0001193125-08-069203 Sample Contracts

GUARANTEE AGREEMENT BANK OF THE CAROLINAS CORPORATION Dated as of March 26, 2008
Guarantee Agreement • March 28th, 2008 • Bank of the Carolinas CORP • National commercial banks • New York

This GUARANTEE AGREEMENT (the “Guarantee”), dated as of March 26, 2008, is executed and delivered by Bank of the Carolinas Corporation, incorporated in North Carolina (the “Guarantor”), and Wells Fargo Bank, National Association, 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 Bank of the Carolinas Trust I, a Delaware statutory trust (the “Issuer”).

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