0001144204-09-028272 Sample Contracts

2,800,000 Shares Smithtown Bancorp, Inc. Common Stock par value $0.01 per share Underwriting Agreement
Underwriting Agreement • May 19th, 2009 • Smithtown Bancorp Inc • State commercial banks • New York

Smithtown Bancorp, Inc., a New York corporation (the “Company”), proposes, subject to the terms and conditions stated herein, to issue and sell to Sandler O’Neill & Partners, L.P. (the “Underwriter”) an aggregate of 2,800,000 shares (the “Firm Shares”) and, at the election of the Underwriter, up to 200,000 additional shares (the “Optional Shares”) of the common stock, par value $0.01 per share (“Stock”), of the Company (the Firm Shares and the Optional Shares that the Underwriter elects to purchase pursuant to Section 2 hereof being collectively called the “Shares”).

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