SCHEDULE 14A INFORMATION
Proxy Statement Pursuant to Section 14(a) of the Securities Exchange Act of 1934
(Amendment No. __)
Filed by the Registrant o
Filed by a Party
other than the Registrant x
| Check the appropriate box: |
| o Preliminary Proxy Statement |
| o Confidential, for Use of the Commission Only (as permitted by Rule 14a-6(e)(2)) |
| o Definitive Proxy Statement |
| x Definitive Additional Materials |
| o Soliciting Material Pursuant to ss.240.14a-12 |
| CAPE FEAR BANK CORPORATION |
| (Name of Registrant as Specified In Its Charter) |
| Maurice J. Koury |
| The Maurice and Ann Koury Charitable Trust |
| The Maurice J. Koury Foundation, Inc. |
| Scott C. Sullivan |
| Miltom E. Petty |
| Mort Neblett |
| Haywood Cochrane, Jr. |
| James S. Mahan III |
| David Lucht |
| Robert Isser |
| (Name of Person(s) Filing Proxy Statement, if other than the Registrant) |
Payment of Filing Fee (Check the appropriate box):
o Fee computed on table below per Exchange Act Rules 14a-6(i)(1) and 0-11
| (1) | Title of each class of securities to which transaction applies: | ||
| (2) | Aggregate number of securities to which transaction applies: | ||
| (3) | Per unit price or other underlying value of transaction computed pursuant to Exchange Act Rule 0-11 (set forth the amount on which the filing fee is calculated and state how it was determined): | ||
| (4) | Proposed maximum aggregate value of transaction: | ||
| (5) | Total fee paid: | ||
o Fee paid previously with preliminary materials.
| o | Check box if any part of the fee is offset as provided by Exchange Act Rule 0-11(a)(2) and identify the filing for which the offsetting fee was paid previously. Identify the previous filing by registration statement number, or the Form or Schedule and the date of its filing. |
| (1) | Amount Previously Paid: | ||
| (2) | Form, Schedule or Registration Statement No.: | ||
| (3) | Filing Party: | ||
| (4) | Date Filed: | ||
On August 6, 2008, Maurice J. Koury, The Maurice and Ann Koury Charitable Trust, The Maurice J. Koury Foundation, Inc., Scott C. Sullivan, Miltom E. Petty, Mort Neblett, Haywood Cochrane, Jr., James S. Mahan III, David Lucht and Robert Isser (the “Participants”), posted certain additional materials on an Internet website (http://voteBLUEforchange.com) created in connection with the Participants’ solicitation of proxies from shareholders of Cape Fear Bank Corporation. Copies of these materials, current as of August 6, 2008, are included herein as Exhibit 99.1.
Exhibit 99.1
