HCSB FINANCIAL CORPORATION REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • April 13th, 2016 • Castle Creek Capital Partners VI, LP • Savings institution, federally chartered • New York
VCOC Letter Agreement HCSB Financial Corporation 5009 Broad Street Loris, SC 29569 April 11, 2016Vcoc Letter Agreement • April 13th, 2016 • Castle Creek Capital Partners VI, LP • Savings institution, federally chartered • New York
Reference is made to the Stock Purchase Agreement by and between HCSB Financial Corporation, a South Carolina corporation (the “Corporation”), and Castle Creek Capital Partners VI, L.P., a Delaware limited partnership (the “VCOC Investor”), dated as of March 2, 2016 (the “Stock Purchase Agreement”), pursuant to which the VCOC Investor agreed to purchase from the Corporation shares of its voting common stock, $0.01 par value per share (the “Common Stock”), and shares of its Series A Convertible Perpetual Preferred Stock, $0.01 par value per share (the “Series A Preferred Stock”). Capitalized terms used herein without definition shall have the respective meanings in the Stock Purchase Agreement.
JOINT FILING AGREEMENTJoint Filing Agreement • April 13th, 2016 • Castle Creek Capital Partners VI, LP • Savings institution, federally chartered
The undersigned hereby agree that this Schedule 13D, dated April 12, 2016, with respect to the common stock, par value $0.01 per share, of HCSB Financial Corporation, a South Carolina corporation, is, and any amendments hereto signed by each of the undersigned shall be, filed on behalf of each of us pursuant to and in accordance with the provisions of Rule 13d-1(k) under the Securities Exchange Act of 1934, as amended.
Castle Creek Side Letter HCSB Financial Corporation Loris, SC 29569 April 11, 2016Castle Creek Capital Partners VI, LP • April 13th, 2016 • Savings institution, federally chartered • New York
Reference is made to that certain Stock Purchase Agreement, dated as March 2, 2016 (the “Purchase Agreement”), between HCSB Financial Corporation, a South Carolina corporation (the “Company”), and the purchasers identified on the signature pages thereto (the “Purchasers”). In connection with the execution and delivery of the Purchase Agreement, the Company and Castle Creek Capital Partners, VI, L.P. (“Castle Creek”) are contemporaneously entering into this agreement (the “Side Letter Agreement”) and, as such, the parties hereto acknowledge and agree that this Side Letter Agreement shall remain in full force and effect notwithstanding the execution and delivery of the Purchase Agreement. Capitalized terms used herein and not otherwise defined herein shall have the meanings ascribed to such terms in the Purchase Agreement.
