0001071992-09-000051 Sample Contracts

● Shares CAPITAL BANK CORPORATION Common Stock, no par value per share FORM OF UNDERWRITING AGREEMENT
Underwriting Agreement • December 4th, 2009 • Capital Bank Corp • State commercial banks • New York

Sandler O’Neill & Partners, L.P., as Representative of the Underwriters named in Schedule I hereto, 919 Third Avenue, 6th Floor New York, New York 10022

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