Agreement and Plan of Merger As Amended and Restated By and Among 1st Financial Services Corporation Mountain 1st Bank & Trust Company and First-Citizens Bank & Trust Company Effective as of August 28, 2013Agreement and Plan • October 15th, 2013 • 1st Financial Services CORP • State commercial banks • North Carolina
Page 2.01. Nature of Transaction 6 2.02. Effect of Merger; Surviving Corporation 6 2.03. Assets and Liabilities of 1st Financial and Mountain 1st 6 2.04. Conversion and Exchange of Stock 7 (a) Conversion of 1st Financial Stock and Stock Rights 7 (b) Cancellation of Mountain 1st Stock 7 (c) Treatment of 1st Financial Stock Options 8 (d) Exchange and Payment Procedures; Surrender of Certificates 8 (e) Lost Certificates 9 (f) Antidilutive Adjustments 10 (g) Dissenters 10 2.05. Articles of Incorporation, Bylaws, and Management 10 2.06. Closing; Effective Time 10
SECURITIES PURCHASE AGREEMENT by and among THE UNITED STATES DEPARTMENT OF THE TREASURY, FIRST-CITIZENS BANK & TRUST COMPANY and 1ST FINANCIAL SERVICES CORPORATION Dated as of October 15, 2013Securities Purchase Agreement • October 15th, 2013 • 1st Financial Services CORP • State commercial banks • New York
THIS SECURITIES PURCHASE AGREEMENT (as amended, supplemented or otherwise modified from time to time, this “Agreement”) is dated as of October 15, 2013, by and among the United States Department of the Treasury (the “Seller”), First-Citizens Bank & Trust Company, a state-chartered bank organized under the laws of the State of North Carolina (the “Purchaser”) and 1st Financial Services Corporation, a North Carolina corporation (the “Company”).
AMENDMENT AND ACKNOWLEDGEMENT AGREEMENTAmendment and Acknowledgement • October 15th, 2013 • 1st Financial Services CORP • State commercial banks
1st Financial Services Corporation (the “Company”), Mountain 1st Bank & Trust Company (the “Bank”) and Peggy H. Denny (the “Employee”) agree as follows:
