0000950144-09-001776 Sample Contracts

SECURITIES PURCHASE AGREEMENT
Securities Purchase Agreement • March 2nd, 2009 • CapitalSouth Bancorp • State commercial banks • Alabama

THE SECURITIES REPRESENTED BY THIS NOTE HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (“ACT”), OR THE SECURITIES LAWS OF ANY OTHER JURISDICTION INCLUDING, WITHOUT LIMITATION, ALABAMA, AND MAY NOT BE SOLD, TRANSFERRED, PLEDGED, HYPOTHECATED OR OTHERWISE DISPOSED OF IN ANY MANNER UNLESS THEY ARE REGISTERED UNDER SUCH ACT AND THE SECURITIES LAWS OF ANY APPLICABLE JURISDICTIONS OR UNLESS PURSUANT TO AN EXEMPTION THEREFROM.

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AMENDMENT TO NON-RECOURSE INDEMNITY AND SECURITY AGREEMENT
Non-Recourse Indemnity and Security Agreement • March 2nd, 2009 • CapitalSouth Bancorp • State commercial banks • Alabama

THIS AMENDMENT TO NON-RECOURSE INDEMNITY AND SECURITY AGREEMENT (this “Amendment”), is made and entered into as of February 24, 2009, by and between CAPITALSOUTH BANK, an Alabama banking corporation (the “Bank”), and JAMES C. BOWEN, a resident of Duval County, Florida (“Bowen”), and is joined in by CAPITALSOUTH BANCORP, a Delaware corporation and a registered bank holding company (“CapitalSouth”).

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