AMENDED AND RESTATED TRUST AGREEMENT among MONARCH FINANCIAL HOLDINGS, INC., as Depositor WILMINGTON TRUST COMPANY, as Property Trustee WILMINGTON TRUST COMPANY, as Delaware Trustee and THE ADMINISTRATIVE TRUSTEES NAMED HEREIN as Administrative TrusteesTrust Agreement • July 10th, 2006 • Monarch Financial Holdings, Inc. • Blank checks • Delaware
AMENDED AND RESTATED TRUST AGREEMENT, dated as of July 5, 2006, among (i) Monarch Financial Holdings, Inc., a Virginia corporation (including any successors or permitted assigns, the “Depositor”), (ii) Wilmington Trust Company, a Delaware banking corporation, as property trustee (in such capacity, the “Property Trustee”), (iii) Wilmington Trust Company, a Delaware banking corporation, as Delaware trustee (in such capacity, the “Delaware Trustee”), (iv) William F. Rountree, Jr., an individual, Brad E. Schwartz, an individual, and Jeffrey F. Benson, an individual, each of whose address is c/o Monarch Financial Holdings, Inc., 1101 Executive Drive, Chesapeake, VA 23320, 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.
JUNIOR SUBORDINATED INDENTURE between MONARCH FINANCIAL HOLDINGS, INC. and WILMINGTON TRUST COMPANY, as TrusteeMonarch Financial Holdings, Inc. • July 10th, 2006 • Blank checks • New York
JUNIOR SUBORDINATED INDENTURE, dated as of July 5, 2006, between MONARCH FINANCIAL HOLDINGS, INC., a Virginia corporation (the “Company”), and WILMINGTON TRUST COMPANY, a Delaware banking corporation, as Trustee (in such capacity, the “Trustee”).
GUARANTEE AGREEMENT between MONARCH FINANCIAL HOLDINGS, INC., As Guarantor, and WILMINGTON TRUST COMPANY, As Guarantee Trustee Dated as of July 5, 2006 MONARCH FINANCIAL HOLDINGS TRUSTGuarantee Agreement • July 10th, 2006 • Monarch Financial Holdings, Inc. • Blank checks • New York
GUARANTEE AGREEMENT, dated as of July 5, 2006, executed and delivered by MONARCH FINANCIAL HOLDINGS, INC., a Virginia corporation (the “Guarantor”) having its principal office at 1101 Executive Drive, Chesapeake, VA 23320, and WILMINGTON TRUST COMPANY, a Delaware 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 Monarch Financial Holdings Trust, a Delaware statutory trust (the “Issuer”).
CHANGE IN CONTROL AGREEMENTChange in Control Agreement • February 6th, 2015 • Monarch Financial Holdings, Inc. • State commercial banks • Virginia
This Change in Control Agreement (“Agreement”), dated as of February 5, 2015, is between Monarch Bank, a Virginia state chartered bank (“Company”), and William T. Morrison (“Officer”) and provides as follows.
CONFIDENTIAL EMPLOYMENT AGREEMENTEmployment Agreement • February 6th, 2015 • Monarch Financial Holdings, Inc. • State commercial banks • Virginia
This Employment Agreement (“Agreement”) is made as of February 5, 2015, by and between Monarch Bank, a Virginia banking company (the “Company”), and William T. Morrison (the “Officer”).
CONFIDENTIAL EMPLOYMENT AGREEMENTEmployment Agreement • March 11th, 2008 • Monarch Financial Holdings, Inc. • State commercial banks • Virginia
This Employment Agreement (this “Agreement”) is made as of March 10, 2008, by and between Monarch Bank, a Virginia corporation (the “Company”), and William F. Rountree, Jr. (the “Officer”).
Form of Registration Rights AgreementForm of Registration Rights Agreement • June 12th, 2008 • Monarch Financial Holdings, Inc. • State commercial banks • Virginia
This Registration Rights Agreement (this “Agreement”) is made as of , 2008 between Monarch Financial Holdings, Inc., a Virginia corporation (the “Company”), and (the “Investor” and, collectively with other Persons (as defined below) who have executed a Subscription Agreement (as defined below), the “Investors”).
EMPLOYMENT AGREEMENTEmployment Agreement • October 14th, 2009 • Monarch Financial Holdings, Inc. • State commercial banks • Virginia
This Employment Agreement (“Agreement”) is effective as of this 4th day of May, 2007, between Monarch Mortgage, a division of Monarch Bank (“Monarch Mortgage”), and Edward O. Yoder (“Employee”).
CHANGE IN CONTROL AGREEMENTChange in Control Agreement • January 26th, 2011 • Monarch Financial Holdings, Inc. • State commercial banks • Virginia
This Change in Control Agreement (“Agreement”), dated as of May 4, 2007, is between Monarch Bank, a Virginia state chartered bank (“Monarch”), and Edward O. Yoder, (“Employee”) and provides as follows.
FORM OF UNDERWRITING AGREEMENT 700,000 Shares MONARCH FINANCIAL HOLDINGS, INC. 7.80% Series B Noncumulative Convertible Perpetual Preferred Stock Underwriting AgreementUnderwriting Agreement • December 1st, 2009 • Monarch Financial Holdings, Inc. • State commercial banks • New York
CONFIDENTIAL EMPLOYMENT AGREEMENTEmployment Agreement • January 29th, 2010 • Monarch Financial Holdings, Inc. • State commercial banks • Virginia
This Employment Agreement (“Agreement”) is made as of January 25, 2010, by and between Monarch Financial Holdings, Inc., a Virginia corporation (the “Company”), and William F. Rountree, Jr. (the “Officer”).
AGREEMENT AND PLAN OF REORGANIZATION BETWEEN MONARCH BANK AND MONARCH FINANCIAL HOLDINGS, INC.Monarch Financial • June 6th, 2006 • Monarch Financial Holdings, Inc. • Virginia
This Agreement and Plan of Share Exchange (“Agreement”) is made and entered into as of March 15, 2006 by and between Monarch Bank, a Virginia state bank (the “Bank”), and Monarch Financial Holdings, Inc., a Virginia corporation (the “Corporation”).
Form of Consent Letter Agreement December 19, 2008Consent Letter Agreement • December 19th, 2008 • Monarch Financial Holdings, Inc. • State commercial banks
Monarch Financial Holdings, Inc. (the “Company”) anticipates entering into a Securities Purchase Agreement (the “Securities Purchase Agreement”), with the United States Department of Treasury (“Treasury”) that provides for the Company’s participation in the Treasury’s TARP Capital Purchase Program (the “CPP”). If the Company does not participate or ceases at any time to participate in the CPP, this letter shall be of no further force and effect.
AGREEMENT AND PLAN OF REORGANIZATION by and among TOWNEBANK, MONARCH FINANCIAL HOLDINGS, INC. and MONARCH BANK December 16, 2015Agreement and Plan of Reorganization • December 22nd, 2015 • Monarch Financial Holdings, Inc. • State commercial banks • Virginia
THIS AGREEMENT AND PLAN OF REORGANIZATION (the “Agreement”) is made and entered into as of December 16, 2015, by and among TowneBank, a Virginia banking corporation (“Buyer”), Monarch Financial Holdings, Inc., a Virginia corporation (“Holding Company”), and Monarch Bank, a Virginia banking corporation and wholly owned subsidiary of Holding Company (“Bank Subsidiary”).
Committed Line Of Credit Note PNCBANKMonarch Financial Holdings, Inc. • March 28th, 2013 • State commercial banks
SENIOR EXECUTIVE OFFICER WAIVERSecurities Purchase Agreement • December 19th, 2008 • Monarch Financial Holdings, Inc. • State commercial banks
Monarch Financial Holdings, Inc. (the “Company”) anticipates entering into a Securities Purchase Agreement (the “Securities Purchase Agreement”) with the United States Department of the Treasury (the “Treasury”) that provides for the Company’s participation in the Treasury’s TARP Capital Purchase Program (the “CPP”). If the Company does not participate or ceases at any time to participate in the CPP, this letter shall be of no further force and effect.
SUBSCRIPTION AGREEMENT For MONARCH FINANCIAL HOLDINGS, INC., A VIRGINIA CORPORATION COMMON STOCK, PAR VALUE $5.00Subscription Agreement • June 12th, 2008 • Monarch Financial Holdings, Inc. • State commercial banks • Virginia
This Subscription Agreement, dated May 30th, 2008, is made by and between Monarch Financial Holdings, Inc., a Virginia corporation (the “Company”) and the Subscriber listed in Annex A hereto (“Subscriber”) who is subscribing hereby for shares of Common Stock of the Company (“Common Stock” or “Shares”) distributed to a limited number of qualified persons in connection with the offering of such Shares (the “Offering”).
