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FORM OF COMMON STOCK PURCHASE WARRANT

Warrant Agreement

FORM OF COMMON STOCK PURCHASE WARRANT | Document Parties: ES BANCSHARES, INC. You are currently viewing:
This Warrant Agreement involves

ES BANCSHARES, INC.

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Title: FORM OF COMMON STOCK PURCHASE WARRANT
Governing Law: Maryland     Date: 4/10/2007

FORM OF COMMON STOCK PURCHASE WARRANT, Parties: es bancshares  inc.
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Exhibit 4.3

 

 

 

 

 

 

 

 

 

 

            No.            

 

  

Common Stock Purchase Warrant

Unless Extended By The Company This Warrant Expires

At 5:00 P.M., New York Time on June 28, 2008

  

Warrants

 

 

 

 

 

 

 

  

 

  

 

ES Bancshares, Inc.

  

 

  

 

C OMMON  S TOCK

P URCHASE  W ARRANTS

 

 

 

 

  

O RGANIZED  U NDER  T HE  L AWS  O F   THE  S TATE   OF   MARYLAND

  

CUSIP :                      

 

THIS CERTIFIES THAT:

IS THE OWNER OF

Common Stock Purchase Warrants, each of which entitles the owner thereof to purchase One fully paid and nonassesable share (subject to adjustment and hereinafter referred to) of the $5.00 par value Common Stock of ES Bancshares, Inc., upon surrender of this Warrant Certificate, duly endorsed on the reverse hereof, together with payment in full of the purchase price in lawful money of the United States of America, at the principal office of the Company or its Warrant Agent. Warrants may be exercised until 5:00 P.M., New York time on June 28, 2008 or such later date as may hereinafter be designated by the Company (the “Expiration Date”). The Purchase Price payable upon exercise of a Warrant (the “Purchase Price”) shall be at $12.50 and, commencing on April 15, 2007, $10.00 per share. The Purchase Price shall be tendered with the properly completed and executed Form of Election on the reverse hereof, in cash or by bank teller’s check or personal check, all of which shall be payable to the order of the Company and are accepted subject to collection. In the event that upon any exercise of Warrants evidenced hereby the number of Warrants exercised shall be less than the total number of Warrants evidenced hereby, there shall be issued to the holder hereof, a new Warrant Certificate, in all respects similar to this Warrant Certificate, evidencing the number of Warrants not then exercised. This and similar Warrant Certificates when surrendered for partial exercise by the registered holder hereof or by his/her duly authorized attorney or representative may be exchanged, without payment of any service charge, for a replacement certificate evidencing in the aggregate the number of Warrants then representing unexercised. Prior to due presentment for registration of transfer of this Warrant Certificate, the Company may deem and treat the registered holder hereof as the absolute Owner of this Warrant Certificate (notwithstanding any position of ownership or other writing hereof made by anyone other than the Company or its Warrant Agent) for the purpose of any exercise hereof and for all other purposes, and neither the Company nor the Warrant Agent shall be affected by any notice to the contrary. In the event that the transfer books for the Company’s Common Stock are closed, for any reason whatsoever, the Company and the Warrant Agent shall not be required to make delivery of certificates for Common Stock, until the date of the reopening of said transfer books. No shares of Common Stock shall be issued pursuant to the exercise of Warrants unless such issuance and such exercise shall comply with all relevant provisions of law.

The Warrants evidenced hereby may not be exercised after the Expiration Date and to the extent not exercised by such time, all Warrants evidenced hereby shall become null and void. During the exercise period, including any extended period, the Company ag


 
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