0001193125-15-189818 Sample Contracts

FIRST AMENDMENT TO TAX BENEFITS PRESERVATION PLAN
Benefits Preservation Plan • May 15th, 2015 • Bank of the Carolinas CORP • National commercial banks

THIS FIRST AMENDMENT (this “Amendment”) to the Tax Benefits Preservation Plan (the “Plan”), dated as of July 11, 2014 between Bank of the Carolinas Corporation, a corporation organized under the laws of the State of North Carolina (the “Company”) and Broadridge Corporate Issuer Solutions, Inc. (the “Rights Agent”) is effective as of 12:00 p.m., eastern time on May 6, 2015. All capitalized terms not otherwise defined in this Amendment shall have the respective meanings ascribed to them in the Plan.

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