0001053352-07-000032 Sample Contracts

AGREEMENT AND PLAN OF MERGER BY AND BETWEEN HERITAGE COMMERCE CORP HERITAGE BANK OF COMMERCE AND DiABLO VALLEY BANK dated as of February 8, 2007
Agreement and Plan of Merger • March 16th, 2007 • Heritage Commerce Corp • State commercial banks • California

This AGREEMENT AND PLAN OF MERGER (this “Agreement”) is made and entered into as of the 8th day of February, 2007, by and among HERITAGE COMMERCE CORP, a California corporation and bank holding company under the Bank Holding Company Act of 1956, as amended, with its principal offices in San Jose, California (“Heritage”), HERITAGE BANK OF COMMERCE, a California banking corporation with its principal offices in San Jose, California (“HBC”) and DIABLO VALLEY BANK, a California banking corporation with its principal offices in Danville, California (“Diablo”).

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