-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, GDqGh8PdSVPLHTOTVi+6MyiOue3zp0qOrCaW4roCgfl929SHgTsCNFQd2wNkpQLC lX6ZgKjkCwvEFD9lEZr/LQ== 0000351569-09-000014.txt : 20090511 0000351569-09-000014.hdr.sgml : 20090511 20090511164927 ACCESSION NUMBER: 0000351569-09-000014 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20090511 ITEM INFORMATION: Entry into a Material Definitive Agreement ITEM INFORMATION: Departure of Directors or Certain Officers; Election of Directors; Appointment of Certain Officers: Compensatory Arrangements of Certain Officers ITEM INFORMATION: Financial Statements and Exhibits FILED AS OF DATE: 20090511 DATE AS OF CHANGE: 20090511 FILER: COMPANY DATA: COMPANY CONFORMED NAME: Ameris Bancorp CENTRAL INDEX KEY: 0000351569 STANDARD INDUSTRIAL CLASSIFICATION: STATE COMMERCIAL BANKS [6022] IRS NUMBER: 581456434 STATE OF INCORPORATION: GA FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 001-13901 FILM NUMBER: 09815740 BUSINESS ADDRESS: STREET 1: 24 2/ND/ AVENUE CITY: MOULTRIE STATE: GA ZIP: 31768 BUSINESS PHONE: 9128901111 MAIL ADDRESS: STREET 1: PO BOX 1500 CITY: MOULTRIE STATE: GA ZIP: 31776 FORMER COMPANY: FORMER CONFORMED NAME: ABC BANCORP DATE OF NAME CHANGE: 19920703 FORMER COMPANY: FORMER CONFORMED NAME: ABC HOLDING CO DATE OF NAME CHANGE: 19870119 8-K 1 form8k.htm FORM 8K CJH form8k.htm
 



UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C.  20549

FORM 8-K

CURRENT REPORT
PURSUANT TO SECTION 13 OR 15(d) OF THE
SECURITIES EXCHANGE ACT OF 1934


Date of report (Date of earliest event reported):
  May 11, 2009 (May 5, 2009)
     
     
 
Ameris Bancorp
 
(Exact Name of Registrant as Specified in Charter)
     
     
     
Georgia
No. 001-13901
No.58-1456434
(State or Other Jurisdiction of Incorporation)
(Commission File Number)
(IRS Employer Identification No.)
     
 
310 1st Street, S.E.,
 
 
Moultrie, Georgia   31768
 
             (Address of Principal Executive Offices)
     
               Registrant’s telephone number, including area code:
 
(229) 890-1111
 
     
     
 
Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions (see General Instruction A.2. below):

[  ]  Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)

[  ]  Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)

[  ]  Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))

[  ]  Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))



 
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Item 1.01.
Entry into a Material Definitive Agreement.

The information set forth in Item 5.02 is incorporated herein by this reference.

Item 5.02
Departure of Directors or Certain Officers; Election of Directors; Appointment of Certain Officers; Compensatory Arrangement of Certain Officers.

On May 5, 2009, Ameris Bancorp (the “Company”) entered into that certain Amendment No. 2 to the Executive Employment Agreement between the Company and C. Johnson Hipp, III dated as of September 5, 2006, as amended by that certain Amendment No. 1 to Executive Employment Agreement dated as of December 30, 2008, pursuant to which the current term of Mr. Hipp’s employment was extended to December 31, 2009.  Separately, Mr. Hipp has requested, and the Company has granted, certain amounts of leave from his employment for medical reasons.  During such periods, Mr. Hipp’s responsibilities as Banking Group President will be assumed by Andrew B. Cheney, who currently serves as the Company’s Executive Vice President for Florida and Coastal Georgia.

The foregoing amendment is filed as an exhibit hereto, and the description contained herein of such amendment is qualified in its entirety by reference to the terms of such document.
 
Item 9.01.                      Financial Statements and Exhibits.
 
(d)           Exhibits.
 
10.1
Second Amendment to Executive Employment Agreement dated May 5, 2009 by and between the Company and C. Johnson Hipp, III

 

 
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SIGNATURE
 
Pursuant to the requirements of the Securities Exchange Act of 1934, as amended, the Company has duly caused this Report to be signed on its behalf by the undersigned, thereunto duly authorized.
 
AMERIS BANCORP


By:  /s/ Edwin W. Hortman, Jr.
Edwin W. Hortman, Jr.
President and Chief Executive Officer


Dated:  May 11, 2009



 
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EXHIBIT INDEX


Exhibit No.
Exhibit
10.1
Second Amendment to Executive Employment Agreement dated May 5, 2009 by and between the Company and C. Johnson Hipp, III

EX-10.1 2 exhibit10_1.htm EXHIBIT 10.1 CJH AMEND exhibit10_1.htm


 
 
Exhibit 10.1
 

 
AMENDMENT NO. 2 TO
EXECUTIVE EMPLOYMENT AGREEMENT
 
This AMENDMENT NO. 2 TO EXECUTIVE EMPLOYMENT AGREEMENT (the “Amendment”) is made and entered into as of the 5th day of May, 2009, by and between AMERIS BANCORP, a Georgia corporation (“Employer”), and C. JOHNSON HIPP, III, an individual resident of the State of South Carolina (“Executive”).
 
W I T N E S S E T H:
 
WHEREAS, Employer and Executive have entered into that certain Executive Employment Agreement dated as of September 5, 2006, as amended by that certain Amendment No. 1 to Executive Employment Agreement dated as of December 30, 2008 (as so amended, the “Agreement”), and the parties wish to amend the Agreement as provided herein;
 
NOW, THEREFORE, in consideration of the foregoing and the mutual covenants and agreements herein, the parties hereto do hereby agree as follows:
 
1. Amendment of Agreement.  Section 3 of the Agreement is hereby amended by (i) deleting all references therein to “September 5, 2008” and substituting therefor “December 31, 2009” and (ii) deleting the separate reference therein to “September 5” and substituting therefor “December 31”.
 
2. Miscellaneous.  The existing terms and conditions of the Agreement shall remain in full force and effect except as such terms and conditions are specifically amended by, or conflict with, the terms of this Amendment.  This Amendment shall be governed by, and construed and enforced in accordance with, the laws of the State of Georgia, without regard to the conflicts of laws principles thereof.  This Amendment may be executed simultaneously in counterparts, each of which will be deemed an original, and all of which together will constitute one and the same instrument.  Executed counterparts may be delivered via facsimile transmission.
 
IN WITNESS WHEREOF, Executive has executed and delivered this Amendment, and Employer has caused this Amendment to be executed and delivered by its duly authorized officer, all as of the day and year first above written.
 
AMERIS BANCORP


By:           /s/ Edwin W. Hortman, Jr.                                                                
Name:      Edwin W. Hortman, Jr.
Title:        President and Chief Executive Officer




/s/ C. Johnson Hipp, III
                                                                
              C. JOHNSON HIPP, III

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