Alabama National Bancorporation Sample Contracts

EXHIBIT 10.49 GUARANTEE AGREEMENT
Guarantee Agreement • March 20th, 2002 • Alabama National Bancorporation • State commercial banks • New York
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Non-Qualified Stock Option Agreement • March 22nd, 2001 • Alabama National Bancorporation • State commercial banks
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Pledge Agreement • May 17th, 1999 • Alabama National Bancorporation • State commercial banks • Alabama
DUE 2031
Indenture • March 20th, 2002 • Alabama National Bancorporation • State commercial banks • New York
GUARANTEE AGREEMENT The PB Financial Services Corporation Dated as of March 29, 2005
Guarantee Agreement • March 1st, 2007 • Alabama National Bancorporation • State commercial banks • New York

This GUARANTEE AGREEMENT (the “Guarantee”), dated as of March 29, 2005, is executed and delivered by The PB Financial Services Corporation, incorporated in Georgia (the “Guarantor”), and JPMorgan Chase Bank, National Association, 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 PB Capital Trust II, a Delaware statutory trust (the “Issuer”).

ALABAMA NATIONAL BANCORPORATION (a Delaware corporation) 850,000 Shares of Common Stock (Par Value $1.00 Per Share) PURCHASE AGREEMENT
Purchase Agreement • July 22nd, 2004 • Alabama National Bancorporation • State commercial banks • New York
EXHIBIT 2 --------- JOINT FILING AGREEMENT ---------------------- In accordance with Rule 13d-1(f) under the Securities Exchange Act of 1934, the persons named below agree to the joint filing on behalf of each of them of a Statement on Schedule 13G...
Joint Filing Agreement • March 13th, 2000 • Alabama National Bancorporation • State commercial banks

In accordance with Rule 13d-1(f) under the Securities Exchange Act of 1934, the persons named below agree to the joint filing on behalf of each of them of a Statement on Schedule 13G (including amendments thereto) with respect to the Common Stock of Russell Corporation and further agree that this Joint Filing Agreement be included as an Exhibit to such joint filings.

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Employment Agreement • March 31st, 1998 • Alabama National Bancorporation • State commercial banks
INDENTURE BY AND BETWEEN INDIAN RIVER BANKING COMPANY AND WELLS FARGO BANK, NATIONAL ASSOCIATION, AS TRUSTEE FLOATING RATE JUNIOR SUBORDINATED DEFERRABLE INTEREST DEBENTURES DUE NOVEMBER 7, 2032 EFFECTIVE AS OF SEPTEMBER 30, 2002
Indenture • March 12th, 2004 • Alabama National Bancorporation • State commercial banks • New York

THIS INDENTURE, effective as of September 30, 2002, between Indian River Banking Company, a Florida corporation (the “Company”) and Wells Fargo Bank, National Association, a national banking association with its principal place of business in the State of Delaware (the “Trustee”);

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Credit Agreement • March 31st, 1998 • Alabama National Bancorporation • State commercial banks • Alabama
FIRST AMENDMENT TO EMPLOYMENT CONTINUATION AGREEMENT
Employment Continuation Agreement • March 15th, 2006 • Alabama National Bancorporation • State commercial banks • Delaware

This FIRST AMENDMENT TO THE EMPLOYMENT CONTINUATION AGREEMENT (this “Amendment”), dated as of December 30, 2005, is made by ALABAMA NATIONAL BANCORPORATION, a Delaware corporation (the “Company”).

EXHIBIT 8.1
Alabama National Bancorporation • April 9th, 1998 • State commercial banks
July 23, 1998
Alabama National Bancorporation • July 24th, 1998 • State commercial banks
TRUST PREFERRED SECURITIES GUARANTEE AGREEMENT BY AND BETWEEN INDIAN RIVER BANKING COMPANY AND WELLS FARGO BANK, NATIONAL ASSOCIATION EFFECTIVE AS OF SEPTEMBER 30, 2002
Trust Preferred Securities Guarantee Agreement • March 12th, 2004 • Alabama National Bancorporation • State commercial banks • New York

THIS TRUST PREFERRED SECURITIES GUARANTEE AGREEMENT (this “Trust Preferred Securities Guarantee”), effective as of September 30, 2002, is executed and delivered by Indian River Banking Company, a Florida corporation (the “Guarantor”), and Wells Fargo Bank, National Association, as trustee (the “Trust Preferred Guarantee Trustee”), for the benefit of the Holders (as defined herein) from time to time of the Trust Preferred Securities (as defined herein) of Indian River Capital Trust I, a Delaware statutory business trust (the “Trust”).

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INDIAN RIVER CAPITAL TRUST I AMENDED AND RESTATED TRUST AGREEMENT AMONG INDIAN RIVER BANKING COMPANY, AS DEPOSITOR, WELLS FARGO BANK, NATIONAL ASSOCIATION, AS PROPERTY TRUSTEE, WELLS FARGO DELAWARE TRUST COMPANY, AS RESIDENT TRUSTEE, AND THE...
Trust Agreement • March 12th, 2004 • Alabama National Bancorporation • State commercial banks • Delaware

AMENDED AND RESTATED TRUST AGREEMENT, effective as of September 30, 2002, among (i) Indian River Banking Company, a Florida corporation (including any successors or assigns, the “Depositor”), (ii) Wells Fargo Bank, National Association, a national banking association with its principal place of business in the State of Delaware, as property trustee (the “Property Trustee” and, in its separate individual capacity and not in its capacity as Property Trustee, the “Bank”), (iii) Wells Fargo Delaware Trust Company with its principal place of business in the State of Delaware, as Resident Trustee (the “Resident Trustee,” and, in its separate individual capacity and not in its capacity as Resident Trustee, the “Delaware Bank”) (iv) Paul A. Beindorf, Diana L. Walker and Phillip L. Tasker, as administrative trustees (each an “Administrative Trustee” and together the “Administrative Trustees”) (the Property Trustee, the Resident Trustee and the Administrative Trustees referred to collectively as

GUARANTEE AGREEMENT Between THE PB FINANCIAL SERVICES CORPORATION as Guarantor, and WILMINGTON TRUST COMPANY as Guarantee Trustee, Dated as of December 20, 2002
Guarantee Agreement • March 1st, 2007 • Alabama National Bancorporation • State commercial banks • New York

THIS GUARANTEE AGREEMENT, dated as of December 20, 2002, is executed and delivered by THE PB FINANCIAL SERVICES CORPORATION, a Georgia corporation (the “Guarantor”), having its principal office at 9570 Medlock Bridge Road, Duluth, Georgia 30096, 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 PB CAPITAL TRUST I, a Delaware statutory trust (the “Issuer Trust”).

FIRST SUPPLEMENTAL INDENTURE
First Supplemental Indenture • March 1st, 2007 • Alabama National Bancorporation • State commercial banks • New York

THIS FIRST SUPPLEMENTAL INDENTURE dated as of September 29, 2006 is by and between JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, a national banking association (herein, together with its successors in interest, the “Trustee”) and ALABAMA NATIONAL BANCORPORATION, a Delaware corporation (the “Company”).

FIRST AMENDMENT TO NATIONAL BANK OF COMMERCE BUILDING AMENDED, RESTATED AND CONSOLIDATING LEASE
And Consolidating Lease • March 19th, 2003 • Alabama National Bancorporation • State commercial banks • Alabama

THIS FIRST AMENDMENT TO NATIONAL BANK OF COMMERCE BUILDING AMENDED, RESTATED AND CONSOLIDATING LEASE (this “Amendment”) is entered into as of the 31st day of December, 2001, by and between WOODWARD PROPERTIES, LLP, a limited liability partnership whose present address is P.O. Box 43327, Birmingham, Alabama 35243 (“Lessor”), and NATIONAL BANK OF COMMERCE OF BIRMINGHAM, a national banking association whose present address is P.O. Box 10686, Birmingham, Alabama 35202 (“Lessee”).

Letterhead of Maynard, Cooper & Gale, P.C.] July 12, 2006
Alabama National Bancorporation • July 12th, 2006 • State commercial banks
EIGHTH NOTE MODIFICATION AGREEMENT
Eighth Note Modification Agreement • April 4th, 2006 • Alabama National Bancorporation • State commercial banks • Alabama

THIS EIGHTH NOTE MODIFICATION AGREEMENT (“this Agreement”) dated as of April 3, 2006, is entered into by AMSOUTH BANK, an Alabama banking corporation (the “Lender”), and ALABAMA NATIONAL BANCORPORATION, a Delaware corporation (the “Borrower”).

FIRST AMENDMENT TO TRUST PREFERRED SECURITIES GUARANTEE AGREEMENT BY AND AMONG INDIAN RIVER BANKING COMPANY, WELLS FARGO BANK, NATIONAL ASSOCIATION, Trustee and ALABAMA NATIONAL BANCORPORATION Dated as of November 19, 2003 Trust Preferred Securities...
Guarantee Agreement • March 12th, 2004 • Alabama National Bancorporation • State commercial banks • New York

THIS FIRST AMENDMENT TO TRUST PREFERRED SECURITIES GUARANTEE AGREEMENT (this “Amendment”) is made as of this 19th day of November, 2003, by and among Indian River Banking Company, a Florida corporation (“IRBC” or, before the Effective Time, the “Guarantor”), as original guarantor, Alabama National BanCorporation, a Delaware corporation (“ANB” or, after the Effective Time, the “Guarantor”), as successor guarantor, and Wells Fargo Bank, National Association, a national banking association (the “Trustee”), as trustee.

FIRST SUPPLEMENTAL INDENTURE
First Supplemental Indenture • March 1st, 2007 • Alabama National Bancorporation • State commercial banks • New York

THIS FIRST SUPPLEMENTAL INDENTURE dated as of October 1, 2006 is by and between WILMINGTON TRUST COMPANY (herein, together with its successors in interest, the “Trustee”) and ALABAMA NATIONAL BANCORPORATION, a Delaware corporation (the “Company”).

Letterhead of Maynard, Cooper & Gale, P.C.] December 19, 2003
Alabama National Bancorporation • December 19th, 2003 • State commercial banks
FIFTH NOTE MODIFICATION AGREEMENT
Fifth Note Modification Agreement • August 12th, 2003 • Alabama National Bancorporation • State commercial banks • Alabama

THIS FIFTH NOTE MODIFICATION AGREEMENT dated as of May 31, 2003 (“this Agreement”), is entered into by AMSOUTH BANK, an Alabama banking corporation and formerly known as AmSouth Bank of Alabama (the “Lender”), and ALABAMA NATIONAL BANCORPORATION, a Delaware corporation (the “Borrower”).

SECOND AMENDMENT TO NATIONAL BANK OF COMMERCE BUILDING AMENDED, RESTATED AND CONSOLIDATING LEASE
And Consolidating Lease • March 19th, 2003 • Alabama National Bancorporation • State commercial banks • Alabama

THIS SECOND AMENDMENT TO NATIONAL BANK OF COMMERCE BUILDING AMENDED, RESTATED AND CONSOLIDATING LEASE (this “Amendment”) is entered into as of the 28th day of February, 2003, by and between WOODWARD PROPERTIES, LLP, a limited liability partnership whose present address is P.O. Box 43327, Birmingham, Alabama 35243 (“Lessor”), and NATIONAL BANK OF COMMERCE OF BIRMINGHAM, a national banking association whose present address is P.O. Box 10686, Birmingham, Alabama 35202 (“Lessee”).

AGREEMENT AND PLAN OF MERGER by and between INDIAN RIVER BANKING COMPANY and ALABAMA NATIONAL BANCORPORATION Dated as of October 22, 2003
Employment Agreement • October 23rd, 2003 • Alabama National Bancorporation • State commercial banks • Delaware

THIS AGREEMENT AND PLAN OF MERGER (this “Agreement”) is made and entered into as of October 22, 2003, by and between INDIAN RIVER BANKING COMPANY (“IRBC”), a corporation organized and existing under the laws of the State of Florida, with its principal office located in Vero Beach, Florida, and ALABAMA NATIONAL BANCORPORATION (“ANB”), a corporation organized and existing under the laws of the State of Delaware, with its principal office located in Birmingham, Alabama.

TENTH NOTE MODIFICATION AGREEMENT
Tenth Note Modification Agreement • March 6th, 2007 • Alabama National Bancorporation • State commercial banks • Alabama

THIS TENTH NOTE MODIFICATION AGREEMENT (“this Agreement”) dated as of March 2, 2007, is entered into by REGIONS BANK, an Alabama banking corporation as successor by merger to AmSouth Bank, an Alabama banking corporation (the “Lender”), and ALABAMA NATIONAL BANCORPORATION, a Delaware corporation (the “Borrower”).

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