0001193125-05-227262 Sample Contracts

UNDERWRITING AGREEMENT CAPITALSOUTH BANCORP SHARES OF COMMON STOCK
Underwriting Agreement • November 16th, 2005 • CapitalSouth Bancorp • State commercial banks • Alabama
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CapitalSouth Bancorp STOCK OPTION AGREEMENT PURSUANT TO THE 2005 STOCK INCENTIVE PLAN
Stock Option Agreement • November 16th, 2005 • CapitalSouth Bancorp • State commercial banks • Delaware

THIS STOCK OPTION AGREEMENT (this “Agreement”) is made and entered into as of the ___ day of November, 2005, by and between CAPITALSOUTH BANCORP (formerly known as Financial Investors of the South, Inc.), a Delaware corporation (the “Company”), and _____________________________ (the “Optionee”), pursuant to the 2005 Stock Incentive Plan (the “Plan”) of the Company. Capitalized terms not defined herein shall have the meanings set forth in the Plan.

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