SUBORDINATED NOTE PURCHASE AGREEMENT DATED AS OF AUGUST 22, 2008 BY AND AMONG COMMUNITYSOUTH FINANCIAL CORPORATION AND THE PURCHASERS NAMED HEREINSubordinated Note Purchase Agreement • August 28th, 2008 • CommunitySouth Financial CORP • National commercial banks • South Carolina
This SUBORDINATED NOTE PURCHASE AGREEMENT (this “Agreement”) is dated as of August 22, 2008, and entered into by and among COMMUNITYSOUTH FINANCIAL CORPORATION, a South Carolina corporation (the “Company”), and the purchasers listed on Exhibit A hereto (the “Initial Purchaser”) and any subsequent purchaser (a “Subsequent Purchaser”) who executes a counterpart of this Agreement that is accepted by the Company (each Initial Purchaser and any Subsequent Purchaser is referred to herein as a “Purchaser” and collectively, as the “Purchasers”). Capitalized terms that are not otherwise defined shall have the meanings set forth in Section 11 hereof.
ContractSubordinated Note Purchase Agreement • August 28th, 2008 • CommunitySouth Financial CORP • National commercial banks • South Carolina
THIS NOTE AND THE SUBORDINATED NOTE PURCHASE AGREEMENT REFERENCED AND INCORPORATED HEREIN IS SUBJECT TO ARBITRATION PURSUANT TO THE SOUTH CAROLINA UNIFORM ARBITRATION ACT.: SC CODE ANN. §15-48-10 ET SEQ. AND THE FEDERAL ARBITRATION ACT 9 U.S.C. 1 ET SEQ.
