Item 1.02 Termination of a Material Definitive Agreement

On August 17, 2009, the Registrant terminated the Agreement, dated February 9, 2009, by and among the Registrant, James J. Lynch ("Lynch"), and Patriot Financial Partners, L.P. ("Patriot"), a private equity fund which owns approximately 6.6% of the Registrant's common stock. Lynch, who is a general partner and principal of Patriot, is, and remains, a director of the Registrant and of Cape Bank, the Registrant's wholly owned savings bank subsidiary (the "Bank").

The terms of the Agreement were previously disclosed in, and the Agreement was filed as an exhibit to, the Registrant's Current Report on Form 8-K, filed with the Securities and Exchange Commission on February 10, 2009.

The parties determined that the Agreement was no longer necessary and, as a result, mutually agreed to its termination. There were no penalties incurred by the Registrant as a result of the termination of the Agreement.

Item 7.01 Regulation FD Disclosure

On July 21, 2009, the Bank received non-objection from the Office of Thrift Supervision, the Bank's primary federal regulator, to make a capital distribution in an amount of $4.0 million to the Registrant. If and when received, the Registrant would be permitted to use the capital distribution funds to pay dividends to its shareholders, to repurchase shares of its common stock, or for any other general corporate purpose.

Item 9.01. Financial Statements and Exhibits

(a) Financial Statements of Businesses Acquired. Not applicable

(b) Pro Forma Financial Information. Not Applicable

(c) Shell Company Transactions. Not Applicable

(d) Exhibits. Not applicable.