Exhibit 2.2: List of Schedules Omitted from Merger Agreement between 1st State Bancorp, Inc. and Capital Bank Corporation

Summary

This document lists the schedules that were omitted from the Merger Agreement between 1st State Bancorp, Inc. and Capital Bank Corporation, which is referenced as Exhibit 2.1. The registrant agrees to provide any omitted schedule to the SEC upon request, with the option to request confidential treatment for certain items. The omitted schedules pertain to various disclosures and covenants related to liabilities, environmental matters, compliance, employee benefits, contracts, legal proceedings, related party transactions, commissions, and tax matters.

EX-2.2 3 ex2-2.txt Exhibit 2.2 List of Schedules Omitted from the Merger Agreement Included as Exhibit 2.1 Above Pursuant to Regulation S-K, Item 601(b)(2), the Schedules to the Merger Agreement included as Exhibit 2.1 above, as listed below, have not been filed. The Registrant agrees to furnish supplementally a copy of any omitted Schedule to the Securities and Exchange Commission upon request; provided, however, that the Registrant may request confidential treatment of omitted items. 1st State Bancorp, Inc. Disclosure Schedules - -------------------------------------------- Section Heading - ------- ------- 4.5 Absence of Undisclosed Liabilities 4.10(e) Environmental Matters 4.10(g) Environmental Matters 4.11(a) Compliance With Laws 4.13(a) Employee Benefit Plans 4.13(g) Employee Benefit Plans 4.13(h) Employee Benefit Plans 4.13(i) Employee Benefit Plans 4.14 Material Contracts 4.15 Legal Proceedings 4.28 Related Party Transactions 4.29 Commissions 6.1(a)(vi) Covenants 6.3(i) Covenants Capital Bank Corporation Disclosure Schedules - --------------------------------------------- Section Heading - ------- ------- 5.3 Buyer's Stock; Subsidiaries 5.4 SEC Filings; Buyer Financial Statements 5.5 Absence of Undisclosed Liabilities 5.11 Commissions 5.12 Tax Matters