Michigan Commerce Bancorp LTD Sample Contracts

RIGHTS AGREEMENT Michigan Commerce Bancorp Limited and Mellon Investor Services LLC as Rights Agent Dated as of [____], 2009
Rights Agreement • August 5th, 2009 • Michigan Commerce Bancorp LTD • State commercial banks • New York

Rights Agreement, dated as of ___ __, 2009 (as amended, supplemented or otherwise modified from time to time, the “Rights Agreement”) between Michigan Commerce Bancorp Limited, a Michigan corporation (the “Company”), and Mellon Investor Services LLC, a New Jersey limited liability company (the “Rights Agent”).

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Contract
Tax Separation Agreement • August 27th, 2009 • Michigan Commerce Bancorp LTD • State commercial banks • Michigan
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MICHIGAN COMMERCE BANCORP LIMITED DIRECTOR/OFFICER INDEMNIFICATION AGREEMENT Effective Date: ____, 2009
Officer Indemnification Agreement • August 27th, 2009 • Michigan Commerce Bancorp LTD • State commercial banks • Michigan

This Indemnification Agreement (this “Agreement”) is made as of the Effective Date set forth above, between Michigan Commerce Bancorp Limited, a Michigan corporation (the “Company”), whose address is Capitol Bancorp Center, 222 Washington Square North, Suite One, Lansing, MI 48933, and [Insert Name] (the “Indemnitee”), whose address is [Insert Address].

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Separation Agreement and Plan of Distribution between: Capitol Bancorp Ltd., a Michigan corporation; and Michigan Commerce Bancorp Limited, a Michigan corporation. Dated as of ___________, 2009
Separation Agreement • August 27th, 2009 • Michigan Commerce Bancorp LTD • State commercial banks • Michigan

THIS SEPARATION AGREEMENT AND PLAN OF DISTRIBUTION (this “Agreement”), dated as of __________, 2009, by and between Capital Bancorp, Ltd., a Michigan corporation (“Parent”), and Michigan Commerce Bancorp Limited, a Michigan corporation (“Spinco” and together with Parent, the “Parties”, and each individually, a “Party”).

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Contract
Guarantee Agreement • August 27th, 2009 • Michigan Commerce Bancorp LTD • State commercial banks • New York
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TERRITORY NUMBER MARK CLASS
Transitional Trademark License Agreement • August 5th, 2009 • Michigan Commerce Bancorp LTD • State commercial banks • Michigan
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EMPLOYEE MATTERS AGREEMENT by and between Capitol Bancorp Ltd. and Michigan Commerce Bancorp Limited Dated _________, 2009
Employee Matters Agreement • August 27th, 2009 • Michigan Commerce Bancorp LTD • State commercial banks • Michigan

THIS EMPLOYEE MATTERS AGREEMENT (the “Agreement”) is entered into ____________, 2009, by and between Capitol Bancorp Ltd., a Michigan corporation (“Parent”), and Michigan Commerce Bancorp Limited, a Michigan corporation (“Spinco”) (each a “Party” and together the “Parties”), to be effective as of the Distribution Date (as defined below).

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ADMINISTRATIVE AND TECHNOLOGY SERVICES AGREEMENT by and between Capitol Bancorp Ltd. and Michigan Commerce Bancorp Limited
Administrative and Technology Services Agreement • August 5th, 2009 • Michigan Commerce Bancorp LTD • State commercial banks • Michigan

THIS ADMINISTRATIVE AND TECHNOLOGY SERVICES AGREEMENT (“Agreement”) is made and entered into as of _______, 2009 (the “Effective Date”) by and between CAPITOL BANCORP LTD., a Michigan corporation (together with its affiliated companies, “Capitol”), and MICHIGAN COMMERCE BANCORP LIMITED, a Michigan corporation (together with is affiliated companies, “MCBL”). MCBL and Capitol are each individually referred to herein as a “Party,” and collectively, as the “Parties.”

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Form of Employment Agreement
Form of Employment Agreement • August 5th, 2009 • Michigan Commerce Bancorp LTD • State commercial banks • Michigan

THIS EMPLOYMENT AGREEMENT (this “Agreement”) is made effective as of the ____ day of ________, 2009 (the “Effective Date”), by and between Michigan Commerce Bancorp Limited, a Michigan corporation (the “Company”) and [_________________] (the “Executive”).

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EMPLOYEE MATTERS AGREEMENT by and between Capitol Bancorp Ltd. and Michigan Commerce Bancorp Limited Dated _________, 2009
Employee Matters Agreement • August 5th, 2009 • Michigan Commerce Bancorp LTD • State commercial banks • Michigan

THIS EMPLOYEE MATTERS AGREEMENT (the “Agreement”) is entered into ____________, 2009, by and between Capitol Bancorp Ltd., a Michigan corporation (“Parent”), and Michigan Commerce Bancorp Limited, a Michigan corporation (“Spinco”) (each a “Party” and together the “Parties”), to be effective as of the Distribution Date (as defined below).

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TRANSITION SERVICES AGREEMENT by and between Capitol Bancorp Ltd. and Michigan Commerce Bancorp Limited Dated as of _______ ___, 2009
Transition Services Agreement • August 5th, 2009 • Michigan Commerce Bancorp LTD • State commercial banks • Michigan

THIS TRANSITION SERVICES AGREEMENT (this “Agreement”), dated as of _____________, 2009, by and between CAPITOL BANCORP LTD., a Michigan corporation (“Capitol”), and MICHIGAN COMMERCE BANCORP LIMITED, a Michigan corporation (“MCBL”) and together with Capitol, the “Parties”, and each individually, a “Party”. Capitalized terms used but not defined herein shall have the meaning ascribed to them in the Separation Agreement (as defined below).

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Loan Agreement
Loan Agreement • August 5th, 2009 • Michigan Commerce Bancorp LTD • State commercial banks • Michigan

THIS LOAN AGREEMENT (this “Agreement”) is made as of the ___ day of ________ 2009, by and between CAPITOL BANCORP LTD. (“Lender”), a Michigan corporation, and MICHIGAN COMMERCE BANCORP LIMITED (“Borrower”), a Michigan corporation.

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