GUARANTEE AGREEMENT by and between ALLIANCE CAPITAL PARTNERS, L.P. and STATE STREET BANK AND TRUST COMPANY OF CONNECTICUT, NATIONAL ASSOCIATION Dated as of July 31, 2001Guarantee Agreement • January 10th, 2011 • EverBank Financial Corp • Savings institution, federally chartered • New York
This GUARANTEE AGREEMENT (the “Guarantee”), dated as of July 31, 2001, is executed and delivered by Alliance Capital Partners, L.P., a Delaware limited partnership (the “Guarantor”), and State Street Bank and Trust Company of Connecticut, National Association, a national banking association, organized under the laws of the United States of America, 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 Alliance Capital Partners Statutory Trust I, a Connecticut statutory trust (the “Issuer”).
PURCHASE AND ASSUMPTION AGREEMENT WHOLE BANK ALL DEPOSITS AMONG FEDERAL DEPOSIT INSURANCE CORPORATION, RECEIVER OF BANK OF FLORIDA — SOUTHEAST, FORT LAUDERDALE, FLORIDA FEDERAL DEPOSIT INSURANCE CORPORATION and EVERBANK DATED AS OF MAY 28, 2010Purchase and Assumption Agreement • January 10th, 2011 • EverBank Financial Corp • Savings institution, federally chartered
THIS AGREEMENT, made and entered into as of the 28th day of May, 2010, by and among the FEDERAL DEPOSIT INSURANCE CORPORATION, RECEIVER OF BANK OF FLORIDA — SOUTHEAST, FORT LAUDERDALE, FLORIDA (the “Receiver”), EVERBANK, organized under the laws of the United States of America, and having its principal place of business in JACKSONVILLE, FLORIDA (the “Assuming Institution”), and the FEDERAL DEPOSIT INSURANCE CORPORATION, organized under the laws of the United States of America and having its principal office in Washington, D.C., acting in its corporate capacity (the “Corporation”).
GUARANTEE AGREEMENT EVERBANK FINANCIAL CORP Dated as of September 28, 2005Guarantee Agreement • January 10th, 2011 • EverBank Financial Corp • Savings institution, federally chartered • New York
This GUARANTEE AGREEMENT (the “Guarantee”), dated as of September 28, 2005, is executed and delivered by EverBank Financial Corp, a savings and loan holding company incorporated in the State of Florida (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 EverBank Financial Preferred Trust VI, a Delaware statutory trust (the “Issuer”).
GUARANTEE AGREEMENT EVERBANK FINANCIAL CORP Dated as of December 14, 2006Guarantee Agreement • January 10th, 2011 • EverBank Financial Corp • Savings institution, federally chartered • New York
This GUARANTEE AGREEMENT (the “Guarantee”), dated as of December 14, 2006, is executed and delivered by EverBank Financial Corp, incorporated in Florida (the “Guarantor”), and Wells Fargo Bank, National Association, a national banking association with its principal place of business in the State of Delaware, 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 EverBank Financial Preferred Trust VII, a Delaware statutory trust (the “Issuer”).
LEASE AGREEMENT BETWEEN RIVERSIDE AVENUE PARTNERS, LTD., AS LANDLORD, AND EVERBANK, AS TENANT DATED March 26, 2007Lease Agreement • January 10th, 2011 • EverBank Financial Corp • Savings institution, federally chartered • Florida
This Lease Agreement (this “Lease”) is entered into as of this 26th day of March, 2007, by and between RIVERSIDE AVENUE PARTNERS, LTD., a Florida limited partnership, (“Landlord”), and EVERBANK, a federal savings bank organized under the laws of the United States of America (“Tenant”).
GUARANTEE AGREEMENT EVERBANK FINANCIAL CORP Dated as of June 25, 2007Guarantee Agreement • January 10th, 2011 • EverBank Financial Corp • Savings institution, federally chartered • New York
This GUARANTEE AGREEMENT (the “Guarantee”), dated as of June 25, 2007, is executed and delivered by EverBank Financial Corp, incorporated in Florida (the “Guarantor”), and Wells Fargo Bank, National Association, a national banking association with its principal place of business in the State of Delaware, 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 EverBank Financial Preferred Trust X, a Delaware statutory trust (the “Issuer”).
GUARANTEE AGREEMENT EVERBANK FINANCIAL CORP Dated as of May 25, 2005Guarantee Agreement • January 10th, 2011 • EverBank Financial Corp • Savings institution, federally chartered • New York
This GUARANTEE AGREEMENT (the “Guarantee”), dated as of May 25, 2005, is executed and delivered by EverBank Financial Corp, a savings and loan holding company incorporated in the State of Florida (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 EverBank Financial Preferred Trust V, a Delaware statutory trust (the “Issuer”).
AMENDED AND RESTATED TRANSFER RESTRICTION AND VOTING AGREEMENTTransfer Restriction and Voting Agreement • January 10th, 2011 • EverBank Financial Corp • Savings institution, federally chartered • Delaware
WHEREAS, simultaneously with the execution and delivery of this Agreement, Arena and Lovett Miller are purchasing common units of limited partnership interest in the Partnership (“Units”) pursuant to the Securities Purchase Agreement, dated as of the date hereof, by and among the Partnership, Arena and Lovett Miller (the “2002 Purchase Agreement”); and
FIRST AMENDMENT TO THE AMENDED AND RESTATED REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • January 10th, 2011 • EverBank Financial Corp • Savings institution, federally chartered
THIS FIRST AMENDMENT (the “Amendment”) to the Agreement (as defined below) is entered into this 21st day of July, 2008, by and among EverBank Financial Corp., a Florida corporation (formerly Alliance Capital Partners, L.P.) (the “Company”) and the persons listed on Schedule 1 to the Agreement (the “Investors”).
AMENDED AND RESTATED REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • January 10th, 2011 • EverBank Financial Corp • Savings institution, federally chartered • New York
AMENDED AND RESTATED REGISTRATION RIGHTS AGREEMENT, dated as of November 22, 2002 by and among ALLIANCE CAPITAL PARTNERS, L.P., a Delaware limited partnership (the “Partnership”), and the persons listed on Schedule 1 to this Agreement (the “Investors”).
TRANSFER AND GOVERNANCE AGREEMENTTransfer and Governance Agreement • January 10th, 2011 • EverBank Financial Corp • Savings institution, federally chartered • New York
THIS TRANSFER AND GOVERNANCE AGREEMENT (this “Agreement”) is dated as of July 21, 2008, by and among EVERBANK FINANCIAL CORP, a Florida corporation (the “Company”), and SAGEVIEW PARTNERS L.P., a Delaware limited partnership (the “Investor”):
ADVANCES AND SECURITY AGREEMENTAdvances and Security Agreement • January 10th, 2011 • EverBank Financial Corp • Savings institution, federally chartered • Georgia
This ADVANCES AND SECURITY AGREEMENT (this “Agreement”), dated as of the earlier of the date of execution by the Bank (as hereinafter defined) and April 15, 2005, is entered into between EverBank, a federal savings bank organized under the laws of the United States of America and located in the state of Florida, having its principal place of business at 8100 Nations Way, Jacksonville, FL 32256-6177 (the “Borrower”) and the Federal Home Loan Bank of Atlanta, a corporation organized and existing under the laws of the United States, having its principal office at 1475 Peachtree Street, N.E., Atlanta, Georgia 30309 (the “Bank”).
