ANDAgreement and Plan of Merger • December 17th, 2004 • Berkshire Hills Bancorp Inc • Savings institutions, not federally chartered • Delaware
1.1 Actual Deferral Percentage 1 1.2 Adoption Agreement 1 1.3 Aggregate Limit 1 1.4 Annual Additions 2 1.5 Annuity Starting Date 2 1.6 Applicable Calendar Year 2 1.7 Applicable Life Expectancy 2 1.8 Average Contribution Percentage (ACP) 2 1.9 Average...Berkshire Hills Bancorp Inc • July 19th, 2000 • Savings institutions, not federally chartered
UNDERWRITING AGREEMENTUnderwriting Agreement • May 25th, 2017 • Berkshire Hills Bancorp Inc • Savings institutions, not federally chartered • New York
Berkshire Hills Bancorp, Inc., a Delaware corporation (the “Company”), confirms its agreement with Sandler O’Neill & Partners, L.P. (“Sandler O’Neill” or an “Underwriter”) and each of the other underwriters named in Schedule A hereto (collectively, the “Underwriters,” which term shall also include any underwriter substituted as hereinafter provided in Section 10 hereof), for whom Sandler O’Neill is acting as representative (in such capacity, the “Representative”) with respect to (i) the sale by the Company, and the purchase by the Underwriters, acting severally and not jointly, of 4,637,690 shares of common stock, $0.01 par value per share, of the Company (“Common Stock”), and (ii) the grant by the Company to the Underwriters, acting severally and not jointly, of the option described in Section 2(b) hereof to purchase all or any part of 695,653 additional shares of Common Stock. The aforesaid 4,637,690 shares of Common Stock (the “Initial Securities”) to be purchased by the Underwriter
Common Stock (par value $10 per share)Berkshire Hills Bancorp Inc • April 25th, 2000 • Savings institutions, not federally chartered • New York
BERKSHIRE BANK THREE YEAR CHANGE IN CONTROL AGREEMENT This AGREEMENT is made effective as of June 27, 2000, by and among Berkshire Bank (the "Institution"), a state chartered savings institution, with its principal administrative offices at 24 North...Change in Control Agreement • March 17th, 2003 • Berkshire Hills Bancorp Inc • Savings institutions, not federally chartered • Massachusetts
BERKSHIRE HILLS BANCORP, INC. EMPLOYMENT AGREEMENT This EMPLOYMENT AGREEMENT ("Agreement") is made effective as of June 27, 2000 (the "Effective Time"), by and between Berkshire Hills Bancorp, Inc. (the "Holding Company"), a corporation organized...Employment Agreement • March 29th, 2001 • Berkshire Hills Bancorp Inc • Savings institutions, not federally chartered • Delaware
Exhibit 10.9 BERKSHIRE HILLS BANCORP, INC. THREE YEAR CHANGE IN CONTROL AGREEMENT This AGREEMENT is made effective as of June 27, 2000, by and between Berkshire Hills Bancorp, Inc. (the "Holding Company"), a corporation organized under the laws of the...Control Agreement • March 17th, 2003 • Berkshire Hills Bancorp Inc • Savings institutions, not federally chartered • Delaware
BERKSHIRE HILLS BANCORP, INC. EMPLOYMENT AGREEMENT This EMPLOYMENT AGREEMENT (the "Agreement") by and between Berkshire Hills Bancorp, Inc. (the "Holding Company"), a corporation organized under the laws of Delaware, with its principal offices at 24...Employment Agreement • August 13th, 2003 • Berkshire Hills Bancorp Inc • Savings institutions, not federally chartered • Delaware
EXHIBIT 10.4 STOCK OPTION ASSUMPTION AGREEMENT Dear Optionee: On September 21, 2007 (the "Closing Date"), Factory Point Bancorp, Inc. ("Factory Point") will merge with and into Berkshire Hills Bancorp, Inc. ("Berkshire"), a Delaware corporation (the...Stock Option Assumption Agreement • October 10th, 2007 • Berkshire Hills Bancorp Inc • Savings institutions, not federally chartered
BERKSHIRE HILLS BANCORP INC. and WILMINGTON TRUST, NATIONAL ASSOCIATION, as Trustee INDENTURE Dated as of June 30, 2022 SUBORDINATED DEBT SECURITIESIndenture • June 30th, 2022 • Berkshire Hills Bancorp Inc • Savings institutions, not federally chartered • New York
BERKSHIRE HILLS BANCORP, INC. EMPLOYMENT AGREEMENT This EMPLOYMENT AGREEMENT ("Agreement") is made effective as of June 27, 2000 (the "Effective Time"), by and between Berkshire Hills Bancorp, Inc. (the "Holding Company"), a corporation organized...Employment Agreement • March 29th, 2001 • Berkshire Hills Bancorp Inc • Savings institutions, not federally chartered • Delaware
PURCHASE AND ASSUMPTION AGREEMENT dated as of DECEMBER 2, 2020 between BERKSHIRE BANK and INVESTORS BANKPurchase and Assumption Agreement • December 2nd, 2020 • Berkshire Hills Bancorp Inc • Savings institutions, not federally chartered • New Jersey
This PURCHASE AND ASSUMPTION AGREEMENT, dated as of December 2, 2020 (this “Agreement”), between Berkshire Bank, a trust company organized under the laws of the Commonwealth of Massachusetts, with its principal office located in Pittsfield, Massachusetts (“Seller”), and Investors Bank, a commercial bank organized under the laws of the State of New Jersey, with its principal office located in Short Hills, New Jersey (“Purchaser”).
BERKSHIRE HILLS BANCORP, INC. and as Trustee INDENTURE Dated as of [_______________ __, _____] SENIOR DEBT SECURITIESIndenture • March 2nd, 2023 • Berkshire Hills Bancorp Inc • Savings institutions, not federally chartered • New York
Exhibit 10.6 BERKSHIRE BANK THREE YEAR CHANGE IN CONTROL AGREEMENT This AGREEMENT is made effective as of October 22, 2003, by and among Berkshire Bank (the "Institution"), a state chartered savings institution with its principal administrative...Control Agreement • March 11th, 2004 • Berkshire Hills Bancorp Inc • Savings institutions, not federally chartered • Massachusetts
Berkshire Hills Bancorp, Inc.Underwriting Agreement • June 29th, 2022 • Berkshire Hills Bancorp Inc • Savings institutions, not federally chartered • New York
Berkshire Hills Bancorp, Inc., a Delaware corporation (the “Company”), proposes to issue and sell to the several underwriters named in Schedule A hereto (the “Underwriters”) pursuant to the terms set forth herein (this “Agreement”) $100,000,000 aggregate principal amount of the Company’s 5.50% Fixed-to-Floating Rate Subordinated Notes due 2032 (the “Securities”). The Securities will be issued pursuant to an indenture, to be dated as of the Closing Time (as defined below) (the “Base Indenture”), between the Company and Wilmington Trust, National Association, as trustee (the “Trustee”), as supplemented by a supplemental indenture thereto relating to the Securities, to be dated as of the Closing Time, between the Company and the Trustee (the “Supplemental Indenture” and, together with the Base Indenture, the “Indenture”). Keefe, Bruyette & Woods, Inc. (“KBW”) and PNC Capital Markets LLC (“PNC”) have agreed to act as representatives of the several Underwriters (in such capacity, the “Repre
FORM OF BERKSHIRE BANK EMPLOYMENT AGREEMENTEmployment Agreement • March 10th, 2000 • Berkshire Hills Bancorp Inc • Massachusetts
FORM OF BERKSHIRE BANK THREE YEAR CHANGE IN CONTROL AGREEMENTControl Agreement • March 10th, 2000 • Berkshire Hills Bancorp Inc • Massachusetts
BERKSHIRE BANK SUPPLEMENTAL EXECUTIVE RETIREMENT AGREEMENT FOR NITIN J. MHATRESupplemental Executive Retirement Agreement • April 2nd, 2021 • Berkshire Hills Bancorp Inc • Savings institutions, not federally chartered • Massachusetts
THIS SUPPLEMENTAL EXECUTIVE RETIREMENT AGREEMENT FOR NITIN J. MHATRE (the “Agreement”), effective as of April 1, 2021, is hereby entered into by Berkshire Bank (the “Bank”) and Nitin J. Mhatre (“Executive”).
FORM OF BERKSHIRE BANK EMPLOYEE STOCK OWNERSHIP TRUST LOAN AND SECURITY AGREEMENTBerkshire Hills Bancorp Inc • March 10th, 2000 • Massachusetts
AGREEMENT AND PLAN OF MERGER DATED AS OF DECEMBER 11, 2018 BY AND BETWEEN BERKSHIRE HILLS BANCORP, INC. AND SI FINANCIAL GROUP, INC.Agreement and Plan of Merger • December 11th, 2018 • Berkshire Hills Bancorp Inc • Savings institutions, not federally chartered • Delaware
This is an Agreement and Plan of Merger, dated as of the 11th day of December, 2018 (“Agreement”), by and between Berkshire Hills Bancorp, Inc., a Delaware corporation (“Purchaser”), and SI Financial Group, Inc., a Maryland corporation (the “Company”).
BERKSHIRE HILLS BANCORP, INC. BERKSHIRE BANK AMENDED AND RESTATED THREE YEAR CHANGE IN CONTROL AGREEMENTChange in Control Agreement • March 16th, 2011 • Berkshire Hills Bancorp Inc • Savings institutions, not federally chartered • Massachusetts
This Amended and Restated Three Year Change in Control Agreement (the “Agreement”) is made effective as of October 1, 2008, by and among Berkshire Hills Bancorp, Inc. (the “Company”), a corporation organized under the laws of the State of Delaware, and its wholly-owned subsidiary, Berkshire Bank (the “Bank”), a state chartered savings Bank with its principal administrative offices at 24 North Street, Pittsfield, Massachusetts 01201, and Linda A. Johnston (“Executive”).
Exhibit 10.9 BERKSHIRE HILLS BANCORP, INC. THREE YEAR CHANGE IN CONTROL AGREEMENT This AGREEMENT is made effective as of October 22, 2003, by and between Berkshire Hills Bancorp, Inc. (the "Holding Company"), a corporation organized under the laws of...Control Agreement • March 11th, 2004 • Berkshire Hills Bancorp Inc • Savings institutions, not federally chartered • Delaware
BERKSHIRE HILLS BANCORP, INC. and as Trustee INDENTURE Dated as of [_______________ __, _____] SUBORDINATED DEBT SECURITIESIndenture • March 2nd, 2023 • Berkshire Hills Bancorp Inc • Savings institutions, not federally chartered • New York
BERKSHIRE BANK EMPLOYMENT AGREEMENT This EMPLOYMENT AGREEMENT (the "Agreement") by and between Berkshire Bank (the "Bank"), a state-chartered savings institution, with its principal offices at 24 North Street, Pittsfield, Massachusetts 01202,...Berkshire Bank Employment Agreement • August 13th, 2003 • Berkshire Hills Bancorp Inc • Savings institutions, not federally chartered • Massachusetts
BERKSHIRE HILLS BANCORP, INC. BERKSHIRE BANK THREE-YEAR EXECUTIVE CHANGE IN CONTROL AGREEMENTChange in Control Agreement • September 23rd, 2016 • Berkshire Hills Bancorp Inc • Savings institutions, not federally chartered • Massachusetts
This Three-Year Executive Change in Control Agreement (the “Agreement”) is made effective as of September 22, 2016, by and among Berkshire Hills Bancorp, Inc. (the “Company”), a corporation organized under the laws of the State of Delaware, and its wholly-owned subsidiary, Berkshire Bank (the “Bank”), a state chartered trust company with its principal administrative offices at 24 North Street, Pittsfield, Massachusetts 01201 and James M. Moses (the “Executive”).
HAMPDEN BANK AMENDED AND RESTATED DIRECTOR RETIREMENT AGREEMENTDirector Retirement Agreement • November 9th, 2015 • Berkshire Hills Bancorp Inc • Savings institutions, not federally chartered • Massachusetts
This AMENDED & RESTATED DIRECTOR RETIREMENT AGREEMENT (this “Agreement”) is adopted this 29th day of July, 2008 by and between HAMPDEN BANK, a state- savings bank located in Springfield, Massachusetts (the “Bank”), and Richard Suski (the “Director”). This Agreement amends and restates the prior Amended and Restated Director Supplemental Retirement Plan Agreement between the Bank and the Director dated January 1, 2008 (the “Prior Agreement”). The parties intend this amended and restated Agreement to be a material modification of the Prior Agreement such that all amounts earned and vested prior to December 31, 2004 shall be subject to the provisions of Code Section 409A.
AGREEMENTAgreement • March 11th, 2004 • Berkshire Hills Bancorp Inc • Savings institutions, not federally chartered
BERKSHIRE HILLS BANCORP, INC. THREE YEAR CHANGE IN CONTROL AGREEMENTYear Change in Control Agreement • March 17th, 2008 • Berkshire Hills Bancorp Inc • Savings institutions, not federally chartered • Delaware
This AGREEMENT is made effective as of August 1, 2007, by and between Berkshire Hills Bancorp, Inc. (the "Holding Company"), a corporation organized under the laws of the state of Delaware, with its principal administrative offices at 24 North Street, Pittsfield, Massachusetts 01201, and Kevin P. Riley ("Executive"). Any reference to the “Institution” herein shall mean Berkshire Bank or any successor to Berkshire Bank.
SETTLEMENT AGREEMENTSettlement Agreement • January 26th, 2015 • Berkshire Hills Bancorp Inc • Savings institutions, not federally chartered • Massachusetts
This Settlement Agreement, dated as of January 23, 2015 (this “Agreement”), is by and among Hampden Bancorp, Inc. (“Hampden”), Berkshire Hills Bancorp, Inc. (“Berkshire”) and Clover Partners, L.P., MHC Mutual Conversion Fund, L.P., Clover Investments, L.L.C., Michael C. Mewhinney, Johnny Guerry, and Garold R. Base (collectively, the “Clover Group,” and individually a “member” of the Clover Group).
Letterhead of Berkshire Hills Bancorp, Inc.]Securities Purchase Agreement • January 6th, 2009 • Berkshire Hills Bancorp Inc • Savings institutions, not federally chartered
Michael P. Daly President and Chief Executive Officer c/o Berkshire Hills Bancorp, Inc. 24 North Street Pittsfield, Massachusetts 01201
BERKSHIRE HILLS BANCORP, INC. BERKSHIRE BANK THREE YEAR CHANGE IN CONTROL AGREEMENTChange in Control Agreement • March 16th, 2010 • Berkshire Hills Bancorp Inc • Savings institutions, not federally chartered • Massachusetts
This Change in Control Agreement (the “Agreement”) is made effective as of February 1, 2010, by and among Berkshire Hills Bancorp, Inc., (the “Company”), a corporation organized under the laws of the State of Delaware, and its wholly-owned subsidiary, Berkshire Bank (the “Bank”), a state chartered savings Bank with its principal administrative offices at 24 North Street, Pittsfield, Massachusetts 01201, and Richard M. Marotta (“Executive”).
FORM OF BERKSHIRE HILLS BANCORP, INC. EMPLOYMENT AGREEMENTEmployment Agreement • March 10th, 2000 • Berkshire Hills Bancorp Inc
LETTERHEAD OF BERKSHIRE HILLS BANCORP, INC.] November 13, 2002 Charles F. Plungis. Jr. 6 Heberts Drive Great Barrington, MA 01230 Dear Charlie: This letter agreement (the "Agreement") sets forth the agreement that we have reached regarding your...Letter Agreement • November 14th, 2002 • Berkshire Hills Bancorp Inc • Savings institutions, not federally chartered
Performance-based Restricted Stock Award Granted by BERKSHIRE HILLS BANCORP, INC. under the BERKSHIRE HILLS BANCORP, INC.Equity Incentive Plan • September 26th, 2019 • Berkshire Hills Bancorp Inc • Savings institutions, not federally chartered • Massachusetts
This Restricted Stock Award Agreement (the “Restricted Stock Award” or this “Agreement”) is and will be subject in every respect to the provisions of the 2018 Equity Incentive Plan (the “Plan”) of Berkshire Hills Bancorp, Inc. (the “Company”) which are incorporated herein by reference and made a part hereof, subject to the provisions of this Agreement. A copy of the Plan has been provided to each person granted a Restricted Stock Award pursuant to the Plan. The holder of this Restricted Stock Award (the “Participant”) hereby accepts this Restricted Stock Award, subject to all the terms and provisions of the Plan and this Agreement, and agrees that all decisions under and interpretations of the Plan and this Agreement by the Committee appointed to administer the Plan (“Committee”) or the Board will be final, binding and conclusive upon the Participant and the Participant’s heirs, legal representatives, successors and permitted assigns. Capitalized terms used herein but not defined will
BERKSHIRE BANK THREE YEAR CHANGE IN CONTROL AGREEMENTThree Year Change in Control Agreement • March 17th, 2008 • Berkshire Hills Bancorp Inc • Savings institutions, not federally chartered • Massachusetts
This AGREEMENT is made effective as of August 1, 2007, by and among Berkshire Bank (the “Institution”), a state chartered savings institution with its principal administrative offices at 24 North Street, Pittsfield, Massachusetts 01201, Berkshire Hills Bancorp, Inc. (the “Holding Company”), a corporation organized under the laws of the state of Delaware, which is the stock holding company of the Institution, and Kevin P. Riley (“Executive”).
