Common use of Release of Certain Claims Clause in Contracts

Release of Certain Claims. (a) The undersigned hereby releases and forever discharges, effective upon the consummation of the Merger pursuant to the Merger Agreement, Seller and Seller Bank, and each of their respective directors and officers (in their capacities as such), and their respective successors and assigns, and each of them (hereinafter, individually and collectively, the “Released Parties”) of and from any and all liabilities, claims, demands, debts, accounts, covenants, agreements, obligations, costs, expenses, actions or causes of action of every nature, character, or description (collectively, “Claims”), which the undersigned, solely in his or her capacity as an officer, director, or employee of Seller or Seller Bank has or claims to have, or previously had or claimed to have, in each case as of the Effective Time, against any of the Released Parties, whether or not in law, equity or otherwise, based in whole or in part on any facts, conduct, activities, transactions, events, or occurrences known or unknown, matured or unmatured, contingent or otherwise (individually a “Released Claim,” and collectively, the “Released Claims”), except for (i) compensation for services that have accrued but have not yet been paid in the ordinary course of business consistent with past practice, unpaid reimbursable expenses, or other contract rights relating to severance, employment, stock options, and restricted stock grants which have been disclosed in writing to Buyer on or prior to the date of the Merger Agreement, and (ii) the items listed in Section 4.9(b) below. (b) For avoidance of doubt, the parties acknowledge and agree that the Released Claims do not include any of the following: (i) any Claims that the undersigned may have in any capacity other than as an officer, director, or employee of Seller or Seller Bank, including, but not limited to, (A) Claims as a borrower under loan commitments and agreements between the undersigned and Seller Bank, (B) Claims as a depositor under any deposit account with Seller Bank, (C) Claims as the holder of any Certificate of Deposit issued by Seller Bank, (D) Claims on account of any services rendered by the undersigned in a capacity other than as an officer, director, or employee of any Seller or Seller Bank; and (E) Claims as a holder of any check issued by any other depositor of Seller Bank; (ii) the Claims excluded in Section 4.9(a)(i) above; (iii) any Claims that the undersigned may have under the Merger Agreement; or (iv) any right to indemnification that the undersigned may have under the articles of incorporation or bylaws of Seller or Seller Bank, under Tennessee law or the Merger Agreement;

Release of Certain Claims. (a) The undersigned hereby releases and forever discharges, effective upon the consummation of the Merger pursuant to under the Merger Agreement, Seller and Seller Bankeach Company Entity, and each of their its respective directors and officers (in their capacities as such), and their respective successors and assigns, and each of them (hereinafter, individually and collectively, the “Released Parties”) of and from any and all liabilities, claims, demands, debts, accounts, covenants, agreements, obligations, costs, expenses, actions or causes of action of every nature, character, character or description (collectively, “Claims”), which the undersigned, solely in his or her capacity as an officer, director, director or employee of Seller or Seller Bank any Company Entity, has or claims to have, or previously had or claimed to have, in each case as of the Effective Time, against any of the Released Parties, whether or not in law, equity or otherwise, based in whole or in part on any facts, conduct, activities, transactions, events, events or occurrences known or unknown, matured or unmatured, contingent or otherwise (individually a “Released Claim,” and collectively, the “Released Claims”), except for (i) compensation for services that have accrued but have not yet been paid in the ordinary course of business consistent with past practice, unpaid reimbursable expenses, practice or other contract rights relating to severance, employment, stock options, options and restricted stock grants which have been disclosed in writing to Buyer CenterState on or prior to the date of the Merger Agreement, and (ii) the items listed in Section 4.9(b2(b) below. (b) For avoidance of doubt, the parties acknowledge and agree that the Released Claims do not include any of the following: (i) any Claims that the undersigned may have in any capacity other than as an officer, director, director or employee of Seller or Seller Bankany Company Entity, including, but not limited to, (A) Claims as a borrower under loan commitments and agreements between the undersigned and Seller Bankany Company Entity, (B) Claims as a depositor under any deposit account with Seller Bankany Company Entity, (C) Claims as the holder of any Certificate of Deposit issued by Seller Bankany Company Entity, (D) Claims on account of any services rendered by the undersigned in a capacity other than as an officer, director, director or employee of any Seller Company Entity; (E) Claims in his or Seller Bankher capacity of a shareholder of Company; and (EF) Claims as a holder of any check issued by any other depositor of Seller Bankany Company Entity; (ii) the Claims excluded in (i) and (ii) of Section 4.9(a)(i2(a) above; (iii) any Claims that the undersigned may have under the Merger Agreement; or; (iv) any right to indemnification that the undersigned may have under the articles of incorporation or bylaws of Seller or Seller Bankany Company Entity, under Tennessee law or the Merger Agreement;; or (v) any rights or Claims listed on Schedule I to this Agreement.

Release of Certain Claims. (a) The undersigned hereby releases and forever discharges, effective upon the consummation of the Merger pursuant to under the Merger Agreement, Seller and Seller Bankeach Charter Entity, and each of their its respective directors and officers (in their capacities as such), and their respective successors and assigns, and each of them (hereinafter, individually and collectively, the “Released Parties”) of and from any and all liabilities, claims, demands, debts, accounts, covenants, agreements, obligations, costs, expenses, actions or causes of action of every nature, character, character or description (collectively, “Claims”), which the undersigned, solely in his or her capacity as an officer, director, director or employee of Seller or Seller Bank any Charter Entity, has or claims to have, or previously had or claimed to have, in each case as of the Effective Time, against any of the Released Parties, whether or not in law, equity or otherwise, based in whole or in part on any facts, conduct, activities, transactions, events, events or occurrences known or unknown, matured or unmatured, contingent or otherwise (individually individually, a “Released Claim,” and collectively, the “Released Claims”), except for (i) compensation for services that have accrued but have not yet been paid in the ordinary course of business consistent with past practice, unpaid reimbursable expenses, practice or other contract rights relating to severance, employment, stock options, options and restricted stock grants which have been disclosed in writing to Buyer CenterState on or prior to the date of the Merger Agreement, and (ii) the items listed in Section 4.9(b2(b) below. (b) For avoidance of doubt, the parties acknowledge and agree that the Released Claims do not include any of the following: (i) any Claims that the undersigned may have in any capacity other than as an officer, director, director or employee of Seller or Seller Bankany Charter Entity, including, but not limited to, (A) Claims as a borrower under loan commitments and agreements between the undersigned and Seller Bankany Charter Entity, (B) Claims as a depositor under any deposit account with Seller Bankany Charter Entity, (C) Claims as the holder of any Certificate certificate of Deposit deposit issued by Seller Bankany Charter Entity, (D) Claims on account of any services rendered by the undersigned in a capacity other than as an officer, director, director or employee of any Seller Charter Entity, (E) Claims in his or Seller Bank; her capacity of a stockholder of Charter, and (EF) Claims as a holder of any check issued by any other depositor of Seller Bankany Charter Entity; (ii) the Claims excluded in (i) and (ii) of Section 4.9(a)(i2(a) above; (iii) any Claims that the undersigned may have under the Merger Agreement; or; (iv) any right to indemnification that Claims that, under applicable law, the undersigned may have under the articles of incorporation or bylaws of Seller or Seller Bank, under Tennessee law or the Merger Agreementcannot hereby release and discharge;

Release of Certain Claims. (a) The undersigned hereby waives, releases and forever discharges, subject to and effective upon the consummation of the Merger pursuant to under the Merger Agreement, Seller and Seller Bankeach NCC Entity, and each of their its respective directors and officers (in their capacities as such), and their respective successors and assigns, and each of them (hereinafter, individually and collectively, the “Released Parties”) of and from any and all liabilities, claims, demands, debts, accounts, covenants, agreements, obligations, costs, expenses, actions or actions, causes of action or other rights of every nature, character, character or description (collectively, “Claims”), which the undersigned, solely in his or her capacity as an officer, director, director or employee of Seller or Seller Bank any NCC Entity, has or claims to have, or previously had or claimed to have, in each case as of the Effective Time, against any of the Released Parties, whether or not in law, equity or otherwise, based in whole or in part on any facts, conduct, activities, transactions, events, events or occurrences occurring prior to the Effective Time, whether known or unknown, matured or unmatured, contingent or otherwise (individually individually, a “Released Claim,” and collectively, the “Released Claims”), except for (i) Claims for compensation for services that have accrued but have not yet been paid in the ordinary course of business consistent with past practice, unpaid reimbursable expenses, practice or other contract rights relating to severance, employment, stock options, and restricted stock grants which that have been disclosed in writing to Buyer CenterState on or prior to the date of the Merger Agreement or that are provided for in, contemplated under or permitted by the Merger Agreement, (ii) Claims relating to severance, employment, change in control, the National Commerce Corporation Deferral of Compensation Plan, NCC Equity Awards or NCC Warrants which have been disclosed in writing to CenterState on or prior to the date of the Merger Agreement or which result from a written agreement between the undersigned and CenterState or any of its subsidiaries, and (iiiii) the items listed in Section 4.9(b2(b) below. (b) For avoidance of doubt, the parties acknowledge and agree that the Released Claims do not include include, without limitation, any of the following: (i) any Claims that the undersigned has or may have in any capacity other than as an officer, director, director or employee of Seller or Seller Bankany NCC Entity, including, but not limited to, (A) Claims as a borrower under loan commitments and agreements between the undersigned and Seller Bankany NCC Entity, (B) Claims as a depositor under any deposit account with Seller Bankany NCC Entity, (C) Claims as the holder of any Certificate certificate of Deposit deposit issued by Seller Bankany NCC Entity, (D) Claims on account of any services rendered by the undersigned in a capacity other than as an officer, director, director or employee of any Seller NCC Entity, (E) Claims in his or Seller Bank; her capacity of a stockholder of NCC, and (EF) Claims as a holder of any check issued by any other depositor of Seller Bankany NCC Entity; (ii) the Claims excluded in (i), (ii) or (iii) of Section 4.9(a)(i2(a) above; (iii) any Claims that the undersigned has or may have under the Merger Agreement; or; (iv) any right to indemnification that Claims that, under applicable law, the undersigned may have under the articles of incorporation or bylaws of Seller or Seller Bank, under Tennessee law or the Merger Agreementcannot hereby release and discharge;

Release of Certain Claims. (a) The undersigned hereby releases and forever discharges, effective upon the consummation of the Merger pursuant to the Merger Agreement, Seller and Seller Bankeach HCBF Entity, and each of their respective directors and officers (in their capacities as such), and their respective successors and assigns, and each of them (hereinafter, individually and collectively, the “Released Parties”) of and from any and all liabilities, claims, demands, debts, accounts, covenants, agreements, obligations, costs, expenses, actions or causes of action of every nature, character, character or description (collectively, “Claims”), which the undersigned, solely in his or her capacity as an officer, director, director or employee of Seller or Seller Bank any HCBF Entity has or claims to have, or previously had or claimed to have, in each case as of the Effective Time, against any of the Released Parties, whether or not in law, equity or otherwise, based in whole or in part on any facts, conduct, activities, transactions, events, events or occurrences known or unknown, matured or unmatured, contingent or otherwise (individually a “Released Claim,” and collectively, the “Released Claims”), except for (i) compensation for services that have accrued but have not yet been paid in the ordinary course of business consistent with past practice, unpaid reimbursable expenses, practice or other contract rights relating to severance, employment, stock options, options and restricted stock grants which have been disclosed in writing to Buyer CenterState on or prior to the date of the Merger Agreement, and (ii) the items listed in Section 4.9(b2(b) below. (b) For avoidance of doubt, the parties acknowledge and agree that the Released Claims do not include any of the following: (i) any Claims that the undersigned may have in any capacity other than as an officer, director, or employee of Seller or Seller Bank, including, but not limited to, (A) Claims as a borrower under loan commitments and agreements between the undersigned and Seller Bank, (B) Claims as a depositor under any deposit account with Seller Bank, (C) Claims as the holder of any Certificate of Deposit issued by Seller Bank, (D) Claims on account of any services rendered by the undersigned in a capacity other than as an officer, director, or employee of any Seller or Seller Bank; and (E) Claims as a holder of any check issued by any other depositor of Seller Bank; (ii) the Claims excluded in Section 4.9(a)(i) above; (iii) any Claims that the undersigned may have under the Merger Agreement; or (iv) any right to indemnification that the undersigned may have under the articles of incorporation or bylaws of Seller or Seller Bank, under Tennessee law or the Merger Agreement;

Release of Certain Claims. (a) The undersigned hereby releases and forever discharges, effective upon the consummation of the Merger pursuant to the Merger Agreement, Seller and Seller Bankeach SWGB Entity, and each of their respective directors and officers (in their capacities as such), and their respective successors and assigns, and each of them (hereinafter, individually and collectively, the “Released Parties”) of and from any and all liabilities, claims, demands, debts, accounts, covenants, agreements, obligations, costs, expenses, actions or causes of action of every nature, character, character or description (collectively, “Claims”), which the undersigned, solely in his or her capacity as an officer, director, director or employee of Seller or Seller Bank any SWGB Entity has or claims to have, or previously had or claimed to have, in each case as of the Effective Time, against any of the Released Parties, whether or not in law, equity or otherwise, based in whole or in part on any facts, conduct, activities, transactions, events, events or occurrences known or unknown, matured or unmatured, contingent or otherwise (individually a “Released Claim,” and collectively, the “Released Claims”), except for (i) compensation and related benefits for services that have accrued but have not yet been paid in the ordinary course of business consistent with past practice, unpaid reimbursable expenses, practice or other contract rights relating to severance, employment, stock options, options and restricted stock grants which have been disclosed in writing to Buyer FBMS on or prior to the date of the Merger Agreement, and (ii) the items listed in Section 4.9(b2(b) below. (b) For avoidance of doubt, the parties acknowledge and agree that the Released Claims do not include any of the following: (i) any Claims that the undersigned may have in any capacity other than as an officer, director, director or employee of Seller or Seller Bankany SWGB Entity, including, but not limited to, (A) Claims as a borrower under loan commitments and agreements between the undersigned and Seller Southwest Georgia Bank, (B) Claims as a depositor under any deposit account with Seller Southwest Georgia Bank, (C) Claims as the holder of any Certificate of Deposit issued by Seller Southwest Georgia Bank, (D) Claims on account of any services rendered by the undersigned in a capacity other than as an officer, director, director or employee of any Seller SWGB Entity; (E) Claims in his or Seller Bank; her capacity as a shareholder of SWGB, and (EF) Claims as a holder of any check issued by any other depositor of Seller Southwest Georgia Bank; (ii) the Claims excluded in Section 4.9(a)(i2(a)(i) above; (iii) any Claims that the undersigned may have under the Merger Agreement; or; (iv) any right to indemnification that the undersigned may have under the articles of incorporation or bylaws of Seller or Seller Bankany SWGB Entity, under Tennessee Georgia law or the Merger Agreement; (v) any Claims that are (A) based upon facts and circumstances arising after the date hereof and prior to the Closing Date, and (B) have been asserted in writing to SWGB and FBMS prior to the Closing Date; (vi) any rights or Claims listed on Schedule I to this Agreement; (vii) any Claims to vested benefits that the undersigned is already entitled to receive under the benefit plans of any SWGB Entity; (viii) any rights that the undersigned has to benefits under workers’ compensation or unemployment laws or under the Consolidated Omnibus Budget Reconciliation Act of 1985; (ix) any rights under contracts or written agreements between the undersigned and any SWGB Entity; or (x) any rights to liability coverage and/or costs of defense pursuant to liability insurance for acts and omissions occurring during the undersigned’s relationship with any SWGB Entity (including but not limited to any Directors & Officers insurance or general liability insurance).

Release of Certain Claims. (a) The undersigned hereby releases and forever discharges, effective upon the consummation of the Merger pursuant to the Merger Agreement, Seller and Seller Bankeach SCB Entity, and each of their respective directors and officers (in their capacities as such), and their respective successors and assigns, and each of them (hereinafter, individually and collectively, the “Released Parties”) of and from any and all liabilities, claims, demands, debts, accounts, covenants, agreements, obligations, costs, expenses, actions actions, or causes of action of every nature, character, or description (collectively, “Claims”), which the undersigned, solely in his or her capacity as an officer, director, or employee of Seller or Seller Bank any SCB Entity has or claims to have, or previously had or claimed to have, in each case as of the Effective Time, against any of the Released Parties, whether or not in law, equity or otherwise, based in whole or in part on any facts, conduct, activities, transactions, events, or occurrences known or unknown, matured or unmatured, contingent or otherwise (individually a “Released Claim,” and collectively, the “Released Claims”), except for (i) compensation for services that have accrued but have not yet been paid in the ordinary course of business consistent with past practice, unpaid reimbursable expenses, practice or other contract rights relating to severance, employment, stock options, and restricted stock grants which have been disclosed in writing to Buyer SMBK on or prior to the date of the Merger Agreement, and (ii) the items listed in Section 4.9(b2(b) below. (b) For avoidance of doubt, the parties acknowledge and agree that the Released Claims do not include any of the following: (i) any Claims that the undersigned may have in any capacity other than as an officer, director, or employee of Seller or Seller Bankany SCB Entity, including, but not limited to, (A) Claims as a borrower under loan commitments and agreements between the undersigned and Seller S▇▇▇▇▇ County Bank, (B) Claims as a depositor under any deposit account with Seller S▇▇▇▇▇ County Bank, (C) Claims as the holder of any Certificate of Deposit issued by Seller S▇▇▇▇▇ County Bank, (D) Claims on account of any services rendered by the undersigned in a capacity other than as an officer, director, or employee of any Seller or Seller Bank; and SCB Entity, (E) Claims in his or her capacity as a shareholder of SCB, (F) Claims as a holder of any check issued by any other depositor of Seller S▇▇▇▇▇ County Bank, or (G) Claims for which the undersigned would be entitled to make an insurance claim under applicable insurance policies maintained by a SCB Entity; (ii) the Claims excluded in Section 4.9(a)(i2(a)(i) above; (iii) any Claims that the undersigned may have under the Merger Agreement; or; (iv) any right to indemnification that the undersigned may have under the articles of incorporation charter or bylaws of Seller or Seller Bankany SCB Entity, under Tennessee law or the Merger Agreement; (v) any Claims that are (A) based upon facts and circumstances arising after the date hereof and prior to the Closing Date, and (B) have been asserted in writing to SCB and SMBK prior to the Closing Date; or (vi) any rights or Claims listed on Schedule I to this Agreement.

Release of Certain Claims. (a) The undersigned hereby releases and forever discharges, effective upon the consummation of the Merger pursuant to under the Merger Agreement, Seller and Seller Bankeach CBKS Entity, and each of their its respective directors and officers (in their capacities as such), and their respective successors and assigns, and each of them (hereinafter, individually and collectively, the “Released Parties”) of and from any and all liabilities, claims, demands, debts, accounts, covenants, agreements, obligations, costs, expenses, actions or causes of action of every nature, character, character or description (collectively, “Claims”), which the undersigned, solely in his or her capacity as an officer, director, director or employee of Seller or Seller Bank any CBKS Entity, has or claims to have, or previously had or claimed to have, in each case as of the Effective Time, against any of the Released Parties, whether or not in law, equity or otherwise, based in whole or in part on any facts, conduct, activities, transactions, events, events or occurrences known or unknown, matured or unmatured, contingent or otherwise (individually a “Released Claim,” and collectively, the “Released Claims”), except for (i) compensation for services that have accrued but have not yet been paid in the ordinary course of business consistent with past practice, unpaid reimbursable expenses, practice or other contract rights relating to severance, employment, stock options, options and restricted stock grants which have been disclosed in writing to Buyer CenterState on or prior to the date of the Merger Agreement, and (ii) the items listed in Section 4.9(b2(b) below. (b) For avoidance of doubt, the parties acknowledge and agree that the Released Claims do not include any of the following: (i) any Claims that the undersigned may have in any capacity other than as an officer, director, director or employee of Seller or Seller Bankany CBKS Entity, including, but not limited to, (A) Claims as a borrower under loan commitments and agreements between the undersigned and Seller Bankan CBKS Entity, (B) Claims as a depositor under any deposit account with Seller Bankany CBKS Entity, (C) Claims as the holder of any Certificate of Deposit issued by Seller Bankany CBKS Entity, (D) Claims on account of any services rendered by the undersigned in a capacity other than as an officer, director, director or employee of any Seller CBKS Entity; (E) Claims in his or Seller Bankher capacity of a shareholder of CBKS; and (EF) Claims as a holder of any check issued by any other depositor of Seller Bankany CBKS Entity; (ii) the Claims excluded in (i) and (ii) of Section 4.9(a)(i2(a) above;; and (iii) any Claims that the undersigned may have under the Merger Agreement; or (iv) any right , including with respect to indemnification that the undersigned may have under the articles matters set forth in Section 6.6 of incorporation or bylaws of Seller or Seller Bank, under Tennessee law or the Merger Agreement;.

Release of Certain Claims. (a) The undersigned hereby releases and forever discharges, effective upon the consummation of the Merger pursuant to the Merger Agreement, Seller and Seller Bankeach SWBS Entity, and each of their respective directors and officers (in their capacities as such), and their respective successors and assigns, and each of them (hereinafter, individually and collectively, the “Released Parties”) of and from any and all liabilities, claims, demands, debts, accounts, covenants, agreements, obligations, costs, expenses, actions or causes of action of every nature, character, character or description (collectively, “Claims”), which the undersigned, solely in his or her capacity as an officer, director, director or employee of Seller or Seller Bank any SWBS Entity has or claims to have, or previously had or claimed to have, in each case as of the Effective Time, against any of the Released Parties, whether or not in law, equity or otherwise, based in whole or in part on any facts, conduct, activities, transactions, events, events or occurrences known or unknown, matured or unmatured, contingent or otherwise (individually a “Released Claim,” and collectively, the “Released Claims”), except for (i) compensation for services that have accrued but have not yet been paid in the ordinary course of business consistent with past practice, unpaid reimbursable expenses, practice or other contract rights relating to severance, employment, stock options, options and restricted stock grants which have been disclosed in writing to Buyer FBMS on or prior to the date of the Merger Agreement, and (ii) the items listed in Section 4.9(b2(b) below. (b) For avoidance of doubt, the parties acknowledge and agree that the Released Claims do not include any of the following: (i) any Claims that the undersigned may have in any capacity other than as an officer, director, director or employee of Seller or Seller Bankany SWBS Entity, including, but not limited to, (A) Claims as a borrower under loan commitments and agreements between the undersigned and Seller First Community Bank, (B) Claims as a depositor under any deposit account with Seller First Community Bank, (C) Claims as the holder of any Certificate of Deposit issued by Seller First Community Bank, (D) Claims on account of any services rendered by the undersigned in a capacity other than as an officer, director, director or employee of any Seller SWBS Entity; (E) Claims in his or Seller Bank; her capacity as a shareholder of SWBS, and (EF) Claims as a holder of any check issued by any other depositor of Seller First Community Bank; (ii) the Claims excluded in Section 4.9(a)(i2(a)(i) above; (iii) any Claims that the undersigned may have under the Merger Agreement; or; (iv) any right to indemnification that the undersigned may have under the articles of incorporation or bylaws of Seller or Seller Bankany SWBS Entity, under Tennessee Alabama law or the Merger Agreement;; or (v) any rights or Claims listed on Schedule I to this Agreement.

Release of Certain Claims. (a) The undersigned hereby releases and forever discharges, effective upon the consummation of the Merger pursuant to under the Merger Agreement, Seller and Seller Bankeach HBC Entity, and each of their its respective directors and officers (in their capacities as such), and their respective successors and assigns, and each of them (hereinafter, individually and collectively, the “Released Parties”) of and from any and all liabilities, claims, demands, debts, accounts, covenants, agreements, obligations, costs, expenses, actions or causes of action of every nature, character, character or description (collectively, “Claims”), which the undersigned, solely in his or her capacity as an officer, director, director or employee of Seller or Seller Bank any HBC Entity, has or claims to have, or previously had or claimed to have, in each case as of the Effective Time, against any of the Released Parties, whether or not in law, equity or otherwise, based in whole or in part on any facts, conduct, activities, transactions, events, events or occurrences known or unknown, matured or unmatured, contingent or otherwise (individually a “Released Claim,” and collectively, the “Released Claims”), except for (i) compensation for services that have accrued but have not yet been paid in the ordinary course of business consistent with past practice, unpaid reimbursable expenses, practice or other contract rights relating to severance, employment, stock options, options and restricted stock grants which have been disclosed in writing to Buyer CenterState on or prior to the date of the Merger Agreement, and (ii) the items listed in Section 4.9(b2(b) below. (b) For avoidance of doubt, the parties acknowledge and agree that the Released Claims do not include any of the following: (i) any Claims that the undersigned may have in any capacity other than as an officer, director, director or employee of Seller or Seller Bankany HBC Entity, including, but not limited to, (A) Claims as a borrower under loan commitments and agreements between the undersigned and Seller Bankan HBC Entity, (B) Claims as a depositor under any deposit account with Seller Bankany HBC Entity, (C) Claims as the holder of any Certificate of Deposit issued by Seller Bankany HBC Entity, (D) Claims on account of any services rendered by the undersigned in a capacity other than as an officer, director, director or employee of any Seller HBC Entity; (E) Claims in his or Seller Bankher capacity of a shareholder of HBC; and (EF) Claims as a holder of any check issued by any other depositor of Seller Bankany HBC Entity; (ii) the Claims excluded in (i) and (ii) of Section 4.9(a)(i2(a) above;; and (iii) any Claims that the undersigned may have under the Merger Agreement; or (iv) any right , including but not limited to claims for indemnification that or advancement of expenses under Section 6.6 of the undersigned may have under the articles of incorporation or bylaws of Seller or Seller Bank, under Tennessee law or the Merger Agreement;.

Release of Certain Claims. (a) The undersigned hereby releases and forever discharges, effective upon the consummation of the Merger pursuant to the Merger Agreement, Seller and Seller Bankeach HTB Entity, and each of their respective directors and officers (in their capacities as such), and their respective successors and assigns, and each of them (hereinafter, individually and collectively, the “Released Parties”) of and from any and all liabilities, claims, demands, debts, accounts, covenants, agreements, obligations, costs, expenses, actions or causes of action of every nature, character, character or description (collectively, “Claims”), which the undersigned, solely in his or her capacity as an officer, director, director employee or employee shareholder of Seller or Seller Bank any HTB Entity has or claims to have, or previously had or claimed to have, in each case as of the Effective Time, against any of the Released Parties, whether or not in law, equity or otherwise, based in whole or in part on any facts, conduct, activities, transactions, events, events or occurrences known or unknown, matured or unmatured, contingent or otherwise (individually a “Released Claim,” and collectively, the “Released Claims”), except for (i) compensation for services that have accrued but have not yet been paid in the ordinary course of business consistent with past practice, unpaid reimbursable expenses, practice or other contract rights relating to severance, employment, stock options, options and restricted stock grants which have been disclosed in writing to Buyer BFC on or prior to the date of the Merger Agreement, and (ii) the items listed in Section 4.9(b2(b) below. (b) For avoidance of doubt, the parties acknowledge and agree that the Released Claims do not include any of the following: (i) any Claims that the undersigned may have in any capacity other than as an officer, director, or employee of Seller or Seller Bank, including, but not limited to, (A) Claims as a borrower under loan commitments and agreements between the undersigned and Seller Bank, (B) Claims as a depositor under any deposit account with Seller Bank, (C) Claims as the holder of any Certificate of Deposit issued by Seller Bank, (D) Claims on account of any services rendered by the undersigned in a capacity other than as an officer, director, or employee of any Seller or Seller Bank; and (E) Claims as a holder of any check issued by any other depositor of Seller Bank; (ii) the Claims excluded in Section 4.9(a)(i) above; (iii) any Claims that the undersigned may have under the Merger Agreement; or (iv) any right to indemnification that the undersigned may have under the articles of incorporation or bylaws of Seller or Seller Bank, under Tennessee law or the Merger Agreement;

Release of Certain Claims. (a) The undersigned hereby releases and forever discharges, effective upon the consummation of the Merger pursuant to the Merger Agreement, Seller and Seller Bankeach FFB Entity, and each of their respective directors and officers (in their capacities as such), and their respective successors and assigns, and each of them (hereinafter, individually and collectively, the “Released Parties”) of and from any and all liabilities, claims, demands, debts, accounts, covenants, agreements, obligations, costs, expenses, actions or causes of action of every nature, character, character or description (collectively, “Claims”), which the undersigned, solely in his or her capacity as an officer, director, director or employee of Seller or Seller Bank any FFB Entity has or claims to have, or previously had or claimed to have, in each case as of the Effective Time, against any of the Released Parties, whether or not in law, equity or otherwise, based in whole or in part on any facts, conduct, activities, transactions, events, events or occurrences known or unknown, matured or unmatured, contingent or otherwise (individually a “Released Claim,” and collectively, the “Released Claims”), except for (i) compensation for services that have accrued but have not yet been paid in the ordinary course of business consistent with past practice, unpaid reimbursable expenses, practice or other contract rights relating to severance, employment, stock options, options and restricted stock grants which have been disclosed in writing to Buyer FBMS on or prior to the date of the Merger Agreement, and (ii) the items listed in Section 4.9(b2(b) below. (b) For avoidance of doubt, the parties acknowledge and agree that the Released Claims do not include any of the following: (i) any Claims that the undersigned may have in any capacity other than as an officer, director, director or employee of Seller or Seller Bankany FFB Entity, including, but not limited to, (A) Claims as a borrower under loan commitments and agreements between the undersigned and Seller First Florida Bank, (B) Claims as a depositor under any deposit account with Seller First Florida Bank, (C) Claims as the holder of any Certificate of Deposit issued by Seller First Florida Bank, (D) Claims on account of any services rendered by the undersigned in a capacity other than as an officer, director, director or employee of any Seller FFB Entity; (E) Claims in his or Seller Bank; her capacity as a shareholder of FFB, and (EF) Claims as a holder of any check issued by any other depositor of Seller First Florida Bank; (ii) the Claims excluded in Section 4.9(a)(i2(a)(i) above; (iii) any Claims that the undersigned may have under the Merger Agreement; or; (iv) any right to indemnification that the undersigned may have under the articles of incorporation or bylaws of Seller or Seller Bankany FFB Entity, under Tennessee Florida law or the Merger Agreement; (v) any Claims that are (A) based upon facts and circumstances arising after the date hereof and prior to the Closing Date, and (B) have been asserted in writing to FFB and FBMS prior to the Closing Date; or (vi) any rights or Claims listed on Schedule I to this Agreement.

Release of Certain Claims. (a) The undersigned hereby releases and forever discharges, effective upon the consummation of the Merger pursuant to the Merger Agreement, Seller and Seller Bankeach PCB Entity, and each of their respective directors and officers (in their capacities as such), and their respective successors and assigns, and each of them (hereinafter, individually and collectively, the “Released Parties”) of and from any and all liabilities, claims, demands, debts, accounts, covenants, agreements, obligations, costs, expenses, actions or causes of action of every nature, character, character or description (collectively, “Claims”), which the undersigned, solely in his or her capacity as an officer, director, director or employee of Seller or Seller Bank any PCB Entity has or claims to have, or previously had or claimed to have, in each case as of the Effective Time, against any of the Released Parties, whether or not in law, equity or otherwise, based in whole or in part on any facts, conduct, activities, transactions, events, events or occurrences known or unknown, matured or unmatured, contingent or otherwise (individually a “Released Claim,” and collectively, the “Released Claims”), except for (i) compensation for services that have accrued but have not yet been paid in the ordinary course of business consistent with past practice, unpaid reimbursable expenses, practice or other contract rights relating to severance, employment, stock options, options and restricted stock grants which have been disclosed in writing to Buyer BFC on or prior to the date of the Merger Agreement, and (ii) the items listed in Section 4.9(b2(b) below. (b) For avoidance of doubt, the parties acknowledge and agree that the Released Claims do not include any of the following: (i) any Claims that the undersigned may have in any capacity other than as an officer, director, director or employee of Seller or Seller Bankany PCB Entity, including, but not limited to, (A) Claims as a borrower under loan commitments and agreements between the undersigned and Seller Partnership Bank, (B) Claims as a depositor under any deposit account with Seller Partnership Bank, (C) Claims as the holder of any Certificate of Deposit issued by Seller Partnership Bank, (D) Claims on account of any services rendered by the undersigned in a capacity other than as an officer, director, director or employee of any Seller PCB Entity; (E) Claims in his or Seller Bank; her capacity as a shareholder of PCB, and (EF) Claims as a holder of any check issued by any other depositor of Seller Partnership Bank; (ii) the Claims excluded in Section 4.9(a)(i2(a)(i) above; (iii) any Claims that the undersigned may have under the Merger Agreement; or; (iv) any right to indemnification that the undersigned may have under the articles of incorporation or bylaws of Seller or Seller Bankany PCB Entity, under Tennessee Wisconsin law or the Merger Agreement;; or (v) any rights or Claims listed on Schedule I to this Agreement.

Release of Certain Claims. Effective upon the Closing, each of Parent and Purchaser, for itself and each of its respective Affiliates, successors and assigns (awhether by direct assignment, operation of law, right of subrogation, or otherwise) The undersigned (collectively, “Purchaser Releasors”), hereby unconditionally and irrevocably releases and forever dischargesdischarges Seller, effective upon each of Seller’s Affiliates (other than the consummation Company and Sterno), each of the Merger pursuant to the Merger Agreement, Seller and Seller BankGuaranty Parties, and each of their Seller’s and such Affiliates’ and Seller Guaranty Parties’ respective directors and officers (in their capacities as such)members, and their respective stockholders, partners, directors, trustees, managers, officers, employees, representatives, agents, attorneys, successors and assigns, and each of them assigns (hereinafter, individually and collectively, the “Seller Released Parties”) of from and from against any and all obligations, liabilities, claims, demands, debtscauses of action, accountslosses, covenantsdamages, agreements, obligations, costs, costs and expenses, actions whether known or causes unknown and whether based in contract, tort, fiduciary or any other theory of action of every nature, character, or description liability whatsoever (collectively, “Claims”), which that any of the undersigned, solely in his or her capacity as an officer, director, or employee of Seller or Seller Bank Purchaser Releasors has or claims may come to have, or previously had or claimed to have, in each case as of the Effective Time, have against any of the Seller Released PartiesParties and arising in any way out of or relating to Seller’s ownership of the Company Interests prior to the Closing, whether the conduct or not in law, equity or otherwise, based in whole or in part on any facts, conduct, activities, transactions, eventsoperation of the Business by the Company and Sterno prior to the Closing, or occurrences known the sale of the Company Interests to Purchaser and the other transactions provided for in or unknown, matured or unmatured, contingent or otherwise contemplated by this Agreement and the Transaction Documents (individually a “Released Claim,” and excluding the Surviving Purchaser Claims (as defined below) collectively, the “Released Purchaser Claims”), except for (i) compensation for services that have accrued but have not yet been paid in the ordinary course of business consistent with past practice, unpaid reimbursable expenses, or other contract rights relating to severance, employment, stock options, and restricted stock grants which have been disclosed in writing to Buyer on or prior excluding any Claim to the date of the Merger Agreement, and (ii) the items listed in Section 4.9(b) below. (b) For avoidance of doubt, the parties acknowledge and agree that the Released Claims do not include extent such Claim arises under or is based upon any of the following: following (referred to herein as the “Surviving Purchaser Claims”): (i) any Claims that the undersigned may have in any capacity other than as an officer, director, or employee obligation of Seller or Seller Bank, including, but not limited to, (A) Claims as a borrower under loan commitments and agreements between the undersigned and Seller Bank, (B) Claims as a depositor under any deposit account with Seller Bank, (C) Claims as the holder Section 10.2 of any Certificate of Deposit issued by Seller Bank, (D) Claims on account of any services rendered by the undersigned in a capacity other than as an officer, director, or employee of any Seller or Seller Bankthis Agreement; and (E) Claims as a holder of any check issued by any other depositor of Seller Bank; (ii) the Claims excluded in any obligation of a Seller Guaranty Party under Section 4.9(a)(i) above; 10.11 of this Agreement; (iii) any Claims that covenant or obligation of Seller to be performed after the undersigned may have under Closing, as set out in this Agreement or any of the Merger AgreementTransaction Documents; or or (iv) fraud or intentional misrepresentation. In granting the foregoing release, each of Parent and Purchaser, for themselves and the other Purchaser Releasors, hereby declares its intention to release all of the Released Purchaser Claims (but not the Surviving Purchaser Claims), whether known or unknown and whether or not currently suspected, and hereby waives with regard to the Released Purchaser Claims any right and all rights or protections under California Civil Code Section 1542 or similar statutes, which provides as follows: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” Each of Parent and Purchaser hereby agrees not to indemnification ▇▇▇ or otherwise bring any Action against any Seller Released Party in respect of any of the Released Purchaser Claims. Each of Parent and Purchaser hereby represents and warrants to Seller and for the benefit of each of the Seller Released Parties that the undersigned may have it has not assigned any Released Purchaser Claim purported to be released under the articles of incorporation or bylaws of Seller or Seller Bank, under Tennessee law or the Merger Agreement;this subparagraph (c).

Release of Certain Claims. (a) The undersigned hereby releases and forever discharges, effective upon the consummation of the Merger pursuant to the Merger Agreement, Seller and Seller Bankeach BBI Entity, and each of their respective directors and officers (in their capacities as such), and their respective successors and assigns, and each of them (hereinafter, individually and collectively, the “Released Parties”) of and from any and all liabilities, claims, demands, debts, accounts, covenants, agreements, obligations, costs, expenses, actions or causes of action of every nature, character, character or description (collectively, “Claims”), which the undersigned, solely in his or her capacity as an officer, director, employee or employee shareholder of Seller or Seller Bank any BBI Entity has or claims to have, or previously had or claimed to have, in each case as of the Effective Time, against any of the Released Parties, whether or not in law, equity or otherwise, based in whole or in part on any facts, conduct, activities, transactions, events, events or occurrences known or unknown, matured or unmatured, contingent or otherwise (individually a “Released Claim,” and collectively, the “Released Claims”), except for (i) compensation and related benefits for services that have accrued but have not yet been paid in the ordinary course of business consistent with past practice, unpaid reimbursable expenses, practice or other contract rights relating to severance, employment, stock options, options and restricted stock grants which have been disclosed in writing to Buyer FBMS on or prior to the date of the Merger Agreement, and (ii) the items listed in Section 4.9(b2(b) below. (b) For avoidance of doubt, the parties acknowledge and agree that the Released Claims do not include any of the following: (i) any Claims that the undersigned may have in any capacity other than as an officer, director, director or employee of Seller or Seller Bankany BBI Entity, including, but not limited to, (A) Claims as a borrower under loan commitments and agreements between the undersigned and Seller Beach Bank, (B) Claims as a depositor under any deposit account with Seller Beach Bank, (C) Claims as the holder of any Certificate of Deposit issued by Seller Beach Bank, (D) Claims on account of any services rendered by the undersigned in a capacity other than as an officer, director, director or employee of any Seller or Seller BankBBI Entity; and (E) Claims as a holder of any check issued by any other depositor of Seller Beach Bank; (ii) the Claims excluded in Section 4.9(a)(i2(a)(i) above; (iii) any Claims that the undersigned may have under the Merger Agreement; orAgreement including, without limitation, the right to receive the Merger Consideration and Assumed Options and the indemnification rights set forth in Section 5.10 thereof; (iv) any right to indemnification that the undersigned may have under the articles of incorporation or bylaws of Seller or Seller Bankany BBI Entity, under Tennessee Florida law or the Merger Agreement; (v) any Claims that are (A) based upon facts and circumstances arising after the date hereof and prior to the Closing Date, and (B) have been asserted in writing to BBI and FBMS prior to the Closing Date; (vi) any rights or Claims listed on Schedule I to this Agreement; (vii) any Claims to vested benefits that the undersigned is already entitled to receive under the benefit plans of any BBI Entity; (viii) any rights that the undersigned has to benefits under workers’ compensation or unemployment laws or under the Consolidated Omnibus Budget Reconciliation Act of 1985; (ix) any rights under contracts or written agreements between the undersigned and any BBI Entity that have been disclosed to FBMS in the Disclosure Schedules to the Merger Agreement; or (x) any rights to liability coverage and/or costs of defense pursuant to liability insurance for acts and omissions occurring during the undersigned’s relationship with any BBI Entity (including but not limited to any Directors & Officers insurance or general liability insurance).

Release of Certain Claims. (a) The undersigned hereby releases and forever discharges, effective upon the consummation of the Merger pursuant to the Merger Agreement, Seller and Seller Bankeach FPB Entity, and each of their respective directors and officers (in their capacities as such), and their respective successors and assigns, and each of them (hereinafter, individually and collectively, the “Released Parties”) of and from any and all liabilities, claims, demands, debts, accounts, covenants, agreements, obligations, costs, expenses, actions or causes of action of every nature, character, character or description (collectively, “Claims”), which the undersigned, solely in his or her capacity as an officer, director, director or employee of Seller or Seller Bank any FPB Entity has or claims to have, or previously had or claimed to have, in each case as of the Effective Time, against any of the Released Parties, whether or not in law, equity or otherwise, based in whole or in part on any facts, conduct, activities, transactions, events, events or occurrences known or unknown, matured or unmatured, contingent or otherwise (individually a “Released Claim,” and collectively, the “Released Claims”), except for (i) compensation for services that have accrued but have not yet been paid in the ordinary course of business consistent with past practice, unpaid reimbursable expenses, practice or other contract rights relating to severance, employment, stock options, options and restricted stock grants which have been disclosed in writing to Buyer FBMS on or prior to the date of the Merger Agreement, and (ii) the items listed in Section 4.9(b2(b) below. (b) For avoidance of doubt, the parties acknowledge and agree that the Released Claims do not include any of the following: (i) any Claims that the undersigned may have in any capacity other than as an officer, director, director or employee of Seller or Seller Bankany FPB Entity, including, but not limited to, (A) Claims as a borrower under loan commitments and agreements between the undersigned and Seller Florida Parishes Bank, (B) Claims as a depositor under any deposit account with Seller Florida Parishes Bank, (C) Claims as the holder of any Certificate of Deposit issued by Seller Florida Parishes Bank, (D) Claims on account of any services rendered by the undersigned in a capacity other than as an officer, director, director or employee of any Seller FPB Entity; (E) Claims in his or Seller Bank; her capacity as a shareholder of FPB, and (EF) Claims as a holder of any check issued by any other depositor of Seller Florida Parishes Bank; (ii) the Claims excluded in Section 4.9(a)(i2(a)(i) above; (iii) any Claims that the undersigned may have under the Merger Agreement; or; (iv) any right to indemnification that the undersigned may have under the articles of incorporation or bylaws of Seller or Seller Bankany FPB Entity, under Tennessee Louisiana law or the Merger Agreement; (v) any Claims that are (A) based upon facts and circumstances arising after the date hereof and prior to the Closing Date, and (B) have been asserted in writing to FPB and FBMS prior to the Closing Date; (vi) any Claims that arise on or after the Closing Date; or (vii) any rights or Claims listed on Schedule I to this Agreement.

Release of Certain Claims. (a) The undersigned 3.1 550 DMV hereby releases and forever dischargesdischarges eUniverse, effective upon the consummation of the Merger pursuant to the Merger Agreement, Seller and Seller BankInc., and each of their respective directors and officers (in their capacities as such)its past, present, and their respective successors and assignsfuture directors, officers, employees, agents, attorneys, representatives, principals, partners, shareholders, joint venturers, lenders, sureties, experts, consultants, parent corporations, sister corporations, subsidiaries, affiliated entities, predecessors, successors, and each of them assigns (hereinafter, individually all such related persons and collectively, entities are collectively referred to as the “Released PartieseUniverse Related Persons”) of and from any and all liabilities, claims, demandscauses of action, suits, debts, accountsliens, covenantsrights, duties, obligations, agreements, obligationspromises, costswarranties, representations, damages, losses, costs (including costs of suit and attorney’s fees and expenses), actions or causes demands, of action of every whatever nature, character, type, or description description, whether known or unknown, existing or potential, or suspected or unsuspected (collectively, collectively “Claims”), which the undersigned, solely in his 550 DMV has or her capacity as an officer, directorasserts, or employee of Seller may hereafter have or Seller Bank has or claims to have, or previously had or claimed to have, in each case as of the Effective Timeassert, against eUniverse or any of the Released Parties, whether or not in law, equity or otherwise, eUniverse Related Persons based in whole or in part on any facts, conduct, activities, transactions, events, act or occurrences known omission of the Company or unknown, matured or unmatured, contingent or otherwise (individually a “Released Claim,” and collectively, the “Released Claims”), except for (i) compensation for services that have accrued but have not yet been paid in the ordinary course of business consistent with past practice, unpaid reimbursable expenses, or other contract rights relating to severance, employment, stock options, and restricted stock grants which have been disclosed in writing to Buyer on or any eUniverse Related Persons occurring at any time prior to the date of the Merger Agreementthis Agreement and arising in connection with, and (ii) the items listed in Section 4.9(b) below. (b) For avoidance of doubtor related to, the parties acknowledge 550 DMV Documents, any agreements with eUniverse or the eUniverse Related Persons, and/or 550 3.2 550 DMV hereby waives and agree relinquishes any rights, defenses, or benefits it may have under section 1542 of the Civil Code which provides as follows: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” 3.3 550 DMV represents and warrants that the Released Claims do it has not include assigned or transferred, nor purported to assign or transfer, to any other person or entity any of their rights or interests in any of the following:550 DMV Released Claims, and 550 DMV agrees to indemnify and hold harmless the Company, and each of the eUniverse Related Persons from any liability, claims, causes of action, obligations, demands, damages, costs, attorney’s fees, or expenses incurred by them as a result of any person or entity asserting any assignment or transfer of any rights or interests in any of 550 DMV Released Claims. (i) 3.4 The release set forth in this Section 3 is not intended to, and shall not, terminate or vitiate or have any Claims effect on the DMV Note or any rights of DMV thereunder or under DMV’s security documents securing the obligations under the DMV Note or the rights that the undersigned DMV may have in any capacity other than as an officer, director, or employee of Seller or Seller Bank, including, but not limited to, (A) Claims as a borrower under loan commitments and agreements between the undersigned and Seller Bank, (B) Claims as a depositor under any deposit account with Seller Bank, (C) Claims as the holder of any Certificate of Deposit issued by Seller Bank, (D) Claims on account of any services rendered by the undersigned in a capacity other than as an officer, director, or employee of any Seller or Seller Bank; and (E) Claims as a holder of any check issued by any other depositor of Seller Bank; (ii) the Claims excluded in Section 4.9(a)(i) above; (iii) any Claims that the undersigned may have under the Merger Agreement; or (iv) any right to indemnification that the undersigned may have under the articles of incorporation or bylaws of Seller or Seller Bank, under Tennessee law or the Merger Agreement;certain online advertising impressions.

Release of Certain Claims. (a) The undersigned hereby releases and forever discharges, effective upon the consummation of the Merger pursuant to under the Merger Agreement, Seller and Seller Bankeach GBF Entity, and each of their its respective directors and officers (in their capacities as such), and their respective successors and assigns, and each of them (hereinafter, individually and collectively, the “Released Parties”) of and from any and all liabilities, claims, demands, debts, accounts, covenants, agreements, obligations, costs, expenses, actions or causes of action of every nature, character, character or description (collectively, “Claims”), which the undersigned, solely in his or her capacity as an officer, director, director or employee of Seller or Seller Bank any GBF Entity, has or claims to have, or previously had or claimed to have, in each case as of the Effective Time, against any of the Released Parties, whether or not in law, equity or otherwise, based in whole or in part on any facts, conduct, activities, transactions, events, events or occurrences known or unknown, matured or unmatured, contingent or otherwise (individually a “Released Claim,” and collectively, the “Released Claims”), except for (i) compensation for services that have accrued but have not yet been paid in the ordinary course of business consistent with past practice, unpaid reimbursable expenses, practice or other contract rights relating to severance, employment, stock options, options and restricted stock grants which have been disclosed in writing to Buyer CenterState on or prior to the date of the Merger Agreement, and (ii) the items listed in Section 4.9(b2(b) below. (b) For avoidance of doubt, the parties acknowledge and agree that the Released Claims do not include any of the following: (i) any Claims that the undersigned may have in any capacity other than as an officer, director, director or employee of Seller or Seller Bankany GBF Entity, including, but not limited to, (A) Claims as a borrower under loan commitments and agreements between the undersigned and Seller Banka GBF Entity, (B) Claims as a depositor under any deposit account with Seller Bankany GBF Entity, (C) Claims as the holder of any Certificate of Deposit issued by Seller Bankany GBF Entity, (D) Claims on account of any services rendered by the undersigned in a capacity other than as an officer, director, director or employee of any Seller GBF Entity; (E) Claims in his or Seller Bankher capacity of a shareholder of GFHF; and (EF) Claims as a holder of any check issued by any other depositor of Seller Bankany GBF Entity; (ii) the Claims excluded in (i) and (ii) of Section 4.9(a)(i2(a) above; (iii) any Claims that the undersigned may have under the Merger Agreement; or; (iv) any right to indemnification that the undersigned may have under the articles of incorporation or bylaws of Seller or Seller Bankany GBF Entity, under Tennessee Florida law or the Merger Agreement;; or (v) any rights or Claims listed on Schedule I to this Agreement.

Release of Certain Claims. (a) The undersigned hereby releases and forever discharges, effective upon the consummation of the Merger pursuant to the Merger Agreement, Seller and Seller Bankeach PSB Entity, and each of their respective directors and officers (in their capacities as such), and their respective successors and assigns, and each of them (hereinafter, individually and collectively, the “Released Parties”) of and from any and all liabilities, claims, demands, debts, accounts, covenants, agreements, obligations, costs, expenses, actions or causes of action of every nature, character, character or description (collectively, “Claims”), which the undersigned, solely in his or her capacity as an officer, director, director or employee of Seller or Seller Bank any PSB Entity has or claims to have, or previously had or claimed to have, in each case as of the Effective TimeDate, against any of the Released Parties, whether or not in law, equity or otherwise, based in whole or in part on any facts, conduct, activities, transactions, events, events or occurrences known or unknown, matured or unmatured, contingent or otherwise (individually a “Released Claim,” and collectively, the “Released Claims”), except for (i) compensation for services that have accrued but have not yet been paid in the ordinary course of business consistent with past practice, unpaid reimbursable expenses, practice or other contract rights relating to severance, employment, benefits under PSB Plans, stock options, options and restricted stock grants grants, which contracts or rights have been disclosed in writing to Buyer River Financial in the PSB Disclosure Letter, Schedule I to this letter or otherwise in writing on or prior to the date of the Merger Agreement, and (ii) the items listed in Section 4.9(b2(b) below. (b) For avoidance of doubt, the parties acknowledge and agree that the Released Claims do not include any of the following: (i) any Claims that the undersigned may have in any capacity other than as an officer, director, director or employee of Seller or Seller Bankany PSB Entity, including, but not limited to, (A) Claims as a borrower under loan commitments and agreements between the undersigned and Seller Peoples Southern Bank, (B) Claims as a depositor under any deposit account with Seller Peoples Southern Bank, (C) Claims as the holder of any Certificate of Deposit issued by Seller Peoples Southern Bank, (D) Claims on account of any services rendered by the undersigned in a capacity other than as an officer, director, director or employee of any Seller PSB Entity; (E) Claims in his or Seller Bank; her capacity as a shareholder of PSB, and (EF) Claims as a holder of any check issued by any other depositor of Seller Peoples Southern Bank; (ii) the Claims excluded in Section 4.9(a)(i2(a)(i) above; (iii) any Claims that the undersigned may have under the Merger Agreement, including, but not limited to, any right to indemnification and any right to continuing coverage under directors' and officers' liability insurance policies; or (iv) any right to indemnification that the undersigned may have under the articles of incorporation or bylaws of Seller or Seller Bankany PSB Entity, under Tennessee Alabama law or the Merger Agreement;. (v) any rights or Claims listed on Schedule I to this letter.

Release of Certain Claims. (a) The undersigned hereby releases and forever discharges, effective upon the consummation of the Merger pursuant to the Merger Agreement, Seller and Seller Bankeach Trinity Entity, and each of their respective directors and officers (in their capacities as such), and their respective successors and assigns, and each of them (hereinafter, individually and collectively, the “Released Parties”) of and from any and all liabilities, claims, demands, debts, accounts, covenants, agreements, obligations, costs, expenses, actions or causes of action of every nature, character, character or description (collectively, “Claims”), which the undersigned, solely in his or her capacity as an officer, director, director or employee of Seller or Seller Bank any Trinity Entity has or claims to have, or previously had or claimed to have, in each case as of the Effective TimeDate, against any of the Released Parties, whether or not in law, equity or otherwise, based in whole or in part on any facts, conduct, activities, transactions, events, events or occurrences known or unknown, matured or unmatured, contingent or otherwise (individually a “Released Claim,” and collectively, the “Released Claims”), except for (i) compensation for services that have accrued but have not yet been paid in the ordinary course of business consistent with past practice, unpaid reimbursable expenses, practice or other contract rights relating to severance, employment, benefits under Trinity Plans, stock options, options and restricted stock grants grants, which contracts or rights have been disclosed in writing to Buyer River Financial in the Trinity Disclosure Letter, Schedule I to this letter or otherwise in writing on or prior to the date of the Merger Agreement, and (ii) the items listed in Section 4.9(b2(b) below. (b) For avoidance of doubt, the The parties acknowledge and agree that the Released Claims do not include any of the following: (i) any Claims that the undersigned may have in any capacity other than as an officer, director, director or employee of Seller or Seller Bankany Trinity Entity, including, but not limited to, (A) Claims as a borrower under loan commitments and agreements between the undersigned and Seller Trinity Bank, (B) Claims as a depositor under any deposit account with Seller Trinity Bank, (C) Claims as the holder a depositor of any Certificate of Deposit deposits issued by Seller Trinity Bank, (D) Claims on account of any services rendered by the undersigned in a capacity other than as an officer, director, director or employee of any Seller Trinity Entity; (E) Claims in his or Seller Bank; her capacity as a shareholder of Trinity, and (EF) Claims as a holder of any check checks or instruments issued by any other depositor of Seller or drawn on Trinity Bank; (ii) the Claims excluded in Section 4.9(a)(i2(a)(i) above; (iii) any Claims that the undersigned may have under the Merger Agreement, including, but not limited to, any right to indemnification and any right to continuing coverage under directors’ and officers’ liability insurance policies; or (iv) any right to indemnification that the undersigned may have under the articles of incorporation or bylaws of Seller or Seller Bankany Trinity Entity, under Tennessee Alabama law or the Merger Agreement;. (v) any rights or Claims listed on Schedule I to this letter.

Release of Certain Claims. (a) The undersigned hereby releases and forever discharges, effective upon the consummation of the Merger pursuant to under the Merger Agreement, Seller and Seller Bankeach Charter Entity, and each of their its respective directors and officers (in their capacities as such), and their respective successors and assigns, and each of them (hereinafter, individually and collectively, the “Released Parties”) of and from any and all liabilities, claims, demands, debts, accounts, covenants, agreements, obligations, costs, expenses, actions or causes of action of every nature, character, character or description (collectively, “Claims”), which the undersigned, solely in his or her capacity as an officer, director, director or employee of Seller or Seller Bank any Charter Entity, has or claims to have, or previously had or claimed to have, in each case as of the Effective Time, against any of the Released Parties, whether or not in law, equity or otherwise, based in whole or in part on any facts, conduct, activities, transactions, events, events or occurrences known or unknown, matured or unmatured, contingent or otherwise (individually individually, a “Released Claim,” and collectively, the “Released Claims”), except for (i) compensation for services that have accrued but have not yet been paid in the ordinary course of business consistent with past practice, unpaid reimbursable expenses, practice or other contract rights relating to severance, employment, stock options, options and restricted stock grants which have been disclosed in writing to Buyer CenterState on or prior to the date of the Merger Agreement, and (ii) the items listed in Section 4.9(b2(b) below. (b) For avoidance of doubt, the parties acknowledge and agree that the Released Claims do not include any of the following: : (i) any Claims that the undersigned may have in any capacity other than as an officer, director, director or employee of Seller or Seller Bankany Charter Entity, including, but not limited to, (A) Claims as a borrower under loan commitments and agreements between the undersigned and Seller Bankany Charter Entity, (B) Claims as a depositor under any deposit account with Seller Bankany Charter Entity, (C) Claims as the holder of any Certificate certificate of Deposit deposit issued by Seller Bankany Charter Entity, (D) Claims on account of any services rendered by the undersigned in a capacity other than as an officer, director, director or employee of any Seller Charter Entity, (E) Claims in his or Seller Bank; her capacity of a stockholder of Charter, and (EF) Claims as a holder of any check issued by any other depositor of Seller Bankany Charter Entity; (ii) the Claims excluded in Section 4.9(a)(i) above; (iii) any Claims that the undersigned may have under the Merger Agreement; or (iv) any right to indemnification that the undersigned may have under the articles of incorporation or bylaws of Seller or Seller Bank, under Tennessee law or the Merger Agreement;

Release of Certain Claims. (a) The undersigned hereby releases and forever discharges, effective upon the consummation of the Merger pursuant to the Merger Agreement, Seller and Seller Bankeach TCBC Entity, and each of their respective directors and officers (in their capacities as such), and their respective successors and assigns, and each of them (hereinafter, individually and collectively, the “Released Parties”) of and from any and all liabilities, claims, demands, debts, accounts, covenants, agreements, obligations, costs, expenses, actions or causes of action of every nature, character, character or description (collectively, “Claims”), which the undersigned, solely in his or her capacity as an officer, director, director or employee of Seller or Seller Bank any TCBC Entity has or claims to have, or previously had or claimed to have, in each case as of the Effective Time, against any of the Released Parties, whether or not in law, equity or otherwise, based in whole or in part on any facts, conduct, activities, transactions, events, events or occurrences known or unknown, matured or unmatured, contingent or otherwise (individually a “Released Claim,” and collectively, the “Released Claims”), except for (i) compensation for services that have accrued but have not yet been paid in the ordinary course of business consistent with past practice, unpaid reimbursable expenses, practice or other contract rights relating to severance, employment, stock options, options and restricted stock grants which have been disclosed in writing to Buyer CBAN on or prior to the date of the Merger Agreement, and (ii) the items listed in Section 4.9(b2(b) below. (b) For avoidance of doubt, the parties acknowledge and agree that the Released Claims do not include any of the following: : (i) any Claims that the undersigned may have in any capacity other than as an officer, director, director or employee of Seller or Seller Bankany TCBC Entity, including, but not limited to, (A) Claims as a borrower under written loan commitments and agreements between the undersigned and Seller TC Federal Bank, (B) Claims as a depositor under any deposit account with Seller TC Federal Bank, (C) Claims as the holder of any Certificate of Deposit issued by Seller TC Federal Bank, (D) Claims on account of any services rendered by the undersigned in a capacity other than as an officer, director, director or employee of any Seller TCBC Entity, (E) Claims in his or Seller Bank; her capacity as a shareholder of TCBC and (EF) Claims as a holder of any check issued by any other depositor of Seller TC Federal Bank; ; (ii) the Claims excluded in Section 4.9(a)(i2(a)(i) above; ; (iii) any Claims that the undersigned may have under the Merger Agreement; or (iv) any right to indemnification that the undersigned may have under the articles of incorporation or bylaws of Seller or Seller Bankany TCBC Entity, under Tennessee Georgia law or the Merger Agreement;; or (v) any Claims that are (A) based on facts and circumstances arising after the date hereof and prior to the Closing Date, and (B) have been asserted in writing to CBAN and TCBC prior to the Closing Date.

Release of Certain Claims. (a) The undersigned hereby releases and forever discharges, effective upon the consummation of the Merger pursuant to the Merger Agreement, Seller and Seller Bankeach Centre Entity, and each of their respective directors and officers (in their capacities as such), and their respective successors and assigns, and each of them (hereinafter, individually and collectively, the “Released Parties”) of and from any and all liabilities, claims, demands, debts, accounts, covenants, agreements, obligations, costs, expenses, actions or causes of action of every nature, character, character or description (collectively, “Claims”), which the undersigned, solely in his or her capacity as an officer, director, director employee or employee shareholder of Seller or Seller Bank any Centre Entity has or claims to have, or previously had or claimed to have, in each case as of the Effective Time, against any of the Released Parties, whether or not in law, equity or otherwise, based in whole or in part on any facts, conduct, activities, transactions, events, events or occurrences known or unknown, matured or unmatured, contingent or otherwise (individually a “Released Claim,” and collectively, the “Released Claims”), except for (i) compensation for services that have accrued but have not yet been paid in the ordinary course of business consistent with past practice, unpaid reimbursable expenses, practice or other contract rights relating to severance, employment, stock options, options and restricted stock grants which have been disclosed in writing to Buyer BFC on or prior to the date of the Merger Agreement, and (ii) the items listed in Section 4.9(b2(b) below. (b) For avoidance of doubt, the parties acknowledge and agree that the Released Claims do not include any of the following: (i) any Claims that the undersigned may have in any capacity other than as an officer, director, director or employee of Seller or Seller Bankany Centre Entity, including, but not limited to, (A) Claims as a borrower under loan commitments and agreements between the undersigned and Seller First National Bank, (B) Claims as a depositor under any deposit account with Seller First National Bank, (C) Claims as the holder of any Certificate of Deposit issued by Seller First National Bank, (D) Claims on account of any services rendered by the undersigned in a capacity other than as an officer, director, director or employee of any Seller Centre Entity; (E) Claims in his or Seller Bank; her capacity as a shareholder of Centre, and (EF) Claims as a holder of any check issued by any other depositor of Seller First National Bank; (ii) the Claims excluded in Section 4.9(a)(i2(a)(i) above; (iii) any Claims that the undersigned may have under the Merger Agreement; or; (iv) any right to indemnification that the undersigned may have under the articles of incorporation or bylaws of Seller or Seller Bankany Centre Entity, under Tennessee Wisconsin law or the Merger Agreement;; or (v) any rights or Claims listed on Schedule I to this Agreement.

Release of Certain Claims. (a) The undersigned hereby releases and forever discharges, effective upon the consummation of the Merger pursuant to the Merger Agreement, Seller and Seller Bankeach HSBI Entity, and each of their respective directors and officers (in their capacities as such), and their respective successors and assigns, and each of them (hereinafter, individually and collectively, the “Released Parties”) of and from any and all liabilities, claims, demands, debts, accounts, covenants, agreements, obligations, costs, expenses, actions or causes of action of every nature, character, character or description (collectively, “Claims”), which the undersigned, solely in his or her capacity as an officer, director, employee or employee shareholder of Seller or Seller Bank any HSBI Entity has or claims to have, or previously had or claimed to have, in each case as of the Effective Time, against any of the Released Parties, whether or not in law, equity or otherwise, based in whole or in part on any facts, conduct, activities, transactions, events, events or occurrences known or unknown, matured or unmatured, contingent or otherwise (individually a “Released Claim,” and collectively, the “Released Claims”), except for (i) compensation and related benefits for services that have accrued but have not yet been paid in the ordinary course of business consistent with past practice, unpaid reimbursable expenses, practice or other contract rights relating to severance, employment, stock options, options and restricted stock grants which have been disclosed in writing to Buyer FBMS on or prior to the date of the Merger AgreementAgreement (including pursuant to the Merger Agreement and related disclosure schedules), and (ii) the items listed in Section 4.9(b2(b) below. (b) For avoidance of doubt, the parties acknowledge and agree that the Released Claims do not include any of the following: (i) any Claims that the undersigned may have in any capacity other than as an officer, director, director or employee of Seller or Seller Bankany HSBI Entity, including, but not limited to, (A) Claims as a borrower under loan commitments and agreements between the undersigned and Seller Heritage Southeast Bank, (B) Claims as a depositor under any deposit account with Seller Heritage Southeast Bank, (C) Claims as the holder of any Certificate of Deposit issued by Seller Heritage Southeast Bank, (D) Claims on account of any services rendered by the undersigned in a capacity other than as an officer, director, director or employee of any Seller HSBI Entity, (E) Claims in his or Seller Bank; her capacity as a shareholder of HSBI, and (EF) Claims as a holder of any check issued by any other depositor of Seller Heritage Southeast Bank; (ii) the Claims excluded in Section 4.9(a)(i2(a)(i) above; (iii) any Claims that the undersigned may have under the Merger Agreement; or, including, without limitation, the right to receive the Merger Consideration and the indemnifications rights set forth in Section 5.10 thereof; (iv) any right to indemnification that the undersigned may have under the articles of incorporation or bylaws (or similar constituent documents) of Seller or Seller Bankany HSBI Entity, under Tennessee Georgia law or the Merger Agreement; (v) any Claims that are (A) based upon facts and circumstances arising after the date hereof and prior to the Closing Date, and (B) have been asserted in writing to HSBI and FBMS prior to the Closing Date; (vi) any rights or Claims listed on Schedule I to this Agreement; (vii) any Claims to vested benefits that the undersigned is already entitled to receive under the benefit plans of any HSBI Entity; (viii) any rights that the undersigned has to benefits under workers’ compensation or unemployment laws or under the Consolidated Omnibus Budget Reconciliation Act of 1985; (ix) any rights under contracts or written agreements between the undersigned and any HSBI Entity that have been disclosed to FBMS in the Disclosure Schedules to the Merger Agreement; or (x) any rights to liability coverage and/or costs of defense pursuant to liability insurance for acts and omissions occurring during the undersigned’s relationship with any HSBI Entity (including but not limited to any Directors & Officers insurance or general liability insurance).

Release of Certain Claims. (a) The undersigned 3.1 550 DMV hereby releases and forever dischargesdischarges eUniverse, effective upon the consummation of the Merger pursuant to the Merger Agreement, Seller and Seller BankInc., and each of their respective directors and officers (in their capacities as such)its past, present, and their respective successors and assignsfuture directors, officers, employees, agents, attorneys, representatives, principals, partners, shareholders, joint venturers, lenders, sureties, experts, consultants, parent corporations, sister corporations, subsidiaries, affiliated entities, predecessors, successors, and each of them assigns (hereinafter, individually all such related persons and collectively, entities are collectively referred to as the “Released PartieseUniverse Related Persons”) of and from any and all liabilities, claims, demandscauses of action, suits, debts, accountsliens, covenantsrights, duties, obligations, agreements, obligationspromises, costswarranties, representations, damages, losses, costs (including costs of suit and attorney’s fees and expenses), actions or causes demands, of action of every whatever nature, character, type, or description description, whether known or unknown, existing or potential, or suspected or unsuspected (collectively, collectively “Claims”), which the undersigned, solely in his 550 DMV has or her capacity as an officer, directorasserts, or employee of Seller may hereafter have or Seller Bank has or claims to have, or previously had or claimed to have, in each case as of the Effective Timeassert, against eUniverse or any of the Released Parties, whether or not in law, equity or otherwise, eUniverse Related Persons based in whole or in part on any facts, conduct, activities, transactions, events, act or occurrences known omission of the Company or unknown, matured or unmatured, contingent or otherwise (individually a “Released Claim,” and collectively, the “Released Claims”), except for (i) compensation for services that have accrued but have not yet been paid in the ordinary course of business consistent with past practice, unpaid reimbursable expenses, or other contract rights relating to severance, employment, stock options, and restricted stock grants which have been disclosed in writing to Buyer on or any eUniverse Related Persons occurring at any time prior to the date of the Merger Agreementthis Agreement and arising in connection with, and (ii) the items listed in Section 4.9(b) below. (b) For avoidance of doubtor related to, the parties acknowledge and agree that 550 DMV Documents, any agreements with eUniverse or the Released Claims do not include any eUniverse Related Persons, and/or 550 DMV’s status as a shareholder of the following: (i) any Claims that the undersigned may have in any capacity other than as an officer, director, or employee of Seller or Seller BankCompany, including, but not limited to, (A) any Claims as a borrower under loan commitments and agreements between based on the undersigned and Seller Bank, (B) Claims as a depositor under any deposit account with Seller Bank, (C) Claims as the holder breach of any Certificate representation, warranty or covenant contained in the 550 DMV Documents or based on federal or state securities laws in connection with the Company’s recent restatement of Deposit issued by Seller Bankfinancial results for its fiscal year 2003 and the matters and allegations at issue in the purported class and derivative stockholder actions pending against the Company in the State and Federal Courts located in Los Angeles (the foregoing matters released in this Section shall collectively be referred to as “550 DMV Released Claims”). 3.2 550 DMV hereby waives and relinquishes any rights, (D) Claims on account of any services rendered by the undersigned in a capacity other than as an officer, directordefenses, or employee of any Seller or Seller Bank; and (E) Claims as a holder of any check issued by any other depositor of Seller Bank; (ii) the Claims excluded in Section 4.9(a)(i) above; (iii) any Claims that the undersigned benefits it may have under section 1542 of the Merger Agreement; orCivil Code which provides as follows: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” (iv) 3.3 550 DMV represents and warrants that it has not assigned or transferred, nor purported to assign or transfer, to any right other person or entity any of their rights or interests in any of the 550 DMV Released Claims, and 550 DMV agrees to indemnification indemnify and hold harmless the Company, and each of the eUniverse Related Persons from any liability, claims, causes of action, obligations, demands, damages, costs, attorney’s fees, or expenses incurred by them as a result of any person or entity asserting any assignment or transfer of any rights or interests in any of 550 DMV Released Claims. 3.4 The release set forth in this Section 3 is not intended to, and shall not, terminate or vitiate or have any effect on the DMV Note or any rights of DMV thereunder or under DMV’s security documents securing the obligations under the DMV Note or the rights that the undersigned DMV may have under the articles of incorporation or bylaws of Seller or Seller Bank, under Tennessee law or the Merger Agreement;to certain online advertising impressions.

Release of Certain Claims. (a) The undersigned hereby releases and forever discharges, effective upon In further consideration for the consummation issuance by the Company of the Merger pursuant to the Merger AgreementNotes, Seller each Investor, for itself and Seller Bankits affiliates, and each of their respective directors and officers (in their capacities as such), and their respective successors and assigns, respectively, does hereby waive, release, acquit and each of them (hereinafterforever discharge the Company, individually and collectively, the “Released Parties”) of and from any and all liabilities, claims, demandsactions, debtscharges, accountscomplaints, covenantsgrievances and causes of action (hereinafter collectively referred to as “claims”), agreementsof whatever nature, obligationswhether known or unknown, which exist as of the date of this Agreements as it relates to (i) the Damages, (ii) the Company’s lack of timely filing of certain required reports with the SEC, and (iii) other than in relation to the further accrual of liquidated damages pursuant to Section 7(f) of the Senior Agreement, the Company’s failure to file a registration statement pursuant to the Senior Agreement, including but not limited to, any and all exclusive agency rights, rights to compensation (including but not limited to cash, non-cash, residual and fee tail compensation), statutory claims, all claims for injunctive relief, compensatory damages, consequential damages, incidental damages, punitive damages interest, costs, expenses, actions attorneys’ fees and/or any other type of damages or causes monetary relief cognizable in law or equity, and any and all claims arising under any federal, state, city and/or other governmental statute, law, regulation or ordinance relating to corporate governance responsibilities or securities; provided, however, that nothing in this Agreement shall waive, compromise or otherwise negate the rights, privileges and claims directly provided under this Agreement. It is further understood and agreed by each of action the Investors, that as a condition of every naturethis Agreement, charactereach of the Investors hereby expressly waives and relinquishes any and all claims, rights or description (collectively, “Claims”benefits that it may have but of which it does not know or suspect to exist in its favor at the time of executing this Agreement relating solely to the items set forth in this Section 4.5(1)(i)-(iii), which if known by it must have materially affected its settlement by such Investor, and further, in connection with such waiver and relinquishment, the undersigned, solely Investor hereby acknowledges that it or its attorneys may hereafter discover claims or facts in his or her capacity as an officer, directoraddition to, or employee of Seller different from, those which it now knows or Seller Bank has or claims believes to haveexist, or previously had or claimed but that it expressly agrees to havefully, in each case as of the Effective Timefinally and forever settle and release any and all claims, against any of the Released Parties, whether or not in law, equity or otherwise, based in whole or in part on any facts, conduct, activities, transactions, events, or occurrences known or unknown, matured suspected or unmaturedunsuspected, contingent which exist or otherwise (individually a “Released Claim,” may exist on its behalf against the other at the time of execution of this Agreement. . Each Investor further acknowledges, understands and collectively, agrees that this representation and commitment is essential to the “Released Claims”), except for (i) compensation for services that have accrued but have not yet been paid in Company and the ordinary course of business consistent with past practice, unpaid reimbursable expenses, or other contract rights relating to severance, employment, stock optionsInvestors, and restricted stock grants which that this Agreement would not have been disclosed in writing to Buyer on or prior to the date of the Merger Agreement, entered into were it not for this representation and (ii) the items listed in Section 4.9(b) belowcommitment. (b) For avoidance of doubt, the parties acknowledge and agree that the Released Claims do not include any of the following: (i) any Claims that the undersigned may have in any capacity other than as an officer, director, or employee of Seller or Seller Bank, including, but not limited to, (A) Claims as a borrower under loan commitments and agreements between the undersigned and Seller Bank, (B) Claims as a depositor under any deposit account with Seller Bank, (C) Claims as the holder of any Certificate of Deposit issued by Seller Bank, (D) Claims on account of any services rendered by the undersigned in a capacity other than as an officer, director, or employee of any Seller or Seller Bank; and (E) Claims as a holder of any check issued by any other depositor of Seller Bank; (ii) the Claims excluded in Section 4.9(a)(i) above; (iii) any Claims that the undersigned may have under the Merger Agreement; or (iv) any right to indemnification that the undersigned may have under the articles of incorporation or bylaws of Seller or Seller Bank, under Tennessee law or the Merger Agreement;

Release of Certain Claims. (a) The undersigned hereby releases and forever discharges, effective upon the consummation of the Merger pursuant to the Merger Agreement, Seller and Seller Bankeach HCBF Entity, and each of their respective directors and officers (in their capacities as such), and their respective successors and assigns, and each of them (hereinafter, individually and collectively, the “Released Parties”) of and from any and all liabilities, claims, demands, debts, accounts, covenants, agreements, obligations, costs, expenses, actions or causes of action of every nature, character, character or description (collectively, “Claims”), which the undersigned, solely in his or her capacity as an officer, director, director or employee of Seller or Seller Bank any HCBF Entity has or claims to have, or previously had or claimed to have, in each case as of the Effective Time, against any of the Released Parties, whether or not in law, equity or otherwise, based in whole or in part on any facts, conduct, activities, transactions, events, events or occurrences known or unknown, matured or unmatured, contingent or otherwise (individually a “Released Claim,” and collectively, the “Released Claims”), except for (i) compensation for services that have accrued but have not yet been paid in the ordinary course of business consistent with past practice, unpaid reimbursable expenses, practice or other contract rights relating to severance, employment, stock options, options and restricted stock grants which have been disclosed in writing to Buyer CenterState on or prior to the date of the Merger Agreement, and (ii) the items listed in Section 4.9(b2(b) below. (b) For avoidance of doubt, the parties acknowledge and agree that the Released Claims do not include any of the following: (i) any Claims that the undersigned may have in any capacity other than as an officer, director, director or employee of Seller or Seller Bankany HCBF Entity, including, but not limited to, (A) Claims as a borrower under loan commitments and agreements between the undersigned and Seller Harbor Community Bank, (B) Claims as a depositor under any deposit account with Seller Harbor Community Bank, (C) Claims as the holder of any Certificate of Deposit issued by Seller Harbor Community Bank, (D) Claims on account of any services rendered by the undersigned in a capacity other than as an officer, director, director or employee of any Seller HCBF Entity; (E) Claims in his or Seller Bank; her capacity as a shareholder of HCBF, and (EF) Claims as a holder of any check issued by any other depositor of Seller Harbor Community Bank; (ii) the Claims excluded in Section 4.9(a)(i2(a)(i) above; (iii) any Claims that the undersigned may have under the Merger Agreement; or; (iv) any right to indemnification that the undersigned may have under the articles of incorporation or bylaws of Seller or Seller Bankany HCBF Entity, under Tennessee Florida law or the Merger Agreement;; or (v) any rights or Claims listed on Schedule I to this Agreement.