CMS BANCORP, INC. (a Delaware Corporation) Up to 1,725,000 Shares (Subject to Increase Up to 1,983,750 Shares) COMMON STOCK ($0.01 Par Value) Subscription Price $10.00 Per Share AGENCY AGREEMENT February , 2007Agency Agreement • January 19th, 2007 • CMS Bancorp, Inc. • Savings institutions, not federally chartered • New York
CMS Bancorp, Inc., a Delaware corporation (the “Company”) and Community Mutual Savings Bank, a New York chartered mutual savings bank (the “Bank”) (references to the “Bank” include the Bank as a New York chartered savings bank and as a federally chartered savings bank and in the mutual or stock form, as indicated by the context) (collectively, the “Primary Parties”) hereby confirm, jointly and severally, their agreement with Ryan Beck & Co., Inc. (the “Agent”), as follows:
