Exhibit 10.5 EMPLOYMENT AGREEMENT THIS EMPLOYMENT AGREEMENT ("Agreement") is entered into as of September 13, 2001, by and between Commercial Capital Bancorp (the "Holding Company"), a corporation organized under the laws of the State of Nevada, with...Employment Agreement • September 16th, 2002 • Commercial Capital Bancorp Inc • California
SharesUnderwriting Agreement • September 16th, 2002 • Commercial Capital Bancorp Inc • New York
ARTICLE II POWERS, DUTIES AND RIGHTS OF GUARANTEE TRUSTEEGuarantee Agreement • September 16th, 2002 • Commercial Capital Bancorp Inc • New York
Exhibit 10.3 EMPLOYMENT AGREEMENT THIS EMPLOYMENT AGREEMENT ("Agreement") is entered into as of September 13, 2001, by and between Commercial Capital Bancorp (the "Holding Company"), a corporation organized under the laws of the State of Nevada, with...Employment Agreement • September 16th, 2002 • Commercial Capital Bancorp Inc • California
Exhibit 10.4 EMPLOYMENT AGREEMENT THIS EMPLOYMENT AGREEMENT ("Agreement") is entered into as of September 13, 2001, by and between Commercial Capital Bank, a federal savings bank, with its headquarters office located in the City of Irvine, Orange...Employment Agreement • September 16th, 2002 • Commercial Capital Bancorp Inc • California
FORM OF EMPLOYMENT AGREEMENTEmployment Agreement • May 14th, 2003 • Commercial Capital Bancorp Inc • Savings institution, federally chartered • California
GUARANTEE AGREEMENT COMMERCIAL CAPITAL BANCORP, INC. Dated as of May 27, 2004Guarantee Agreement • August 9th, 2004 • Commercial Capital Bancorp Inc • Savings institution, federally chartered • New York
This GUARANTEE AGREEMENT (the “Guarantee”), dated as of May 27, 2004, is executed and delivered by Commercial Capital Bancorp, Inc., a savings and loan holding company incorporated in the state of Nevada (the “Guarantor”), and Wilmington Trust Company, a Delaware banking corporation, as trustee (the “Guarantee Trustee”), for the benefit of the Holders (as defined herein) from time to time of the Capital Securities (as defined herein) of CCB Capital Trust VII, a Delaware statutory trust (the “Issuer”).
EXHIBIT 10.18 COMMERCIAL CAPITAL BANK, FSB INDEMNIFICATION AGREEMENT ------------------------- This Indemnification Agreement ("Agreement") is made as of this _____ day of November, 2002, by and between Commercial Capital Bank, FSB, a federal savings...Indemnification Agreement • November 27th, 2002 • Commercial Capital Bancorp Inc • Savings institution, federally chartered • Nevada
AMENDED AND RESTATED TRUST AGREEMENT among COMMERCIAL CAPITAL BANCORP, INC., as Depositor DEUTSCHE BANK TRUST COMPANY AMERICAS, as Property Trustee DEUTSCHE BANK TRUST COMPANY DELAWARE, as Delaware Trustee and THE ADMINISTRATIVE TRUSTEES NAMED HEREIN...Trust Agreement • March 16th, 2005 • Commercial Capital Bancorp Inc • Savings institution, federally chartered • Delaware
AMENDED AND RESTATED TRUST AGREEMENT, dated as of February 2, 2005, among (i) Commercial Capital Bancorp, Inc., a Nevada corporation (including any successors or permitted assigns, the “Depositor”), (ii) Deutsche Bank Trust Company Americas, a New York banking corporation, as property trustee (in such capacity, the “Property Trustee”), (iii) Deutsche Bank Trust Company Delaware, a Delaware banking corporation, as Delaware trustee (in such capacity, the “Delaware Trustee”), (iv) Stephen H. Gordon, an individual, David S. DePillo, an individual, and Christopher G. Hagerty, an individual, each of whose address is c/o Commercial Capital Bancorp, Inc., 8105 Irvine Center Drive, Suite 1500, Irvine, CA 92618, as administrative trustees (in such capacities, each an “Administrative Trustee” and, collectively, the “Administrative Trustees” and, together with the Property Trustee and the Delaware Trustee, the “Trustees”) and (v) the several Holders, as hereinafter defined.
Exhibit 10.13 MEMBERSHIP INTEREST PURCHASE AGREEMENT This Membership Interest Purchase Agreement (this "Agreement"), dated as of July 1, 2002, is made by and between Stephen H. Gordon, David S. DePillo and Scott F. Kavanaugh and Kerry C. Kavanaugh of...Membership Interest Purchase Agreement • September 16th, 2002 • Commercial Capital Bancorp Inc • California
GUARANTEE AGREEMENT between COMMERCIAL CAPITAL BANCORP, INC., As Guarantor, and DEUTSCHE BANK TRUST COMPANY AMERICAS, As Guarantee Trustee Dated as of February 2, 2005 CCB CAPITAL TRUST IXGuarantee Agreement • March 16th, 2005 • Commercial Capital Bancorp Inc • Savings institution, federally chartered • New York
GUARANTEE AGREEMENT, dated as of February 2, 2005, executed and delivered by COMMERCIAL CAPITAL BANCORP, INC., a Nevada corporation (the “Guarantor”) having its principal office at 8105 Irvine Center Drive, Suite 1500, Irvine, CA 92618, and DEUTSCHE BANK TRUST COMPANY AMERICAS, a New York banking corporation, as trustee (in such capacity, the “Guarantee Trustee”), for the benefit of the Holders (as defined herein) from time to time of the Preferred Securities (as defined herein) of CCB CAPITAL TRUST IX, a Delaware statutory trust (the “Issuer”).
JUNIOR SUBORDINATED INDENTURE between COMMERCIAL CAPITAL BANCORP, INC. and DEUTSCHE BANK TRUST COMPANY AMERICAS, as TrusteeIndenture • March 16th, 2005 • Commercial Capital Bancorp Inc • Savings institution, federally chartered • New York
JUNIOR SUBORDINATED INDENTURE, dated as of February 2, 2005, between Commercial Capital Bancorp, Inc., a Nevada corporation (the “Company”), and DEUTSCHE BANK TRUST COMPANY AMERICAS, a New York banking corporation, as Trustee (in such capacity, the “Trustee”).
EMPLOYMENT AGREEMENTEmployment Agreement • March 16th, 2006 • Commercial Capital Bancorp Inc • Savings institution, federally chartered • California
THIS EMPLOYMENT AGREEMENT (“Agreement”) is entered into as of October 27, 2005 by and between Commercial Capital Bancorp (the “Holding Company”), a corporation organized under the laws of the State of Nevada, with its headquarters office located in the City of Irvine, Orange County, California, and James Leonetti, a California resident (the “Employee”). References herein to “Bank” are references to Commercial Capital Bank, FSB. References herein to “Bank Employment Agreement” are references to the employment agreement entered into between the Bank and the Employee dated October 27, 2005.
INTRODUCTIONBank Split Dollar Agreement • September 16th, 2002 • Commercial Capital Bancorp Inc • California
AMENDED AND RESTATED EMPLOYMENT AGREEMENTEmployment Agreement • December 30th, 2005 • Commercial Capital Bancorp Inc • Savings institution, federally chartered • California
THIS AMENDED AND RESTATED EMPLOYMENT AGREEMENT (“Agreement”) is entered into as of December 27, 2005, by and between Commercial Capital Bank, FSB, a federal savings bank, with its headquarters office located in the City of Irvine, Orange County, California (the “Bank”), and Chris Walsh, a California resident (the “Employee”). References herein to “Holding Company” are references to Commercial Capital Bancorp, Inc.
INTRODUCTIONExecutive Bonus Agreement • September 16th, 2002 • Commercial Capital Bancorp Inc • California
FORM OF COMMERCIAL CAPITAL BANCORP, INC. INCENTIVE STOCK OPTION AGREEMENTIncentive Stock Option Agreement • September 3rd, 2004 • Commercial Capital Bancorp Inc • Savings institution, federally chartered • Nevada
Stock Option Agreement (this “Option Agreement”), dated as of (the “Grant Date”), between Commercial Capital Bancorp, Inc. (the “Company”) and (the “Participant”). This Option Agreement is pursuant to the terms of the Commercial Capital Bancorp, Inc. 2004 Long-Term Incentive Plan (the “Plan”), a copy of which has been furnished to the Participant and the terms of which are incorporated herein by reference. Unless otherwise indicated, whenever capitalized terms are used in this Option Agreement, they shall have the meanings set forth in the Plan.
DUE 2032Indenture • September 16th, 2002 • Commercial Capital Bancorp Inc • New York
FIRST SUPPLEMENTAL INDENTUREFirst Supplemental Indenture • August 9th, 2004 • Commercial Capital Bancorp Inc • Savings institution, federally chartered • New York
THIS FIRST SUPPLEMENTAL INDENTURE, dated as of June 4, 2004 (this “First Supplemental Indenture”), between Commercial Capital Bancorp, Inc., a Nevada corporation (the “Corporation”) and Wilmington Trust Company, a Delaware banking corporation, as trustee (hereinafter the “Trustee”). Capitalized terms used herein without definition shall have the same meanings assigned to them in the Indenture (as hereinafter defined).
FOURTH AMENDED AND RESTATED WAREHOUSING CREDIT AND SECURITY AGREEMENTCredit and Security Agreement • May 10th, 2005 • Commercial Capital Bancorp Inc • Savings institution, federally chartered • Minnesota
FOURTH AMENDED AND RESTATED WAREHOUSING CREDIT AND SECURITY AGREEMENT, dated as of August 1, 2004 between COMMERCIAL CAPITAL MORTGAGE, INC., a Delaware corporation (“Borrower”), and RESIDENTIAL FUNDING CORPORATION, a Delaware corporation (“Lender”).
Amendment to Employment Agreement Between Commercial Capital Bancorp, Inc., and James Leonetti dated 10/27/05Employment Agreement • September 22nd, 2006 • Commercial Capital Bancorp Inc • Savings institution, federally chartered
Whereas, Commercial Capital Bancorp, Inc., and James Leonetti (together, the “Parties”) entered into an Employment Agreement effective 10/27/05 (the “Agreement”);
June 22, 2006 Via e-mail, Hand Delivery & U.S. MailEmployment Agreement • August 9th, 2006 • Commercial Capital Bancorp Inc • Savings institution, federally chartered • California
Re: Amended and Restated Employment Agreement: dated December 19, 2005 by and between Commercial Capital Bancorp, and James R. Daley;
FORM OF COMMERCIAL CAPITAL BANCORP, INC. RESTRICTED STOCK AGREEMENTRestricted Stock Agreement • September 3rd, 2004 • Commercial Capital Bancorp Inc • Savings institution, federally chartered • Nevada
Restricted Stock Agreement (this “Agreement”), dated as of (the “Grant Date”), between Commercial Capital Bancorp, Inc. (the “Company”) and (the “Participant”). This Agreement is pursuant to the terms of the Commercial Capital Bancorp, Inc. 2004 Long-Term Incentive Plan (the “Plan”), a copy of which has been furnished to the Participant and the terms of which are incorporated herein by reference. Unless otherwise indicated, whenever capitalized terms are used in this Agreement, they shall have the meanings set forth in the Plan.
FIRST SUPPLEMENTAL INDENTUREFirst Supplemental Indenture • August 9th, 2004 • Commercial Capital Bancorp Inc • Savings institution, federally chartered • New York
THIS FIRST SUPPLEMENTAL INDENTURE, dated as of June 4, 2004 (this “First Supplemental Indenture”), between Commercial Capital Bancorp, Inc., a Nevada corporation (the “Corporation”), and Wilmington Trust Company, a Delaware banking corporation, as debenture trustee (hereinafter the “Debenture Trustee”). Capitalized terms used herein without definition shall have the same meanings assigned to them in the Indenture (as hereinafter defined).
AGREEMENT AND PLAN OF MERGER DATED AS OF APRIL 23, 2006 AMONG WASHINGTON MUTUAL, INC. BRUIN ACQUISITION INC. AND COMMERCIAL CAPITAL BANCORP, INC.Agreement and Plan of Merger • April 25th, 2006 • Commercial Capital Bancorp Inc • Savings institution, federally chartered • Delaware
AGREEMENT AND PLAN OF MERGER, dated as of April 23, 2006, among Washington Mutual, Inc. (“Washington Mutual”), Bruin Acquisition Inc. (“Merger Sub”) and Commercial Capital Bancorp, Inc. (“CCBI”).
HAWTHORNE SHAREHOLDER AGREEMENTHawthorne Shareholder Agreement • April 13th, 2004 • Commercial Capital Bancorp Inc • Savings institution, federally chartered • Nevada
HAWTHORNE SHAREHOLDER AGREEMENT (the “Agreement”), dated as of January 27, 2004, among , a shareholder (“Shareholder”) of Hawthorne Financial Corporation, a Delaware corporation (“Hawthorne”) and Commercial Capital Bancorp, Inc., a Nevada corporation (“Parent”). All terms used herein and not defined herein shall have the meanings assigned thereto in the Merger Agreement (defined below).
AGREEMENT AND PLAN OF MERGER DATED AS OF JANUARY 27, 2004 AMONG COMMERCIAL CAPITAL BANCORP, INC., CCBI ACQUISITION CORP. AND HAWTHORNE FINANCIAL CORPORATIONAgreement and Plan of Merger • January 28th, 2004 • Commercial Capital Bancorp Inc • Savings institution, federally chartered • Nevada
AGREEMENT AND PLAN OF MERGER, dated as of January 27, 2004 (this “Agreement”), among Commercial Capital Bancorp, Inc. (“Parent”), CCBI Acquisition Corp. (“Acquisition Sub”) and Hawthorne Financial Corporation (“Hawthorne”).
DUE 2032Indenture • September 16th, 2002 • Commercial Capital Bancorp Inc • Delaware
Amendment to Employment Agreement Between Commercial Capital Bancorp, Inc., and Stephen H. Gordon dated 12/19/05Employment Agreement • September 22nd, 2006 • Commercial Capital Bancorp Inc • Savings institution, federally chartered
Whereas, Commercial Capital Bancorp, Inc., and Stephen H. Gordon (together, the “Parties”) entered into an Employment Agreement effective 12/19/05 (the “Agreement”);
PARENT SHAREHOLDER AGREEMENTParent Shareholder Agreement • April 13th, 2004 • Commercial Capital Bancorp Inc • Savings institution, federally chartered • California
PARENT SHAREHOLDER AGREEMENT (the “Agreement”), dated as of January 27, 2004, among , a shareholder (“Shareholder”) of Commercial Capital Bancorp, Inc., a Nevada corporation (“Parent”) and Hawthorne Financial Corporation, a Delaware corporation (“Hawthorne”). All terms used herein and not defined herein shall have the meanings assigned thereto in the Merger Agreement (defined below).
FIRST AMENDMENT TO FOURTH AMENDED AND RESTATED WAREHOUSING CREDIT AND SECURITY AGREEMENTCredit and Security Agreement • May 10th, 2005 • Commercial Capital Bancorp Inc • Savings institution, federally chartered
FIRST AMENDMENT TO FOURTH AMENDED AND RESTATED WAREHOUSING CREDIT AND SECURITY AGREEMENT (this “Amendment”) dated as of January 24, 2005, between COMMERCIAL CAPITAL MORTGAGE, INC., a Delaware corporation (“Borrower”) and RESIDENTIAL FUNDING CORPORATION, a Delaware corporation (“Lender”).
FIRST AMENDMENT TO THE COMMERCIAL CAPITAL BANK EXECUTIVE BONUS AGREEMENT DATED JULY 23, 2002 FOR STEPHEN H. GORDONExecutive Bonus Agreement • November 14th, 2003 • Commercial Capital Bancorp Inc • Savings institution, federally chartered
THIS AMENDMENT executed on this 29th day of August, 2003, by and between COMMERCIAL CAPITAL BANK, a savings association located in Irvine, California (the “Company”) and STEPHEN H. GORDON (the “Executive”).
THIRD AMENDED AND RESTATED WAREHOUSING CREDIT AND SECURITY AGREEMENTCredit and Security Agreement • November 14th, 2003 • Commercial Capital Bancorp Inc • Savings institution, federally chartered • Minnesota
THIRD AMENDED AND RESTATED WAREHOUSING CREDIT AND SECURITY AGREEMENT, dated as of June 30, 2003 between COMMERCIAL CAPITAL MORTGAGE, INC. F/K/A FINANCIAL INSTITUTIONAL PARTNERS MORTGAGE CORPORATION, a Delaware corporation (“Borrower”), and RESIDENTIAL FUNDING CORPORATION, a Delaware corporation (“Lender”).
Amendment to Employment Agreement Between Commercial Capital Bank, FSB and Richard Sanchez dated 12/19/05Employment Agreement • September 22nd, 2006 • Commercial Capital Bancorp Inc • Savings institution, federally chartered
Whereas, Commercial Capital Bank, FSB and Richard Sanchez (together, the “Parties”) entered into an Employment Agreement effective 12/19/05 (the “Agreement”);
SECOND AMENDMENT TO THE COMMERCIAL CAPITAL BANK SALARY CONTINUATION AGREEMENT DATED JULY 23, 2002 FOR STEPHEN H. GORDONContinuation Agreement • November 14th, 2003 • Commercial Capital Bancorp Inc • Savings institution, federally chartered
THIS AMENDMENT executed on this 29th day of August, 2003, by and between COMMERCIAL CAPITAL BANK, a savings association located in Irvine, California (the “Company”) and STEPHEN H. GORDON (the “Executive”).
