PURCHASE AND ASSUMPTION AGREEMENT WHOLE BANK ALL DEPOSITS AMONG FEDERAL DEPOSIT INSURANCE CORPORATION, RECEIVER OF BANKUNITED, FSB CORAL GABLES, FLORIDA FEDERAL DEPOSIT INSURANCE CORPORATION and BANKUNITED DATED AS OF MAY 21, 2009Purchase and Assumption Agreement • January 10th, 2011 • BankUnited, Inc. • Savings institution, federally chartered
THIS AGREEMENT, made and entered into as of the 21st day of May, 2009, by and among the FEDERAL DEPOSIT INSURANCE CORPORATION, RECEIVER of BANKUNITED, FSB, CORAL GABLES, FLORIDA (the “Receiver”), BANKUNITED, a de novo federal savings association organized under the laws of the United States of America, and having its principal place of business in Coral Gables, Florida (the “Assuming Bank”), 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”).
AMENDED AND RESTATED LIMITED LIABILITY COMPANY AGREEMENT OF BU FINANCIAL HOLDINGS LLC DATED AS OF May 21, 2009Limited Liability Company Agreement • January 10th, 2011 • BankUnited, Inc. • Savings institution, federally chartered • Delaware
This Amended and Restated Limited Liability Company Agreement of BU Financial Holdings LLC (the “Company”) is dated as of May 21, 2009, by and among the entities listed under the headings “WL Ross Members”, “Carlyle Members”, “Centerbridge Members” and “Blackstone Members” on Schedule A hereto (each, respectively, a “WL Ross Member,” “Carlyle Member,” “Centerbridge Member,” and “Blackstone Member” (which respective terms shall include their Affiliates who become members of the Company and are designated “Investor Members” after the date hereof in accordance with Section 3.9 of this Agreement) and, collectively, the “Investor Members,” which term shall also include such other Persons who become members of the Company and are designated “Investor Members” after the date hereof in accordance with Section 3.9 of this Agreement), John A. Kanas (“Kanas”), Rajinder P. Singh (“Singh”), John N. DiGiacomo (“DiGiacomo”) and John Bohlsen (“Bohlsen,” and collectively with Kanas, Singh and DiGiacomo
Amendment No. 1 to the BankUnited Single Family Shared-Loss Agreement (the “SFLSA”) with the FDICBankUnited, Inc. • January 10th, 2011 • Savings institution, federally chartered
This Amendment No. 1 (the “Amendment”) is made and effective as of November 2, 2010 (the “Effective Date”), and amends the SFLSA between BankUnited and the FDIC as follows:
Amendment No. 2 to the BankUnited Single Family Shared-Loss Agreement (as previously amended, the “SFLSA”) with the FDICBankUnited, Inc. • January 10th, 2011 • Savings institution, federally chartered
This Amendment No. 2 (the “Amendment”) is made and effective as of December 22, 2010 (the “Effective Date”), and amends the SFLSA between BankUnited and the FDIC as follows:
ADDENDUM TO PURCHASE AND ASSUMPTION AGREEMENTPurchase and Assumption Agreement • January 10th, 2011 • BankUnited, Inc. • Savings institution, federally chartered
This Addendum to the Purchase and Assumption Agreement (this “Addendum”), made and entered into as of the 21st day of May, 2009, by and among the FEDERAL DEPOSIT INSURANCE CORPORATION, RECEIVER OF BANKUNITED, FSB, CORAL GABLES, FLORIDA (the “Receiver”), BANKUNITED, a de novo federal savings association, organized under the laws of the United States, and having its principal place of business in Coral Gables, Florida (the “Assuming Bank”), and the FEDERAL DEPOSIT INSURANCE CORPORATION, organized under the laws of the United States of American and having its principal office in Washington, D.C., acting in its corporate capacity (the “Corporation” and together with the Receiver and the Assuming Bank, the “Parties”).
