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EXHIBIT 10(b1)
FIRST AMENDMENT TO THE CAPITOL BANCORP, LTD.
EMPLOYEE SAVINGS AND STOCK OWNERSHIP PLAN
The Capitol Bancorp, Ltd. Employee Savings and Stock Ownership
Plan is hereby amended effective January 1, 1998 by replacing Section 2.1(t)
with the following:
2.1 (t) Employer: Capitol Bancorp, Ltd., a bank holding company
organized and existing under the laws of the State of Michigan, and the entities
listed below, or their respective successor or successors and any other entity
whose Board of Directors authorizes participation in this Plan where Capitol
Bancorp, Ltd. by its Board of Directors has approved said participation. Capitol
Bancorp, Ltd. may also be referred to as the Primary Employer, as defined in
Section 2.1(ss).
Employers participating in the Plan in addition to Capitol
Bancorp, Ltd. are:
Name of Type of State of Date of
Employer Entity Organization Participation
-------- ------ ------------ -------------
Portage Commerce Bank Banking corp. Michigan Participating as of
restatement date
Capitol National Bank Banking corp. Michigan Participating as of
restatement date
Ann Arbor Commerce Bank Banking corp. Michigan Participating as of
restatement date
Oakland Commerce Bank Banking corp. Michigan Participating as of
restatement date
Paragon Bank & Trust Banking corp. Michigan Participating as of
restatement date
Grand Haven Bank Banking corp. Michigan Participating as of
restatement date
Macomb Community Bank Banking corp. Michigan Adopted as a restatement
effective as of July 1,
1997
Brighton Commerce Bank Banking corp. Michigan Adopted as a restatement
effective as of July 1,
1997
Sun Community Bancorp Limited Corporation Arizona January 1, 1998
Bank of Tucson Banking corp. Arizona January 1, 1998
Valley First Community Bank Banking corp. Arizona January 1, 1998
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Each of the individual Employers named in this Section 2.1(t) may
be referred to as an Employer Member. For purposes of Section 5.3, Employer also
includes all members of a controlled group of corporations (as defined in Code
Section 414(b) as modified by Code Section 415(h)), all commonly controlled
trades or businesses (as defined in Code Section 414(c) as modified by Code
Section 415(h)) or affiliated service groups (as defined in Code Section 414(m))
of which the Employer is a part, and any other entity required to be aggregated
with the Employer pursuant to regulations under Code Section 414(o).
CAPITOL BANCORP, LTD.
Date: December 26, 1997 By: \s\ Joseph D. Reid
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Joseph D. Reid
Chairman and CEO
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SECOND AMENDMENT TO THE
CAPITOL BANCORP, LTD.
EMPLOYEE SAVINGS AND STOCK OWNERSHIP PLAN
The Capitol Bancorp, Ltd. Employee Savings and Stock Ownership Plan is
hereby amended effective July 1, 1998 by adding the following participating
employers at the end of the list therein contained:
Name of Type of State of Date of
Employer Entity Organization Participation
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Kent Commerce Bank Banking corp. Michigan July 1, 1998
Muskegon Commerce Bank Banking corp. Michigan July 1, 1998
CAPITOL BANCORP, LTD.
Dated: December 21, 1998 By: \s\ Joseph D. Reid
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Joseph D. Reid
Chairman and CEO
KENT COMMERCE BANK
Dated: December 7, 1998 By: \s\ David Veen
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David Veen
President and CEO
MUSKEGON COMMERCE BANK
Dated: December 17, 1998 By: \s\ Robert McCarthy
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Robert McCarthy
President and CEO