MERCANTILE BANK CORP 10-Q

Item 5. Other Information. Director Robert B. Kaminski, Jr. entered into a 10b5 - 1 Plan on April 2, 2024 . The plan is intended to satisfy the affirmative defenses of Rule 10b5 - 1 (c). The plan permits the sale of up to 4,500 shares beginning on July 2, 2024 through December 31, 2025. 66 Table of Contents MERCANTILE BANK CORPORATION Item 6. Exhibits EXHIBIT NO. EXHIBIT DESCRIPTION 3.1 Articles of Incorporation of Mercantile Bank Corporation, including all amendments thereto, incorporated by reference to Exhibit 3.1 of our Form S-4 Registration Statement filed February 16, 2022 3.2 Our Amended and Restated Bylaws dated as of February 26, 2015 are incorporated by reference to Exhibit 3.1 to our Current Report on Form 8-K filed February 26, 2015 4.1 Instruments defining the Rights of Security Holders – reference is made to Exhibits 3.1 and 3.2. In accordance with Regulation S-K Item 601(b)(4), Mercantile Bank Corporation is not filing copies of instruments defining the rights of holders of long-term debt because none of those instruments authorizes debt in excess of 10% of the total assets of Mercantile Bank Corporation and its subsidiaries on a consolidated basis. Mercantile Bank Corporation hereby agrees to furnish a copy of any such instrument to the Securities and Exchange Commission upon request. 4.2 Subordinated indenture, dated December 15, 2021, by and between Mercantile Bank Corporation and Wilmington Trust, National Association, as trustee, incorporated by reference to our Current Report on Form 8-K filed December 17, 2021 4.3 First Supplemental Indenture to Subordinated indenture, dated December 15, 2021, by and between Mercantile Bank Corporation and Wilmington Trust, National Association, as trustee, incorporated by reference to our Current Report on Form 8-K filed December 17, 2021 4.4 Form of 3.25% Fixed-to-Floating Rate Subordinated Note due 2032, incorporated by reference to our Current Report on Form 8-K filed December 17, 2021 4.5 Form of Subordinated Note Purchase Agreement dated December 15, 2021, by and among Mercantile Bank Corporation and the Purchasers, incorporated by reference to our Current Report on Form 8-K filed December 17, 2021 4.6 Form of Registration Rights Agreement dated December 15, 2021, by and among Mercantile Bank Corporation and the Purchasers, incorporated by reference to our Current Report on Form 8-K filed December 17, 2021 10.1 Amended and Restated Employment Agreement of Raymond E. Reitsma dated November 29, 2018, effective December 31, 2018, incorporated by reference to exhibit 10.3 of our Form 8-K filed December 3, 2018 10.2 First Amendment to Amended and Restated Employment Agreement of Raymond E. Reitsma dated May 31, 2024 , incorporated by reference to exhibit 10.2 of our Form 8-K filed June 3, 2024 10.3 Amended and Restated Employment Agreement of Scott P. Setlock effective January 1, 2024 incorporated by reference to exhibit 10.3 of our Form 8-K filed June 3, 2024 10.4 First Amendment to Amended and Restated Employment Agreement of Scott P. Setlock dated May 31, 2024 incorporated by reference to exhibit 10.4 of our Form 8-K filed June 3, 2024 31 Rule 13a-14(a) Certifications 32.1 Section 1350 Chief Executive Officer Certification 32.2 Section 1350 Chief Financial Officer Certification 101 The following financial information from Mercantile’s Quarterly Report on Form 10-Q for the quarter ended June 30, 2024, formatted in Inline XBRL (eXtensible Business Reporting Language): (i) the Consolidated Balance Sheets, (ii) the Consolidated Statements of Income, (iii) the Consolidated Statements of Comprehensive Income, (iv) the Consolidated Statements of Changes in Shareholders’ Equity, (v) the Consolidated Statements of Cash Flows, and (vi) the Notes to Consolidated Financial Statements 104 Cover Page Interactive Data File (formatted as Inline XBRL and contained in Exhibit 101) 67 Table of Contents SIGNATURES Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned, thereunto duly authorized, on August 2, 2024. MERCANTILE BANK CORPORATION By: /s/ Raymond E. Reitsma Raymond E. Reitsma President and Chief Executive Officer (Principal Executive Officer) By: /s/ Charles E. Christmas Charles E. Christmas Executive Vice President, Chief Financial Officer and Treasurer (Principal Financial and Accounting Officer) 68