- The issuance of contingent value rights ("CVRs") to existing shareholders prior to closing that would entitle such shareholders to receive up to $0.75 in cash per CVR at the end of a five-year period based on the credit performance of Capital Bank's existing loan portfolio;
- A closing condition requiring the repurchase or redemption of the Company's preferred stock and warrant held by the U.S. Department of the Treasury (the "Treasury") through the Company's participation in TARP, subject to the Company approaching the Treasury with a repurchase proposal and reaching an agreement with the Treasury;
- A rights offering by the Company to its legacy shareholders to acquire up to 5 million shares of the Company's common stock at $2.55 per share; and
- NAFH's right to conduct a tender offer at any time to purchase up to 5.25 million shares of the Company's common stock at a price not less than $2.55 per share.
North American Financial Holdings Agrees To Invest $181 Million In Capital Bank
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