APPENDIX I AGREEMENT AND PLAN OF REORGANIZATION AND SHARE EXCHANGE THIS AGREEMENT AND PLAN OF REORGANIZATION AND SHARE EXCHANGE (this "Agreement"), made and entered into as of February 7, 2003, by and between SURREY BANK & TRUST, a banking corporation...Agreement and Plan of Reorganization and Share Exchange • June 17th, 2003 • Surrey Bancorp • North Carolina
EXECUTIVE SALARY CONTINUATION AGREEMENTExecutive Salary Continuation Agreement • August 11th, 2005 • Surrey Bancorp • State commercial banks • North Carolina
THIS AGREEMENT, made and entered into this 27th day of June, 2005, by and between Surrey Bank & Trust, a bank organized and existing under the laws of the State of North Carolina (hereinafter referred to as the “Bank”), and Edward C. Ashby, III, an Executive of the Bank (hereinafter referred to as the “Executive”).
AMENDMENT NUMBER ONE TO EMPLOYMENT AGREEMENTEmployment Agreement • March 27th, 2008 • Surrey Bancorp • State commercial banks
This Amendment Number One is made as of September 21, 2007, to the Employment Agreement dated as of July 22, 1999 (the “Agreement”), by and between Surrey Bank & Trust and Pedro A. Pequeno II. This Amendment is being made solely to conform the provisions of the Agreement with the requirements of Section 409A of the Internal Revenue Code of 1986, as amended.
409A Amendment to the Surrey Bank & Trust Executive Salary Continuation Agreement for Edward C. Ashby, IIISurrey Bancorp • August 13th, 2008 • State commercial banks
This Amendment is intended to bring the Agreement into compliance with the requirements of Internal Revenue Code Section 409A. Accordingly, the intent of the parties hereto is that the Agreement shall be operated and interpreted consistent with the requirements of Section 409A. Therefore, the following changes shall be made:
AMENDMENT NUMBER TWO TO EMPLOYMENT AGREEMENTEmployment Agreement • March 26th, 2009 • Surrey Bancorp • State commercial banks
This Amendment Number Two is made as of December 1, 2008, to the Employment Agreement dated as of July 22, 1999 (the “Agreement”), by and between Surrey Bank & Trust and Mark H. Towe (“Executive”). This Amendment is being made solely to conform the provisions of the Agreement to the requirements of Section 409A and 280G(e) of the Internal Revenue Code of 1986, as amended (“Code”).
409A Amendment to the Surrey Bank & Trust Executive Salary Continuation Agreement for Brenda J. HardingSurrey Bancorp • August 13th, 2008 • State commercial banks
This Amendment is intended to bring the Agreement into compliance with the requirements of Internal Revenue Code Section 409A. Accordingly, the intent of the parties hereto is that the Agreement shall be operated and interpreted consistent with the requirements of Section 409A. Therefore, the following changes shall be made:
409A Amendment to the Surrey Bank & Trust Directors’ Deferral PlanSurrey Bancorp • August 13th, 2008 • State commercial banks
This Amendment is intended to bring the Agreement into compliance with the requirements of Internal Revenue Code Section 409A. Accordingly, the intent of the parties hereto is that the Agreement shall be operated and interpreted consistent with the requirements of Section 409A. Therefore, the following changes shall be made:
FORM OF WAIVER AGREEMENT AND ACKNOWLEDGEMENTForm of Waiver Agreement and Acknowledgement • January 15th, 2009 • Surrey Bancorp • State commercial banks • North Carolina
This Waiver Agreement and Acknowledgement (the “Waiver Agreement”) is executed as of January 9, 2009 by and among Surrey Bancorp (the “Corporation”), Surrey Bank & Trust (the “Bank”) and the undersigned officer (“Officer”) and in consideration of the benefits to all parties derived by the execution of that certain Letter Agreement (including the Schedules thereto), and a Securities Purchase Agreement – Standard Terms (including the Annexes thereto), dated January 9, 2009 (together referred to herein as the “Purchase Agreement”) between the Corporation and the United States Department of the Treasury (the “Investor”), the receipt and sufficiency of which are hereby acknowledged by all parties, the parties agree as follows:
AMENDMENT NUMBER TWO TO EMPLOYMENT AGREEMENTEmployment Agreement • March 26th, 2009 • Surrey Bancorp • State commercial banks
This Amendment Number Two is made as of December 1, 2008, to the Employment Agreement dated as of July 22, 1999 (the “Agreement”), by and between Surrey Bank & Trust and Pedro A. Pequeno II (“Executive”). This Amendment is being made solely to conform the provisions of the Agreement to the requirements of Section 409A and 280G(e) of the Internal Revenue Code of 1986, as amended (“Code”).
