Agreement.
1 EMPLOYMENT AGREEMENT This employment agreement (the "Agreement") is entered into effect as of July 16, 1998 (the "Effective Date"), by and between Heritage Commerce Corp (the "Company" or "Bank") and its wholly owned subsidiary, Heritage Bank of...Employment Agreement • March 29th, 1999 • Heritage Commerce Corp • State commercial banks
