0001193125-12-349716 Sample Contracts

VOTING AND LOCK-UP AGREEMENT
Voting and Lock-Up Agreement • August 10th, 2012 • CMS Bancorp, Inc. • Savings institutions, not federally chartered • Pennsylvania

This VOTING AND LOCK-UP AGREEMENT (this “Agreement”) is made and entered into as of August , 2012 by and among Customers Bancorp, Inc., a Pennsylvania corporation (the “Customers”), and the person whose name appears on the signature page hereto as a Stockholder (the “Stockholder”) of the CMS Bancorp, Inc., a Delaware corporation (the “Company”). Capitalized terms used and not otherwise defined herein that are defined in the Merger Agreement (as defined below), shall have the respective meanings ascribed to them in the Merger Agreement.

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AGREEMENT AND PLAN OF MERGER DATED AS OF AUGUST 10, 2012 BY AND BETWEEN CMS BANCORP, INC. AND CUSTOMERS BANCORP, INC.
Agreement and Plan of Merger • August 10th, 2012 • CMS Bancorp, Inc. • Savings institutions, not federally chartered • Pennsylvania

This AGREEMENT AND PLAN OF MERGER, dated as of August 10, 2012 (this “Agreement”), is by and between CMS Bancorp, Inc. (“CMS”), a Delaware corporation, and Customers Bancorp, Inc. (“Customers”), a Pennsylvania corporation.

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