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EX-99.1 - PRESS RELEASE - Bank of the Carolinas CORPdex991.htm

 

 

SECURITIES AND EXCHANGE COMMISSION

WASHINGTON, D.C. 20549

 

 

Form 8-K

 

 

CURRENT REPORT

Pursuant to Section 13 or 15(d) of the

Securities Exchange Act of 1934

Date of Report (Date of earliest event reported): February 18, 2011

 

 

BANK OF THE CAROLINAS CORPORATION

(Exact name of Registrant as specified in its charter)

 

 

 

NORTH CAROLINA   000-52195   20-4989192

(State or other jurisdiction

of incorporation)

 

(Commission

File No.)

 

(IRS Employer

Identification number)

 

135 BOXWOOD VILLAGE DRIVE, MOCKSVILLE, NORTH CAROLINA   27028
(Address of principal executive offices)   (Zip Code)

Registrant’s telephone number, including area code: (336) 751-5755

 

 

Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions:

 

¨ Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)

 

¨ Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)

 

¨ Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))

 

¨ Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))

 

 

 


Item 8.01 Other Events

On February 18, 2011, Bank of the Carolinas Corporation (the “Company”) issued a press release announcing that it has notified the United States Department of the Treasury of its intent to defer the payment of its regular quarterly cash dividends on its Fixed Rate Cumulative Perpetual Preferred Stock, Series A, issued to the Treasury in connection with the Company’s participation in the Treasury’s TARP Capital Purchase Program.

The Company also announced its election to defer its regularly scheduled March 2011 interest payment on its junior subordinated debentures related to outstanding trust preferred securities.

A copy of the Company’s press release is included herewith as exhibit 99.1 and is incorporated by reference herein.

 

Item 9.01 Financial Statements and Exhibits

 

  (d) Exhibits

 

Exhibit No.

  

Description of Exhibit

99.1    Press Release dated February 18, 2011, regarding the Company’s Deferral of Dividends on TARP Preferred Stock and Deferral of Interest Payments on Junior Subordinated Debentures

This Current Report on Form 8-K (including information included or incorporated by reference herein) may contain, among other things, certain forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995, including, without limitation, (i) statements regarding certain of Registrant’s goals and expectations with respect to earnings, income per share, revenue, expenses and the growth rate in such items, as well as other measures of economic performance, including statements relating to estimates of credit quality trends, and (ii) statements preceded by, followed by or that include the words “may,” “could,” “should,” “would,” “believe,” “anticipate,” “estimate,” “expect,” “intend,” “plan,” “projects,” “outlook” or similar expressions. These statements are based upon the current belief and expectations of Registrant’s management and are subject to significant risks and uncertainties that are subject to change based on various factors (many of which are beyond Registrant’s control).


SIGNATURES

Pursuant to the requirements of the Securities Exchange Act of 1934, the Registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.

 

BANK OF THE CAROLINAS CORPORATION
By:  

/s/ Eric E. Rhodes

  Eric E. Rhodes
  Executive Vice President and Chief Financial Officer

Dated: February 18, 2011