SUBORDINATED NOTE PURCHASE AGREEMENT DATED AS OF MARCH 29, 2010 BY AND AMONG HCSB FINANCIAL CORPORATION AND THE PURCHASERS NAMED HEREINSubordinated Note Purchase Agreement • April 23rd, 2010 • HCSB Financial Corp • Savings institution, federally chartered • South Carolina
This SUBORDINATED NOTE PURCHASE AGREEMENT (this “Agreement”) is dated as of March 29, 2010, and entered into by and among HCSB 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.
ContractHCSB Financial Corp • April 23rd, 2010 • Savings institution, federally chartered • 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.
