AMENDED AND RESTATED CUSTOMER REFERRAL AND SUPPORT AGREEMENTCustomer Referral and Support Agreement • March 12th, 2004 • Enterprise Financial Services Corp • State commercial banks • Missouri
As used herein, “Change in Control of Enterprise” shall mean the happening of any of the following events: (i) the sale of all or substantially all of the assets of Enterprise or the Bank; (ii) any person or entity who is not a shareholder of Enterprise on the date this Agreement is executed becomes the beneficial owner, directly or indirectly, of securities representing more than 50% of the combined voting power of Enterprise’s then outstanding securities; (iii) any merger or consolidation involving Enterprise other than a merger or consolidation in which the outstanding capital stock of Enterprise immediately prior to the effectiveness of such merger or consolidation is converted into (or remains outstanding and constitutes) a majority of the voting common stock of the surviving or resulting entity; or (iv) any transaction pursuant to which a majority of the outstanding capital stock of Enterprise is acquired by a person or group pursuant to a tender offer or plan of acquisition or r
