Back to top

COMMUNITY CAPITAL BANCSHARES, INC. 2006 EMPLOYEE STOCK PURCHASE PLAN

Stock Option Agreement

COMMUNITY CAPITAL BANCSHARES, INC. 2006 EMPLOYEE STOCK PURCHASE PLAN | Document Parties: COMMUNITY CAPITAL BANCSHARES INC You are currently viewing:
This Stock Option Agreement involves

COMMUNITY CAPITAL BANCSHARES INC

. RealDealDocs™ contains millions of easily searchable legal documents and clauses from top law firms. Search for free - click here.
Title: COMMUNITY CAPITAL BANCSHARES, INC. 2006 EMPLOYEE STOCK PURCHASE PLAN
Governing Law: Georgia     Date: 4/14/2006
Industry: Regional Banks     Sector: Financial

COMMUNITY CAPITAL BANCSHARES, INC. 2006 EMPLOYEE STOCK PURCHASE PLAN, Parties: community capital bancshares inc
50 of the Top 250 law firms use our Products every day

 

Exhibit 10.20

 

 

 

 

 

 

 

 

 

 

 

 

COMMUNITY CAPITAL BANCSHARES, INC.

2006 EMPLOYEE STOCK PURCHASE PLAN

 

 

 

 

 

 

 

 

 

 

 

 

 

 


 

TABLE OF CONTENTS

 

Purpose

1

 

 

Definitions

1

 

 

Eligibility

2

 

 

Offering Periods

2

 

 

Participation

2

 

 

Method of Payment of Contributions

3

 

 

Matching Credits

3

 

 

Purchase of Shares

3

 

 

Delivery

3

 

 

Withdrawal

4

 

 

Interest

4

 

 

Stock

4

 

 

Administration

4

 

 

Designation of Beneficiary

5

 

 

Transferability

5

 

 

Use of Funds

5

 

 

Reports

5

 

 

Adjustments Upon Changes in Capitalization; Corporate Transactions

5

 

 


 

i


 

 

 

Amendment or Termination

6

 

 

Notices

6

 

 

Conditions Upon Issuance of Shares

6

 

 

Additional Restrictions of Rule 16b-3

7

 

 

No Contract

7

 

 

Waiver

7

 

 

Securities Law Restrictions

7

 

 

 

 

 

 

 

 

 

 


 

ii


 

 

COMMUNITY CAPITAL BANCSHARES, INC.

2006 EMPLOYEE STOCK PURCHASE PLAN

 

Community Capital Bancshares, Inc. (the “Company”) does hereby adopt the Community Capital Bancshares, Inc. 2006 Employee Stock Purchase Plan (the “Plan”), effective as of June 1, 2006. This Plan replaces the Community Capital Bancshares, Inc. Restated Employee Stock Purchase Plan, originally effective as of January 1, 2000, and terminated effective as of September 30, 2005 (the “Prior Plan”).

 

1.   Purpose . The purpose of the Plan is to provide eligible employees of the Designated Subsidiaries with an opportunity to purchase Common Stock so as to retain and attract key employees and to enable them to participate in the long-term success and growth of the Company by providing them with an opportunity to acquire a proprietary interest in the Company.

 

2.

Definitions .

 

         (a)      “ Board ” shall mean the Board of Directors of the Company.

 

(b)      “ Common Stock ” shall mean the common stock, $1.00 par value per share, of the Company.

 

(c)      “ Company ” shall mean Community Capital Bancshares, Inc., a bank holding company organized under the laws of the State of Georgia.

 

(d)      “ Compensation ” shall mean all regular wages, exclusive of bonuses, commissions and other forms of compensation paid on an irregular basis; except as the Company may otherwise determine from time to time pursuant to rules uniformly applied.

 

(e)      “ Contributions ” shall mean all amounts of a Participant’s Compensation credited to that Participant’s Plan account to be applied to the purchase of Common Stock.

 

(f)      “ Designated Subsidiaries ” shall mean the Subsidiaries which have been designated by the Board from time to time in its sole discretion as eligible to participate in the Plan.

 

(g)      “ Effective Date ” shall mean June 1, 2006.

 

(h)      “ Eligible Employee ” shall mean any Employee of a Designated Subsidiary who is customarily employed for at least twenty (20) hours per week by one or more Designated Subsidiaries.

 

(i)      “ Employee ” shall mean any employee treated as a common law employee of a Subsidiary.

 

(j)      “ Exercise Date ” shall mean the last business day of each Offering Period.

 

(k)      “ Offering Date ” shall mean the first business day of each Offering Period.

 

1


 

(l)      “ Offering Period ” shall mean the period from June 1, 2006 through June 30, 2006 and each calendar quarter thereafter until the Plan is suspended or terminated pursuant to paragraph 19.

 

(m)      “ Participant ” shall mean an Eligible Employee who has elected to participate in the Plan pursuant to paragraph 5.

 

(n)      “ Plan ” shall mean the Community Capital Bancshares, Inc. 2006 Employee Stock Purchase Plan.

 

(o)      “ Subsidiary ” means any corporation (other than the Company) in an unbroken chain of corporations beginning with the Company where each corporation other than the last corporation in the unbroken chain owning stock possessing fifty percent (50%) or more of the total combined voting power of all classes of stock in one of the other corporations in the chain, whether or not such corporation now exists or is hereafter organized or acquired by the Company.

 

3.       Eligibility . Any person who is employed as an Eligible Employee shall be eligible to participate in the Plan as of the Offering Period which first commences at least fifteen (15) days following his or her date of hire.

 

4.       Offering Periods . Participation in the Plan shall be implemented through a series of successive Offering Periods commencing with the Effective Date and continuing until the Plan is suspended or terminated in accordance with paragraph 19. The Board shall have the power to change the duration of Offering Periods by announcing any such change at least thirty (30) days prior to the scheduled beginning of the first Offering Period to be affected by such change.

 

5.

Participation .

 

(a)      An Eligible Employee may become a Participant by completing an enrollment form provided by the Company and filing it with the Company at least fifteen (15) calendar days prior to the applicable Offering Date, unless a later time for filing the enrollment form is set by the Board for all Eligible Employees with respect to a given offering. The enrollment form shall set forth either a specific dollar amount (which may be subject to a minimum amount per payroll period, as determined from time to time by the Company) or a percentage (which shall be not less than one percent (1%) and not more than fifteen percent (15%)) of the Participant’s Compensation that becomes payable during the Offering Period which is to be treated as Contributions.

 

(b)      A Participant who elects to participate in the Plan will be deemed to have elected to continue to participate in the Plan for successive Offering Periods until a voluntary withdrawal pursuant to paragraph 10; an involuntary withdrawal pursuant to paragraph 10; or the suspension or termination of the Plan pursuant to paragraph 19.

 

(c)      A Participant may not change the rate of Contributions during an Offering Period. However, a Participant may change the level of his or her contributions by filing a change of election form at least fifteen (15) days prior to the Offering Period for which the change is to be effective.

 

(d)      For the Offering Period commencing June 1, 2006, refunds attributable to rescinded purchases of Common Stock made under the Prior Plan shall be applied to the purchase of Common Stock as of the Exercise Date for that Offering Period unless an affected Participants otherwise advise the Company to refund such amounts in cash in accordance with administrative procedures communicated to such Participants.

 

2


 

 

6.

Method of Payment of Contributions .

 

(a)      All Contributions shall be made by payroll deductions and such Contributions shall be credited to the Participant’s account under the Plan. A Participant may not make any additional payments into such account.

 

(b)      With respect to each Offering Period as to which a Participant has elected to participate in the Plan, payroll deductions shall commence on the first payday following the Offering Date and shall end with the last payday on or prior to the Exercise Date, unless the Plan is suspended or terminated prior to the Exercise Date in accordance with paragraph 19.

 

7.       Matching Credits . The Company shall credit to each Participant’s account for an Offering Period a matching amount equal to thirty-three and one-third percent (33 1 / 3 %) of the Participant’s Contributions, but such matching credits shall be made only with respect to a Participant’s Contributions which do not exceed nine percent (9%) of the Participant’s Compensation for the Offering Period.

 

8.       Purchase of Shares .

 

(a)      A Participant’s option for the purchase of Common Stock will be exercised automatically as of the Exercise Date for an Offering Period. The accumulated Contributions, matching amounts and, if applicable, refund amounts described under paragraph 5(d) credited to a Participant’s account will be applied as soon as practicable after the Exercise Date to the purchase of the maximum number of whole shares of Common Stock at then prevailing prices, if the shares are purchased on the open market, or at then fair market value, if the shares are purchased from the Company. Any brokerage expenses incurred in the purchase of shares may, at the discretion of the Company, be included in the cost of shares to Participants. During his or her lifetime, a Participant’s option to purchase shares hereunder is exercisable only for the benefit of the Participant.

 

(b)      For purposes of this paragraph, the fair market value of a share of Common Stock shall be determined by the Company taking into account material facts and circumstances pertinent to such determination, as determined by the Company in its sole discretion.

 

(c)      The shares of Common Stock sold to Participants may be acquired on the open market or, at the election of the Board, acquired from the Company either from treasury shares or shares originally issued for such purpose.

 

9.       Delivery . The Company shall deliver to a custodian designated by the Company the shares of Common Stock purchased in connection with the exercise of the option. A Participant shall have no rights as a shareholder with respect to shares of Common Stock so purchased until the date of the certificate so issued. A Participant may elect at any time thereafter to have such shares of Common Stock delivered to the Participant or to an account established by the Participant with any brokerage firm. Any cash remaining to the credit of a Participant’s account under the Plan after a purchase


 
SITE SEARCH

AGREEMENTS / CONTRACTS

Document Title:

Entire Document: (optional)

Governing Law:(optional)


Try our advanced search >>
 

CLAUSES

Search Contract Clauses >>

Browse Contract Clause Library>>

Get Email Updates
Email:
This is only a partial view of this document. We have millions of legal documents and clauses drafted by top law firms. learn more search for free browse for free learn more