GUARANTEE AGREEMENT by and between FINANCIAL INVESTORS OF THE SOUTH, INC. and WILMINGTON TRUST COMPANY Dated as of September 15, 2005Guarantee Agreement • October 5th, 2005 • CapitalSouth Bancorp • New York
This GUARANTEE AGREEMENT (this “Guarantee”), dated as of September 15, 2005, is executed and delivered by Financial Investors of the South, Inc., a Delaware corporation (the “Guarantor”), and Wilmington Trust Company, a Delaware banking corporation, as trustee (the “Guarantee Trustee”), for the benefit of the Holders (as defined herein) from time to time of the Capital Securities (as defined herein) of Financial Investors Statutory Trust II, a Delaware statutory trust (the “Issuer”).
AMENDMENT NO. 1 TO INCORPORATOR’S STOCK OPTION AGREEMENT BY AND BETWEEN FINANCIAL INVESTORS OF THE SOUTH, INC. ANDIncorporator’s Stock Option Agreement • October 5th, 2005 • CapitalSouth Bancorp
THIS AMENDMENT NO. 1 to Incorporator’s Stock Option Agreement, dated as of the day of March, 2003, by and between Financial Investors of the South, Inc., a Delaware corporation (“FIS”), and W. Dan Puckett (“Optionholder”).
LIFE INSURANCE ENDORSEMENT METHOD SPLIT DOLLAR PLAN AGREEMENTSplit Dollar Life Insurance Agreement • October 5th, 2005 • CapitalSouth Bancorp
FINANCIAL INVESTORS OF THE SOUTH, INC. STOCK OPTION AGREEMENTStock Option Agreement • October 5th, 2005 • CapitalSouth Bancorp • Alabama
THIS STOCK OPTION AGREEMENT (this “Agreement”) is made and entered into effective as of the _____ day of ____________, _______, by and between FINANCIAL INVESTORS OF THE SOUTH, INC., a Delaware corporation (the “Company”), and __________________________________ (the “Optionee”), pursuant to the Financial Investors of the South 1994 Stock Incentive Plan (the “Plan”).
ContractStock Option Agreement • October 5th, 2005 • CapitalSouth Bancorp • Alabama
THIS STOCK OPTION AGREEMENT, THE OPTIONS EVIDENCED HEREBY AND THE COMMON STOCK TO WHICH THEY RELATE HAVE NOT BEEN REGISTERED UNDER THE UNITED STATES SECURITIES ACT OF 1933 AND THE ALABAMA SECURITIES ACT (THE “SECURITIES ACTS”) BUT HAVE BEEN ISSUED PURSUANT TO AN EXEMPTION FROM SUCH REGISTRATION AND MAY NOT BE SOLD, TRANSFERRED, PLEDGED, HYPOTHECATED OR OTHERWISE DISPOSED OF IN WHOLE OR IN PART EXCEPT IN ACCORDANCE WITH THE TERMS OF THIS STOCK OPTION AGREEMENT AND UNLESS REGISTERED OR EXEMPTED FROM REGISTRATION UNDER THE SECURITIES ACTS.
DIRECTOR SUPPLEMENTAL RETIREMENT PROGRAM DIRECTOR AGREEMENTDirector Agreement • October 5th, 2005 • CapitalSouth Bancorp • Alabama
This Agreement, made and entered into this 4th day of August, 1998, by and between the Bank of Alabama, a Bank organized and existing under the laws of the State of Alabama hereinafter referred to as “the Bank”, and ____________________________, a member of the Board of Directors of the Bank, hereinafter referred to as “the Director”.
EXECUTIVE SUPPLEMENTAL RETIREMENT PLAN AGREEMENTExecutive Supplemental Retirement Plan Agreement • October 5th, 2005 • CapitalSouth Bancorp • Alabama
This Agreement, made and entered into this 4th day of August, 1998, by and between the Bank of Alabama, a Bank organized and existing under the laws of the State of Alabama hereinafter referred to as “the Bank,” and , a Key Employee and the Executive of the Bank, hereinafter referred to as “the Executive.”
FINANCIAL INVESTORS OF THE SOUTH, INC. STOCK OPTION AGREEMENTStock Option Agreement • October 5th, 2005 • CapitalSouth Bancorp • Alabama
THIS STOCK OPTION AGREEMENT (this “Agreement”) is made and entered into effective as of the 15th day of November, 2004, by and between FINANCIAL INVESTORS OF THE SOUTH, INC., a Delaware corporation (the “Company”), and __________________________________ (the “Optionee”), pursuant to 2004 Incentive Stock Option Plan (the “Plan”) of the Company.
