Common use of Sale of the Capital Securities Clause in Contracts

Sale of the Capital Securities. Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Company and the Trust jointly and severally hereby appoint you as placement agent (the "Placement Agent"), and you hereby accept such appointment, to act as the agent of the Company and the Trust, in connection with the offering of the Capital Securities contemplated hereby, for the purpose of soliciting offers and sales of the Capital Securities from the Purchaser (as defined below). You agree to use your best efforts, subject to the terms and conditions of this Agreement, on or prior to the Closing Date, to effect such placement of the Capital Securities with an aggregate stated liquidation amount of $10,000,000 at a purchase price equal to 100% of the stated liquidation amount thereof. The Company and the Trust propose to issue and sell the Capital Securities on the Closing Date to TPref Funding III, Ltd., a newly formed company with limited liability established under the laws of the Cayman Islands (the "Purchaser"), pursuant to the terms of the Capital Securities Subscription Agreement, to be entered into on or prior to the Closing Date (the "Capital Securities Subscription Agreement"), between the Company, the Trust and the Purchaser. The Company and the Trust agree to execute the Capital Securities Subscription Agreement with the Purchaser and to return the same to you. In addition, the Company and the Trust agree that the Purchaser shall be entitled to the benefit of, and to rely on, the provisions of this Agreement to the extent such provisions address or relate to the Purchaser or the Capital Securities to be purchased by the Purchaser. No Placement Agent shall, in fulfilling its obligations hereunder, act as an underwriter for the Capital Securities nor is in any way obligated, directly or indirectly, to advance its own funds to purchase any Capital Securities. If the sale and delivery of the Capital Securities as provided herein is consummated, the Company will pay to you on the Closing Date a commission per Capital Security equal to 3.00% of the stated liquidation amount thereof. Any payment pursuant to this Section 2 shall be made by wire transfer in immediately available funds to the U.S. account designated in writing by the party entitled to receive such payment. The distribution rate of the Capital Securities, as of the date hereof, is the Floating Rate. Under certain circumstances, the distribution rate of the Capital Securities may be reduced pursuant to a written agreement among you, the Purchaser and the Company made prior to the Closing Date.

Sale of the Capital Securities. Subject to the terms and conditions of this Agreement and in reliance upon the representations and warranties herein set forth, the Company and the Trust jointly and severally hereby appoint you as placement agent (the "“Placement Agent"”), and you hereby accept such appointment, to act as the agent of the Company and the Trust, in connection with the offering of the Capital Securities contemplated hereby, for the purpose of soliciting offers and sales of the Capital Securities from the Purchaser (as defined below). You agree to use your best efforts, subject to the terms and conditions of this Agreement, on or prior to the Closing Date, to effect such placement of the Capital Securities with an aggregate stated liquidation amount of $10,000,000 20,000,000 at a purchase price equal to 100% of the stated liquidation amount thereof. The Company and the Trust propose to issue and sell the Capital Securities on the Closing Date to TPref Funding IIISCP Structured Fund I, Ltd., a newly formed company with limited liability established under the laws of the Cayman Islands (the "“Purchaser"”), pursuant to the terms of the Capital Securities Subscription Agreement, to be entered into on or prior to the Closing Date (the "“Capital Securities Subscription Agreement"”), between among the Company, the Trust and the Purchaser. The Company and the Trust agree to execute the Capital Securities Subscription Agreement with the Purchaser and to return the same to you. In addition, the Company and the Trust agree that the Purchaser (and any subsequent transferee that is an entity that holds a pool of trust preferred securities, debt securities and/or similar securities or a trustee thereof (a “Subsequent Pooled Trust Vehicle”)) shall be entitled to the benefit of, and to rely on, the provisions of this Agreement to the extent such provisions address or relate to the Purchaser or the Capital Securities to be purchased by the PurchaserSecurities. No Placement Agent shall, in fulfilling its obligations hereunder, act as an underwriter for the Capital Securities nor is in any way obligated, directly or indirectly, to advance its own funds to purchase any Capital Securities. If Whether or not the sale and delivery of the Capital Securities as provided herein is consummated, the Company will not be obligated to pay to you on the Closing Date a any commission per Capital Security equal to 3.00% of the stated liquidation amount thereof. Any payment pursuant to this Section 2 shall be made by wire transfer or other compensation in immediately available funds to the U.S. account designated in writing by the party entitled to receive such paymentconnection therewith. The distribution rate of the Capital Securities, as of the date hereof, is the Floating Rate. Under certain circumstances, the distribution rate of the Capital Securities may be reduced pursuant to a written agreement among you, the Purchaser and the Company made prior to the Closing Date.

Sale of the Capital Securities. Subject to the terms and conditions of this Agreement and in reliance upon the representations and warranties herein set forth, the Company and the Trust jointly and severally hereby appoint you as placement agent (the "Placement Agent"), and you hereby accept such appointment, to act as the agent of the Company and the Trust, in connection with the offering of the Capital Securities contemplated hereby, for the purpose of soliciting offers and sales of the Capital Securities from the Purchaser (as defined below). You agree to use your best efforts, subject to the terms and conditions of this Agreement, on or prior to the Closing Date, to effect such placement of the Capital Securities with an aggregate stated liquidation amount of $10,000,000 9,200,000 at a purchase price equal to 100% of the stated liquidation amount thereof. The Company and the Trust propose to issue and sell the Capital Securities on the Closing Date to TPref Funding III, Ltd.SCP Warehouse, a newly formed company with limited liability established under the laws of the Cayman Islands (the "Purchaser"), pursuant to the terms of the Capital Securities Subscription Agreement, to be entered into on or prior to the Closing Date (the "Capital Securities Subscription Agreement"), between the Company, the Trust and the Purchaser. The Company and the Trust agree to execute the Capital Securities Subscription Agreement with the Purchaser and to return the same to you. In addition, the Company and the Trust agree that the Purchaser (and any subsequent transferee that is an entity that holds a pool of trust preferred securities, debt securities and/or similar securities or a trustee thereof (a "Subsequent Pooled Trust Vehicle")) shall be entitled to the benefit of, and to rely on, the provisions of this Agreement to the extent such provisions address or relate to the Purchaser or the Capital Securities to be purchased by the PurchaserSecurities. No Placement Agent shall, in fulfilling its obligations hereunder, act as an underwriter for the Capital Securities nor is in any way obligated, directly or indirectly, to advance its own funds to purchase any Capital Securities. If the sale and delivery of the Capital Securities as provided herein is consummated, the Company will pay to you on the Closing Date a commission per Capital Security equal to 3.000.00% of the stated liquidation amount thereof. Any payment pursuant to this Section 2 shall be made by wire transfer in immediately available funds to the U.S. account designated in writing by the party entitled to receive such payment. The distribution rate of the Capital Securities, as of the date hereof, is the Fixed/Floating Rate. Under certain circumstances, the distribution rate of the Capital Securities may be reduced pursuant to a written agreement among you, the Purchaser and the Company made prior to the Closing Date.

Sale of the Capital Securities. Subject to the terms and conditions conditions, and in reliance upon the representations and warranties herein set forth, the Company and the Trust jointly and severally hereby appoint you SunTrust Capital Markets, Inc., a Tennessee corporation, as placement agent (the "Placement Agent")agent, and you the Placement Agent hereby accept accepts such appointment, to act as the agent of the Company and the Trust, in connection with the offering of the Capital Securities contemplated hereby, for the purpose of soliciting offers from and sales of the Capital Securities from to the Purchaser (as defined below). You agree The Placement Agent agrees to use your its best efforts, subject to the terms and conditions of this Agreement, on or prior to the Closing Date, to effect such placement of the Capital Securities with an aggregate stated liquidation amount of $10,000,000 at a purchase price equal to 100% of the stated liquidation amount thereof. The Company and the Trust propose to issue and sell the Capital Securities on the Closing Date to TPref Funding IIISTI Investment Management, Ltd.Inc., a newly formed company with limited liability established under the laws of the Cayman Islands Delaware corporation (the "Purchaser"), pursuant to the terms of the Capital Securities Subscription Agreement, to be entered into on or prior to the Closing Date (the "Capital Securities Subscription Agreement"), between the Company, the Trust and the Purchaser. The Company and the Trust agree to execute the Capital Securities Subscription Agreement with the Purchaser and to return the same to youthe Placement Agent. In addition, the Company and the Trust agree that the Purchaser shall be entitled to the benefit of, and to rely on, the provisions of this Agreement to the extent such provisions address or relate to the Purchaser or the Capital Securities to be purchased by the Purchaser. No Placement Agent shall, in fulfilling its obligations hereunder, act as an underwriter for the Capital Securities nor is in any way obligated, directly or indirectly, to advance its own funds to purchase any Capital Securities. If the sale and delivery of the Capital Securities as provided herein is consummated, the Company will pay to you the Placement Agent on the Closing Date a commission per Capital Security equal to 3.002.5% of the stated liquidation amount thereof. Any payment pursuant to this Section 2 shall be made by wire transfer in immediately available funds delivered to the U.S. account State Street Bank or such other person designated in writing by the party entitled to receive such paymentPlacement Agent on the Closing Date. The distribution rate of the Capital Securities, as of the date hereof, is the Floating Coupon Rate. Under certain circumstances, the distribution rate of the Capital Securities may be reduced pursuant to a written agreement among youthe Placement Agent, the Purchaser and the Company made prior to the Closing Date.

Sale of the Capital Securities. Subject to the terms and conditions and ------------------------------ in reliance upon the representations and warranties herein set forth, the Company and the Trust jointly and severally hereby appoint you as placement agent (the "Placement Agent"), and you hereby accept such appointment, to act as the agent of the Company and the Trust, in connection with the offering of the Capital Securities contemplated hereby, for the purpose of soliciting offers and sales of the Capital Securities from the Purchaser (as defined below). You agree to use your best efforts, subject to the terms and conditions of this Agreement, on or prior to the Closing Date, to effect such placement of the Capital Securities with an aggregate stated liquidation amount of $10,000,000 $ 4,000,000 at a purchase price equal to 100% of the stated liquidation amount thereof. The Company and the Trust propose to issue and sell the Capital Securities on the Closing Date to TPref MM Community Funding III, Ltd.Ltd, a newly formed company with limited liability established under the laws of the Cayman Islands (the "Purchaser"), pursuant to the terms of the Capital Securities Subscription Agreement, to be entered into on or prior to the Closing Date (the "Capital Securities Subscription Agreement"), between the Company, the Trust and the Purchaser. The Company and the Trust agree to execute the Capital Securities Subscription Agreement with the Purchaser and to return the same to you. In addition, the Company and the Trust agree that the Purchaser shall be entitled to the benefit of, and to rely on, the provisions of this Agreement to the extent such provisions address or relate to the Purchaser or the Capital Securities to be purchased by the Purchaser. No Placement Agent shall, in fulfilling its obligations hereunder, act as an underwriter for the Capital Securities nor is in any way obligated, directly or indirectly, to advance its own funds to purchase any Capital Securities. If the sale and delivery of the Capital Securities as provided herein is consummated, the Company will pay to you on the Closing Date a commission per Capital Security equal to 3.00% of the stated liquidation amount thereof. Any payment pursuant to this Section 2 shall be made by wire transfer in immediately available funds to the U.S. account designated in writing by the party entitled to receive such payment. The distribution rate of the Capital Securities, as of the date hereof, is the Floating Rate. Under certain circumstances, the distribution rate of the Capital Securities may be reduced pursuant to a written agreement among you, the Purchaser and the Company made prior to the Closing Date.