SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • August 27th, 2009 • Pacwest Bancorp • National commercial banks • New York
This Securities Purchase Agreement (this “Agreement”) is dated as of August 25, 2009, between Pacwest Bancorp, a Delaware corporation (the “Company”), and each purchaser identified on the signature pages hereto (each, including its successors and assigns, a “Purchaser” and collectively the “Purchasers”).
CONFIDENTIAL PacWest Bancorp 10250 Constellation Blvd, Suite 1640 Los Angeles, CA 90067 Dear Sirs:Pacwest Bancorp • August 27th, 2009 • National commercial banks • New York
This letter (the “Agreement”) constitutes the agreement between Rodman & Renshaw, LLC (“Rodman” or the “Placement Agent”) and PacWest Bancorp (the “Company”), that Rodman shall serve as the exclusive placement agent for the Company, on a “reasonable best efforts” basis, in connection with the proposed placement, to close no later than August 28, 2009 (the “Placement”), of registered securities of the Company, consisting of shares (the “Shares”) of the Company’s common stock, par value $0.01 per share (the “Common Stock”), warrants to purchase shares of Common Stock (the “Warrants”) and the shares of Common Stock issuable upon exercise of the Warrants (together with the Shares and the Warrants, the “Securities”). The terms of such Placement and the Securities shall be mutually agreed upon by the Company and the purchasers (each, a “Purchaser” and, collectively, the “Purchasers”) and Rodman shall not, and nothing herein implies that Rodman would, have the power or authority to bind the C
