OBA FINANCIAL SERVICES, INC. up to 4,025,000 Shares (subject to increase up to 4,628,750 shares) COMMON SHARES ($0.01 Par Value) Subscription Price $10.00 Per Share AGENCY AGREEMENT November ____, 2009Agency Agreement • October 30th, 2009 • OBA Financial Services, Inc. • Savings institution, federally chartered • New York
Contract Type FiledOctober 30th, 2009 Company Industry JurisdictionPlan, the Registration Statement and the Prospectus, will be duly and validly issued and fully paid and non-assessable, except for shares purchased by the ESOP with funds borrowed from the Company to the extent payment therefore in cash has not been received by the Company; except to the extent that subscription rights and priorities pursuant thereto exist pursuant to the Plan, the issuance of the Shares is not subject to preemptive rights (other than subscription rights as provided in the Plan). The Shares will not, when issued, be subject to any preemptive rights, liens, charges, encumbrances or other claims created by the Company.