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TRIDENT BANCSHARES, INC. WARRANT AGREEMENT

Warrant Agreement

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TRIDENT BANCSHARES, INC.

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Title: TRIDENT BANCSHARES, INC. WARRANT AGREEMENT
Date: 9/3/2008

TRIDENT BANCSHARES, INC. WARRANT AGREEMENT, Parties: trident bancshares  inc.
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EXHIBIT 4.4

(For Type II Warrants)

TRIDENT BANCSHARES, INC.

WARRANT AGREEMENT

THIS WARRANT AGREEMENT (the “Warrant Agreement”) is made and entered into effective as of the      day of                     , 200   by and between TRIDENT BANCSHARES, INC. (the “Company”) and                      [NAME], a resident of the State of Georgia (the “Warrantholder”).

WHEREAS, the Warrantholder was an organizer of the Company and has placed assets at risk to fund the organizational expenses in expectation of being granted warrants to purchase common stock of the Company; and

WHEREAS, the Company hereby grants warrants to the Warrantholder on the terms and conditions hereinafter stated as compensation for the financial risk borne by the Warrantholder during the organizational phase of the Company;

NOW, THEREFORE, this Warrant Agreement is entered into by the Company and the Warrantholder with the following terms:

 

1.

Warrant .

The Company hereby grants to the Warrantholder warrants (the “Warrants”) to purchase              shares (the “Shares”) of the common stock, $[            ] par value (the “Common Stock”), of the Company in accordance with the terms and subject to the restrictions hereinafter set forth.

 

2.

Termination .

The Warrants have been granted on the date of this Warrant Agreement and shall terminate on                     , 201   [10 YEARS FROM GRANT DATE] .

 

3.

Exercise of Warrants .

The Warrants shall be exercised, in whole or in part, by written notice directed to the Secretary of the Company at the Company’s main office or at such other address as the Company shall have notified the Warrantholder in writing. Such written notice shall be accompanied by payment in full in cash for the number of Shares specified in such written notice. In the event of the Warrantholder’s death or mental incapacity, the Warrants may be exercised by the Warrantholder’s personal representative. No fractional shares will be issued upon exercise of Warrants, but the Company will pay the cash value of any fractional shares otherwise issuable.

 

4.

Vesting .

The Warrants shall be immediately exercisable.

 

1


Form Warrant Agreement (Type II)

Page 2 of 3

 

5.

Warrant Price .

The price per share at which Shares may be purchased pursuant to exercise of the Warrants (the “Warrant Price”) shall be $10.00 (which amount has been determined by the Board to be the fair market value per share of the Common Stock on the date that these Warrants are granted).

 

6.

Exercise or Forfeiture of Warrants Upon Certain Conditions .

The Company may require the Warrantholder to exercise or forfeit his or her Warrants in the event that the Company is directed to do so by the Office of the Comptroller of the Currency (“OCC”) or the Fede


 
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