0000840264-11-000055 Sample Contracts

Tax Benefits Preservation Plan Capitol Bancorp Ltd. and Mellon Investor Services LLC, as Rights Agent Dated as of July 21, 2011
Tax Benefits Preservation Plan • July 25th, 2011 • Capitol Bancorp LTD • National commercial banks • New York

This Tax Benefits Preservation Plan (this “Plan”), dated as of July 21, 2011 between Capitol Bancorp Ltd., a Michigan corporation (the “Company”), and Mellon Investor Services LLC (operating with the service name BNY Mellon Shareowner Services), a New Jersey limited liability company (the “Rights Agent”).

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