UP TO 4,156,250 SHARES OF COMMON STOCK OF TOUCHMARK BANCSHARES, INC. AGENCY AGREEMENTAgency Agreement • February 1st, 2008 • Touchmark Bancshares, Inc. • Commercial banks, nec • Texas
Touchmark Bancshares, Inc., a Georgia corporation (formerly Touchstone Bancshares, Inc.) (the “Company”), and Touchmark National Bank, a national banking association in organization (the “Bank”), proposes, subject to the terms and conditions stated herein, to engage SAMCO Capital Markets, Inc. (the “Agent” or “you”) as agent of the Company, to assist in the sale on a “best efforts” basis of a minimum of 3,125,000 and up to a maximum of 4,156,250 shares of the Company’s common stock (the “Common Stock”), $.01 par value per share (the “Shares”) for $10.00 per share.
