Metrocorp Bancshares Inc Sample Contracts

MetroCorp Bancshares, Inc. (a Texas corporation) 4,445,000 Shares of Common Stock (Par Value $1.00 Per Share) UNDERWRITING AGREEMENT
Underwriting Agreement • May 17th, 2012 • MetroCorp Bancshares, Inc. • State commercial banks • New York
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METROCORP BANCSHARES, INC. (a Texas corporation) 45,000 Shares of Fixed Rate Cumulative Perpetual Preferred Stock, Series A UNDERWRITING AGREEMENT
Underwriting Agreement • June 28th, 2012 • MetroCorp Bancshares, Inc. • State commercial banks • New York
INTRODUCTION
Agreement and Plan of Reorganization • September 1st, 1998 • Metrocorp Bancshares Inc
EMPLOYMENT AGREEMENT
Employment Agreement • February 21st, 2012 • MetroCorp Bancshares, Inc. • State commercial banks • Texas

This Employment Agreement (this “Agreement”) is made and entered into as of January 26, 2012, by MetroCorp Bancshares, Inc. a Texas corporation (the “Employer”), and George M. Lee, an individual resident in Houston, Harris County, Texas (the “Executive”).

MetroCorp Bancshares, Inc. Letterhead] January 16, 2009
Letter Agreement • January 21st, 2009 • Metrocorp Bancshares Inc • State commercial banks

This letter agreement is entered into by and between (“Executive”) and MetroCorp Bancshares, Inc. (the “Company”) in connection with the Company’s participation in the Troubled Asset Relief Program Capital Purchase Program (the “CPP”) of the United States Department of the Treasury (the “Treasury”). The Company has determined that Executive is a Senior Executive Officer (as defined below).

METROCORP BANCSHARES, INC. RESTRICTED STOCK AGREEMENT
Restricted Stock Agreement • May 23rd, 2012 • MetroCorp Bancshares, Inc. • State commercial banks • Texas

This Restricted Stock Agreement (“Agreement”), effective as of the day of , , is between MetroCorp Bancshares, Inc. (the “Company”) and (the “Holder”).

AGREEMENT AND PLAN OF MERGER by and between EAST WEST BANCORP, INC. and METROCORP BANCSHARES, INC. Dated as of September 18, 2013
Agreement and Plan of Merger • September 18th, 2013 • MetroCorp Bancshares, Inc. • State commercial banks • California

This Agreement and Plan of Merger (“Agreement”), dated as of September 18, 2013, is by and between East West Bancorp, Inc. (“East West”), a Delaware corporation, and MetroCorp Bancshares, Inc. (“MetroCorp”), a Texas corporation.

CHANGE IN CONTROL AGREEMENT
Change in Control Agreement • October 30th, 2013 • MetroCorp Bancshares, Inc. • State commercial banks • Texas

This CHANGE IN CONTROL AGREEMENT (the “Agreement”) is made and entered into as of this 25th day of October, 2013, (the “Effective Date”) by and among MetroCorp Bancshares, Inc. (“MetroCorp”), MetroBank, National Association (the “Bank”), and David Tai (“Employee”).

RETENTION AGREEMENT
Retention Agreement • October 30th, 2013 • MetroCorp Bancshares, Inc. • State commercial banks • Texas

This RETENTION AGREEMENT (the “Agreement”) is made and entered into as of this 30th day of October, 2013, (the “Effective Date”) by and between MetroCorp Bancshares, Inc. (“MetroCorp”) and David Choi, an individual (“Employee”).

METROCORP BANCSHARES, INC. 1998 STOCK INCENTIVE PLAN TABLE OF CONTENTS
Metrocorp Bancshares Inc • September 1st, 1998 • Texas
EMPLOYMENT AGREEMENT
Employment Agreement • March 29th, 2002 • Metrocorp Bancshares Inc • State commercial banks • Texas

This Employment Agreement (this “Agreement”) is made and entered into as of August 6, 2001, by MetroCorp Bancshares, Inc. a national bank holding company (the “Employer”), and Allen D. Brown, an individual resident in Houston, Harris County, Texas (the “Executive”).

EMPLOYMENT AGREEMENT
Employment Agreement • July 21st, 2005 • Metrocorp Bancshares Inc • State commercial banks • Texas

This Employment Agreement (this “Agreement”) is made and effective this 15th day of July, 2005 (the “Effective Date”) by and between MetroCorp Bancshares, Inc. (hereinafter called the “Employer” or “MetroCorp”) and Mitchell W. Kitayama (hereinafter called the “Executive”), an individual who resides in Upland, California.

EMPLOYMENT AGREEMENT
Employment Agreement • March 21st, 2005 • Metrocorp Bancshares Inc • State commercial banks • Texas

This Employment Agreement (this “Agreement”) is made and entered into as of July 22, 2004, by MetroCorp Bancshares, Inc. a national bank holding company (the “Employer”), and George M. Lee, an individual resident in Houston, Harris County, Texas (the “Executive”).

AGREEMENT AND PLAN OF REORGANIZATION by and between METROCORP BANCSHARES, INC. and FIRST UNITED BANK Dated as of June 7, 2005
Agreement and Plan of Reorganization • June 9th, 2005 • Metrocorp Bancshares Inc • State commercial banks • Texas

This Agreement and Plan of Reorganization (“Agreement”) dated as of June 7, 2005 is by and between MetroCorp Bancshares, Inc. (“Bancshares”), a Texas corporation and registered bank holding company under the Bank Holding Company Act of 1956, as amended (“BHC Act”), and First United Bank (“First United”), a California state banking corporation.

AGREEMENT BY AND BETWEEN MetroBank, National Association Houston, TX And The Comptroller of the Currency
Agreement by And • August 10th, 2009 • Metrocorp Bancshares Inc • State commercial banks

MetroBank, National Association, Houston, TX (“Bank”) and the Comptroller of the Currency of the United States of America (“Comptroller”)wish to protect the interests of the depositors, other customers, and shareholders of the Bank, and, toward that end, wish the Bank to operate safely and soundly and in accordance with all applicable laws, rules and regulations.

February 14, 2005 David Tai President MetroBank, N.A. David:
Metrocorp Bancshares Inc • March 14th, 2007 • State commercial banks

We do not anticipate your having to use the following separation package plan, but, we will pay you 18 months of your base pay should the bank be acquired and the new owners seek to replace you or diminish your employment status, i.e. pay, responsibilities, etc., or should the new management decide to remove you for reasons other than for failed performance, cause, resignation, disability, death or moral turpitude. If the separation package is used, then all offered stock options and/or restricted shares may be exercised during whichever of the following timeframes is longer: the period between the day of notification of separation and the day you receive the separation pay package, or within two weeks of receiving a separation notification.

METROCORP BANCSHARES, INC. RESTRICTED STOCK AGREEMENT
Restricted Stock Agreement • May 23rd, 2012 • MetroCorp Bancshares, Inc. • State commercial banks • Texas

This Restricted Stock Agreement (“Agreement”) effective as of the day of , , is between MetroCorp Bancshares, Inc. (the “Company”), and , (the “Holder”).

METROCORP BANCSHARES, INC. STOCK APPRECIATION RIGHTS AGREEMENT
Stock Appreciation Rights Agreement • May 23rd, 2012 • MetroCorp Bancshares, Inc. • State commercial banks • Texas

This Stock Appreciation Rights Agreement (the “SAR Agreement”) is made as of the day of , (the “Date of Grant”), between MetroCorp Bancshares, Inc., a Texas corporation (the “Company”), and (the “Employee”).

February 14, 2005 Terry Tangen Chief Credit Officer MetroBank, N.A. Terry:
Metrocorp Bancshares Inc • March 14th, 2007 • State commercial banks

We do not anticipate your having to use the following separation package plan, but, we will pay you 18 months of your base pay should the bank be acquired and the new owners seek to replace you or diminish your employment status, i.e. pay, responsibilities, etc., or should the new management decide to remove you for reasons other than for failed performance, cause, resignation, disability, death or moral turpitude. If the separation package is used, then all offered stock options and/or restricted shares may be exercised during whichever of the following timeframes is longer: the period between the day of notification of separation and the day you receive the separation pay package, or within two weeks of receiving a separation notification.

FORM OF METROCORP BANCSHARES, INC. INCENTIVE STOCK OPTION AGREEMENT
Incentive Stock Option Agreement • June 4th, 2007 • Metrocorp Bancshares Inc • State commercial banks

This Incentive Stock Option Agreement (“Option Agreement”) is between MetroCorp Bancshares, Inc., a Texas corporation (the “Company”), and (“Optionee”), who agree as follows:

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EMPLOYMENT AGREEMENT
Employment Agreement • October 7th, 2005 • Metrocorp Bancshares Inc • State commercial banks • Texas

This Employment Agreement (this “Agreement”) is made this 7th day of June, 2005 by and between MetroCorp Bancshares, Inc. (hereinafter called the “Employer” or “MetroCorp”) and Andrew C. Yip (hereinafter called the “Executive”), an individual who resides in La Jolla, California.

METROCORP BANCSHARES, INC. NONQUALIFIED STOCK OPTION AGREEMENT
Nonqualified Stock Option Agreement • May 23rd, 2012 • MetroCorp Bancshares, Inc. • State commercial banks

This Nonqualified Stock Option Agreement (“Option Agreement”) is between MetroCorp Bancshares, Inc., a Texas corporation (the “Company”), and (“Optionee”), who agree as follows:

METROCORP BANCSHARES, INC. INCENTIVE STOCK OPTION AGREEMENT
Incentive Stock Option Agreement • May 23rd, 2012 • MetroCorp Bancshares, Inc. • State commercial banks

This Incentive Stock Option Agreement (“Option Agreement”) is between MetroCorp Bancshares, Inc., a Texas corporation (the “Company”), and (“Optionee”), who agree as follows:

FORM OF METROCORP BANCSHARES, INC. NONQUALIFIED STOCK OPTION AGREEMENT
Nonqualified Stock Option Agreement • June 4th, 2007 • Metrocorp Bancshares Inc • State commercial banks

This Nonqualified Stock Option Agreement (“Option Agreement”) is between MetroCorp Bancshares, Inc., a Texas corporation (the “Company”), and (“Optionee”), who agree as follows:

FIRST AMENDMENT TO EMPLOYMENT AGREEMENT
Employment Agreement • January 6th, 2009 • Metrocorp Bancshares Inc • State commercial banks

WHEREAS, MetroCorp Bancshares, Inc., a Texas corporation (“Employer”), and George M. Lee, an individual resident in Houston, Harris County, Texas (“Executive”), entered into an Employment Agreement dated January 26, 2007 (the “Agreement”); and

SEPARATION AGREEMENT AND RELEASE
Separation Agreement and Release • February 2nd, 2006 • Metrocorp Bancshares Inc • State commercial banks • Texas

This Separation Agreement and Release (the “Agreement”) is entered into between the MetroBank, N.A., (“the Bank”) and Allen Cournyer (“Executive”). Executive and the Bank agree as follows:

FORM OF METROCORP BANCSHARES, INC. RESTRICTED STOCK AGREEMENT
Restricted Stock Agreement • June 4th, 2007 • Metrocorp Bancshares Inc • State commercial banks • Texas

This Restricted Stock Agreement (“Agreement”) effective as of the ___day of , , is between MetroCorp Bancshares, Inc. (the “Company”), and , (the “Holder”).

February 14, 2005 David Choi Chief Financial Officer MetroBank, N.A. David:
Metrocorp Bancshares Inc • March 14th, 2007 • State commercial banks

We do not anticipate your having to use the following separation package plan, but, we will pay you 18 months of your base pay should the bank be acquired and the new owners seek to replace you or diminish your employment status, i.e. pay, responsibilities, etc., or should the new management decide to remove you for reasons other than for failed performance, cause, resignation, disability, death or moral turpitude. If the separation package is used, then all offered stock options and/or restricted shares may be exercised during whichever of the following timeframes is longer: the period between the day of notification of separation and the day you receive the separation pay package, or within two weeks of receiving a separation notification.

FORM OF METROCORP BANCSHARES, INC. STOCK APPRECIATION RIGHTS AGREEMENT
Stock Appreciation Rights Agreement • June 4th, 2007 • Metrocorp Bancshares Inc • State commercial banks • Texas

This Stock Appreciation Rights Agreement (the “SAR Agreement”) is made as of the ___day of , ___(the “Date of Grant”), between MetroCorp Bancshares, Inc., a Texas corporation (the “Company”), and (the “Employee”).

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