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EXHIBIT 10.43
August 9, 2004
SunTrust Robinson Humphrey
Attn: Jonathan Hagan
3333 Peachtree Road, NE
11 th Floor
Atlanta, Georgia 30326
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Re:
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Community
Capital Corp. Rule 10b5-1 Plan for Share Repurchases
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This letter will authorize
SunTrust Robinson Humphrey (“SunTrust”) (acting as
agent) to purchase shares of Community Capital Corp.
(“Purchaser”) common stock, par value $1.00 per share
(the “Common Stock”) on behalf of Purchaser pursuant to
the following instructions:
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1.
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Shares of the
Common Stock may be purchased up to the quantity and purchase price
level specified from time to time in Schedule A to this
letter.
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2.
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Shares of the
Common Stock will be purchased in accordance with the requirements
of Rule 10b-18(b) of the Securities Exchange Act of 1934, as
amended (the “Exchange Act”).
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3.
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Shares will be
purchased according to the instructions set forth in this letter
and in Schedule A.
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4.
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Repurchased
shares will be transferred to Purchaser’s transfer agent,
Registrar & Transfer Company, every settlement day following a
purchase made pursuant to this letter, or on such other day or days
as Purchaser may instruct. Any questions regarding this procedure
should be directed to Purchaser’s Mary “Lee Lee”
M. Lee at 864-941-8242.
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5.
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Reports will be
provided to Purchaser every day that purchases are made by
telephone, email or fax to Purchaser’s representatives listed
on Schedule B showing with respect to each transaction effected on
behalf of Purchaser the date, price and number of shares
acquired.
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6.
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Purchaser shall
pay SunTrust $.05 per share for stock purchased; such amount to be
added by SunTrust to the principal purchase price for securities
purchased under this letter of instructions.
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7.
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Purchaser
intends that the instructions in this letter, including Schedule A,
and the transactions effected pursuant thereto, comply in all
respects with the requirements of Rule 10b5-1 under the Exchange
Act and any interpretations of this rule published by the
Securities and Exchange Commission and its staff.
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8.
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Purchaser
understands that SunTrust may not be able to effect a Common Stock
purchase due to a market disruption or a legal, regulatory or
contractual restriction applicable to SunTrust. If any purchase
cannot be executed as required by this letter, due to a market
disruption, a legal, regulatory or contractual restriction
applicable to SunTrust or any other event, SunTrust agrees to
effect such purchase as promptly as practical after the cessation
or termination or such market disruption, applicable restriction,
or other event, subject to the instructions set forth in this
letter and in Schedule A. In the event that SunTrust is unable to
effect a Common Stock purchase for the reasons set forth in this
paragraph, SunTrust will promptly notify
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