Midland States Bancorp, Inc. Contracts & Agreements

Transition and Separation Agreement and Release and Waiver of Claims, between James R. Stewart and Midland States Bank, dated April 27, 2023 (Filed With SEC on May 3, 2023)

Description of the Companys Securities Registered Pursuant to Section 12 of the Securities Exchange Act of 1934 (Filed With SEC on February 24, 2023)

Deposit Agreement, dated as of August 24, 2022, by and among Midland States Bancorp, Inc., Computershare Inc., Computershare Trust Company, N.A. and the holders from time to time... (Filed With SEC on August 24, 2022)

Underwriting Agreement, dated as of August 17, 2022, among Midland States Bancorp, Inc., Keefe Bruyette & Woods, Inc., Raymond James & Associates, Inc. and Piper Sandler & Co., as... (Filed With SEC on August 23, 2022)

Amended and Restated Employment Agreement, dated as of November 5, 2020, between Midland States Bancorp, Inc., Midland States Bank and Jeffrey Ludwig (Filed With SEC on February 26, 2021)

Amended and Restated Employment Agreement, dated as of November 5, 2020, between Midland States Bancorp, Inc., Midland States Bank and Jeffrey Mefford (Filed With SEC on February 26, 2021)

Amended and Restated Employment Agreement, dated as of November 5, 2020, between Midland States Bancorp, Inc., Midland States Bank and Douglas J. Tucker (Filed With SEC on February 26, 2021)

Amended and Restated Employment Agreement, dated as of November 5, 2020, between Midland States Bancorp, Inc., Midland States Bank and Eric T. Lemke (Filed With SEC on February 26, 2021)

Amended and Restated Employment Agreement, dated as of November 5, 2020, between Midland States Bank and Jeff Brunoehler (Filed With SEC on February 26, 2021)

Amended and Restated Employment Agreement, dated as of November 5, 2020, between Midland States Bank and James R. Stewart (Filed With SEC on February 26, 2021)

Description of the Companys Voting Common Stock (Filed With SEC on February 28, 2020)

Amendment No. 4 to Employment Agreement, dated as of January 13, 2020, between Midland States Bancorp, Inc., Midland States Bank and Jeffrey G. Ludwig (Filed With SEC on February 28, 2020)

Amendment No. 3 to Employment Agreement, dated as of January 13, 2020, between Midland States Bancorp, Inc., Midland States Bank and Douglas J. Tucker (Filed With SEC on February 28, 2020)

Amendment No. 3 to Employment Agreement, dated as of January 13, 2020, between Midland States Bank and Jeffrey S. Mefford (Filed With SEC on February 28, 2020)

Employment Agreement, dated as of February 20, 2017, between Midland States Bank and James R. Stewart (Filed With SEC on February 28, 2020)

Amendment No. 2 to Employment Agreement, dated as of January 13, 2020, between Midland States Bank and James R. Stewart (Filed With SEC on February 28, 2020)

Employment Agreement, dated as of November 11, 2019, between Midland States Bancorp Inc., Midland States Bank and Eric T. Lemke (Filed With SEC on February 28, 2020)

Employment Agreement, dated as of September 8, 2009, between Midland States Bank and Donald J. Spring (Filed With SEC on February 28, 2020)

Change of Control Agreement, dated as of February 1, 2020, between Midland States Bank and Donald J. Spring (Filed With SEC on February 28, 2020)

Form of Registration Rights Agreement, dated as of September 20, 2019, among Midland States Bancorp, Inc. and the purchasers party thereto (Filed With SEC on September 20, 2019)

Indenture, dated as of September 20, 2029, between Midland States Bancorp, Inc. and UMB Bank National Association, as trustee, regarding 5.00% Fixed-to-Floating Rate Subordinated... (Filed With SEC on September 20, 2019)

Indenture, dated as of September 20, 2029, between Midland States Bancorp, Inc. and UMB Bank National Association, as trustee, regarding 5.50% Fixed-to-Floating Rate Subordinated... (Filed With SEC on September 20, 2019)

Amendment No. 2 to Employment Agreement, dated as of January 1, 2019, between Midland States Bancorp, Inc., Midland States Bank and Douglas J. Tucker (Filed With SEC on February 28, 2019)

Deferred Compensation Plan for Directors of Midland States Bancorp, Inc. (Effective November 8, 2018) (Filed With SEC on February 28, 2019)

Deferred Compensation Plan for Executives of Midland States Bancorp, Inc. (Effective November 8, 2018) (Filed With SEC on February 28, 2019)

Employment Agreement, dated as of December 20, 2012, between Midland States Bank and Jeffrey S. Mefford (Filed With SEC on February 28, 2019)

Amendment No. 1 to Employment Agreement, dated as of December 15, 2017, between Midland States Bank and Jeffrey S. Mefford (Filed With SEC on February 28, 2019)

Amendment No. 2 to Employment Agreement, dated as of January 1, 2019, between Midland States Bank and Jeffrey S. Mefford (Filed With SEC on February 28, 2019)

Employment Agreement, dated as of February 20, 2017, between Midland States Bank and James R. Stewart (Filed With SEC on February 28, 2019)

Amendment No. 1 to Employment Agreement, dated as of December 15, 2017, between Midland States Bank and James R. Stewart (Filed With SEC on February 28, 2019)

Amendment No. 3 to Employment Agreement, dated as of January 1, 2019, between Midland States Bancorp, Inc., Midland States Bank and Jeffrey G. Ludwig (Filed With SEC on February 28, 2019)

Form of Restricted Stock Award Terms under the Midland States Bancorp, Inc. Second Amended and Restated 2010 Long-Term Incentive Plan (for awards on and after November 6, 2018) (Filed With SEC on November 7, 2018)

Employment Agreement, dated as of March 7, 2018, between Midland States Bancorp, Inc., Midland States Bank and Stephen A. Erickson (Filed With SEC on March 7, 2018)

Amendment No. 1 to Transitional Employment Agreement, dated as of December 15, 2017, between Midland States Bancorp, Inc., Midland States Bank and Leon J. Holschbach (Filed With SEC on December 19, 2017)

Amendment No. 2 to Employment Agreement, dated as of December 15, 2017, between Midland States Bancorp, Inc., Midland States Bank and Jeffrey G. Ludwig (Filed With SEC on December 19, 2017)

Amendment No. 1 to Employment Agreement, dated as of December 15, 2017, between Midland States Bancorp, Inc., Midland States Bank and Douglas J. Tucker (Filed With SEC on December 19, 2017)

Midland States Bancorp, Inc. Management Incentive Program (Filed With SEC on November 13, 2017)

Agreement and Plan of Merger, dated as of October 16, 2017, among Midland States Bancorp, Inc., Peak Midland Acquisition, LLC and Alpine Bancorporation, Inc (Filed With SEC on October 17, 2017)

Form of Fixed-to-Floating Rate Subordinated Notes due October 15, 2027 (Filed With SEC on October 17, 2017)

STATEMENT OF RESOLUTION ESTABLISHING SERIES OF SERIES G PREFERRED STOCK OF MIDLAND STATES BANCORP, INC. (Filed With SEC on March 15, 2017)

STATEMENT OF RESOLUTION ESTABLISHING SERIES OF FIXED RATE NON-VOTING PERPETUAL NON-CUMULATIVE PREFERRED STOCK, SERIES H OF MIDLAND STATES BANCORP, INC. (Filed With SEC on March 15, 2017)

EMPLOYMENT AGREEMENT (Filed With SEC on March 10, 2017)

First Amendment to the Deferred Compensation Plan for Directors and Executives of Midland States Bancorp, Inc. (As Amended and Restated Effective December 31, 2015) (Filed With SEC on March 10, 2017)

[SIGNATURE PAGE TO AGREEMENT AND PLAN OF MERGER] (Filed With SEC on January 26, 2017)

VOTING AND SUPPORT AGREEMENT (Filed With SEC on January 26, 2017)

[] Shares Midland States Bancorp, Inc. Common Stock par value $0.01 per share Underwriting Agreement (Filed With SEC on May 11, 2016)

MIDLAND STATES BANCORP, INC. SECOND AMENDED AND RESTATED 2010 LONG-TERM INCENTIVE PLAN Article 1 GENERAL (Filed With SEC on May 11, 2016)

DEFERRED COMPENSATION PLAN FOR DIRECTORS AND EXECUTIVES OF MIDLAND STATES BANCORP, INC. (As Amended and Restated Effective December 31, 2015) RECITALS (Filed With SEC on May 11, 2016)

THE AMENDED AND RESTATED MIDLAND STATES BANCORP, INC. EMPLOYEE STOCK PURCHASE PLAN (Amended May 3, 2016) (Filed With SEC on May 11, 2016)

SECOND AMENDED AND RESTATED DEFERRED COMPENSATION PLAN FOR DIRECTORS AND EXECUTIVES OF MIDLAND STATES BANCORP, INC. (Effective July 2011) R E C I T A L S (Filed With SEC on July 20, 2011)

[] Shares Midland States Bancorp, Inc. Common Stock $0.01 par value per share Underwriting Agreement (Filed With SEC on June 21, 2011)

AGREEMENT AND PLAN OF MERGER AMONG MIDLAND STATES BANCORP, INC. MIDLAND STATES ACQUISITION, INC. AND WATERLOO BANCSHARES, INC. NOVEMBER 13, 2008 (Filed With SEC on May 13, 2011)

AGREEMENT AND PLAN OF MERGER (Filed With SEC on May 13, 2011)

PURCHASE AND ASSUMPTION AGREEMENT WHOLE BANK ALL DEPOSITS AMONG FEDERAL DEPOSIT INSURANCE CORPORATION, RECEIVER OF STRATEGIC CAPITAL BANK, CHAMPAIGN, IL FEDERAL DEPOSIT INSURANCE... (Filed With SEC on May 13, 2011)

BRANCH SALE AGREEMENT By and Among AMCORE BANK, N.A., AMCORE INVESTMENT SERVICES, INC. and MIDLAND STATES BANK December 31, 2009 (Filed With SEC on May 13, 2011)

PURCHASE AND ASSUMPTION AGREEMENT WHOLE BANK ALL DEPOSITS AMONG FEDERAL DEPOSIT INSURANCE CORPORATION, RECEIVER OF WESTBRIDGE BANK & TRUST COMPANY, CHESTERFIELD, MISSOURI FEDERAL... (Filed With SEC on May 13, 2011)

AMENDED AND RESTATED CREDIT AGREEMENT between MIDLAND STATES BANCORP, INC. and RICHARD E. WORKMAN 2001 TRUST Dated as of December 31, 2010 (Filed With SEC on May 13, 2011)

ASSUMPTION AGREEMENT (Filed With SEC on May 13, 2011)

AMENDED AND RESTATED 2009 EXCHANGE AND WARRANT PURCHASE AGREEMENT Effective December 31, 2010 (Filed With SEC on May 13, 2011)

AMENDED AND RESTATED 2010 EXCHANGE AND WARRANT PURCHASE AGREEMENT Effective December 31, 2010 (Filed With SEC on May 13, 2011)

MIDLAND STATES BANCORP, INC. Preferred Stock Purchase Warrant Expiring April 1, 2016 (Filed With SEC on May 13, 2011)

REGISTRATION RIGHTS AGREEMENT (Filed With SEC on May 13, 2011)

AMENDMENT AGREEMENT (Filed With SEC on May 13, 2011)

EMPLOYMENT AGREEMENT (Filed With SEC on May 13, 2011)

MIDLAND STATES BANCORP, INC. OMNIBUS STOCK OWNERSHIP AND LONG TERM INCENTIVE PLAN (Filed With SEC on May 13, 2011)

THIRD AMENDMENT AND RESTATEMENT MIDLAND STATES BANCORP, INC. 1999 STOCK OPTION PLAN (Filed With SEC on May 13, 2011)

MIDLAND STATES BANCORP, INC. AMENDED AND RESTATED 2010 LONG-TERM INCENTIVE PLAN Article 1 GENERAL (Filed With SEC on May 13, 2011)

THE AMENDED AND RESTATED DEFERRED COMPENSATION PLAN OF MIDLAND STATES BANCORP, INC. R E C I T A L S (Filed With SEC on May 13, 2011)

MIDLAND STATES BANCORP, INC. AMENDED AND RESTATED 2010 LONG-TERM INCENTIVE PLAN INCENTIVE STOCK OPTION AWARD TERMS (Filed With SEC on May 13, 2011)

MIDLAND STATES BANCORP, INC. AMENDED AND RESTATED 2010 LONG-TERM INCENTIVE PLAN NON-QUALIFIED STOCK OPTION AWARD TERMS (Filed With SEC on May 13, 2011)

MIDLAND STATES BANCORP, INC. AMENDED AND RESTATED 2010 LONG-TERM INCENTIVE PLAN RESTRICTED STOCK UNIT AWARD TERMS (Filed With SEC on May 13, 2011)

MIDLAND STATES BANCORP, INC. AMENDED AND RESTATED 2010 LONG-TERM INCENTIVE PLAN RESTRICTED STOCK AWARD TERMS (Filed With SEC on May 13, 2011)

Midland States Bancorp, Inc. Management Incentive Program (Filed With SEC on May 13, 2011)

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Midland States Bancorp, Inc. Contracts & Agreements