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EX-4.1 - EX-4.1 - Bank of the Carolinas CORPd758411dex41.htm

 

 

UNITED STATES

SECURITIES AND EXCHANGE COMMISSION

WASHINGTON, D.C. 20549

 

 

Form 8-K/A

Amendment No. 1

 

 

CURRENT REPORT

Pursuant to Section 13 or 15(d)

of the Securities Exchange Act of 1934

Date of Report (Date of earliest event reported): July 11, 2014

 

 

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 Number)

 

(IRS Employer

Identification No.)

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

Not Applicable

(Former name or former address, if changed since last report.)

 

 

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))

 

 

 


Explanatory Note

This amended current report on Form 8-K/A is being filed solely to file a corrected Exhibit 4.1. The Registrant’s Tax Benefits Preservation Plan filed as Exhibit 4.1 to the original current report on Form 8-K incorrectly stated that the Record Date, as defined in the Plan, was July 15, 2014. The Record Date is July 21, 2014.


Item 9.01 Financial Statements and Exhibits.

 

  (d) Exhibits.

 

Exhibit
No.

  

Description of Exhibit

  4.1    Tax Benefits Preservation Plan


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/ Stephen R. Talbert

  Stephen R. Talbert
  President and Chief Executive Officer

Dated: July 18, 2014


EXHIBIT INDEX

 

Exhibit
No.

  

Description of Exhibit

  4.1    Tax Benefits Preservation Plan