EX-4.6 FORM OF RIGHTS CERTIFICATE

EX-4.6 3 g13814a2exv4w6.htm EX-4.6 FORM OF RIGHTS CERTIFICATE EX-4.6 FORM OF RIGHTS CERTIFICATE
 
Exhibit 4.6

1

 

 
DELIVERY OPTIONS FOR SUBSCRIPTION CERTIFICATE
 
     
By Mail:
Registrar and Transfer Company
P.O. BOX 645
Cranford, NJ 07016-0645
Attn: Reorg/Exchange Department 		  By Hand or Overnight Carrier:
Registrar and Transfer Company
11 Commerce Drive
Cranford, NJ 07016
Attn: Reorg/Exchange Department
 
Delivery to an address other than the address listed above will not constitute valid delivery.
Delivery by facsimile will not constitute valid delivery.
 
PLEASE PRINT ALL INFORMATION CLEARLY AND LEGIBLY
 
SECTION 1
 
IF YOU WISH TO SUBSCRIBE FOR YOUR FULL SUBSCRIPTION PRIVILEGE OR A PORTION THEREOF:
 
Basic Subscription Right
 
                 
I exercise                                         rights
  ×   [                            ]   =                                                      
(no. of your rights)
      (ratio)       (total no. of your new shares)
 
                 
Therefore, I apply for                                  
  ×   $ [                          ]   =   $                                                   
                    (no. of your new shares)
      (subscription price)       (amount enclosed)
 
Over-Subscription Privilege
 
If you fully exercise your Basic Subscription Right and wish to subscribe for additional shares, you may exercise your Over-Subscription Privilege.
 
Accordingly, my maximum Over-Subscription Privilege is:
 
                 
[                                       ]
  -                                   =                                    shares
(total no. of shares offered
in the rights offering)
      (total no. of your
new shares) 		      (your maximum
over-subscription shares)
 
Therefore, I apply for:
 
                     
                                     
  ×   $ [                           ]   =   $                                 Total Payment Required
(no. of your over-subscription
shares subscribed for)
      (subscription price)       (additional amount enclosed)  


$                          
 
For a more complete description of the terms and conditions of the Rights Offering, please refer to the Prospectus, which is incorporated herein by reference.
 
  o  Certified check drawn on a U.S. bank, or postal telegraphic or express money order payable to Registrar and Transfer Company, as Subscription Agent.
 
  o  Wire transfer of immediately available funds directly to the escrow account maintained by Registrar and Transfer Company, as Subscription Agent.
 
TO SUBSCRIBE: I acknowledge that I have received the Prospectus for this offer and I hereby irrevocably subscribe for the number of shares indicated above on the terms and conditions specified in the Prospectus. I hereby agree that if I fail to pay for the shares of Common Stock for which I have subscribed, CapitalSouth Bancorp may exercise its legal remedies against me.
 
Signature(s) of Subscriber(s)
 
IMPORTANT: THE SIGNATURES(S) MUST CORRESPOND IN EVERY PARTICULAR, WITHOUT ALTERATION, WITH THE NAME(S) AS PRINTED ON THE REVERSE OF THIS SUBSCRIPTION CERTIFICATE.
 
If signature is by trustee(s), executor(s), administrator(s), guarantor(s), attorney(s)-in-fact, agent(s), officer(s) of a corporation or another acting in a fiduciary or representative capacity, please provide the following information (please print). See the instructions.
 
     
Name(s) ­ ­
  Capacity (Full Title) ­ ­
 
Taxpayer ID # or Social Security # 
 
SECTION 2
 
SPECIAL ISSUANCE OR DELIVERY INSTRUCTIONS FOR SUBSCRIPTION RIGHTS HOLDERS
 
(a) To be completed ONLY if the certificate representing the Common Stock is to be issued in a name other than that of the registered holder. (See the Instructions) DO NOT FORGET TO COMPLETE THE GUARANTEE OF SIGNATURE(S) SECTION BELOW:
 
 
ISSUE COMMON STOCK TO:
 
     
 
(Please Print Name)
  (Print Full Address)
 
(Social Security # or Tax ID #) 
 
(b)To be completed ONLY if the certificate representing the Common Stock is to be sent to an address other than that shown on the front of this certificate. (See the Instructions). DO NOT FORGET TO COMPLETE THE GUARANTEE OF SIGNATURE(S) SECTION BELOW:
 
 
     
 
(Please Print Name)
  (Print Full Address)
 
(Social Security # or Tax ID #) 
 
GUARANTEE OF SIGNATURE(S)
 
YOU MUST HAVE YOUR SIGNATURE GUARANTEED IF YOU WISH TO HAVE YOUR SHARES DELIVERED TO AN ADDRESS OTHER THAN YOUR OWN OR TO A STOCKHOLDER OTHER THAN THE REGISTERED HOLDER.
 
Your signature must be guaranteed by an Eligible Guarantor Institution, as defined in Rule 17 Ad-15 of the Securities Exchange Act of 1934, as amended. These generally include (a) a commercial bank or trust company, (b) a member firm of a domestic stock exchange, or (c) a credit union.
 
     
Signature ­ ­(Name of Bank or Firm)
  By: ­ ­(Signature of Officer)