EXHIBIT 99.3
SECOND AMENDMENT
TO THE AGREEMENT AND PLAN OF MERGER
BY AND BETWEEN
FIRST BANK OF DOTHAN, INC.
AND
COMMUNITY CAPITAL BANCSHARES, INC.
THIS SECOND AMENDMENT (the "Amendment") to the Agreement and Plan of Merger
by and between First Bank of Dothan, Inc. ("First Bank") and Community Capital
Bancshares, Inc. ("Community Capital"), dated July 2, 2003 and as first amended
on August 6, 2003 (the "Agreement"), is made and entered into this 24th day of
September, 2003. Capitalized terms used herein and not otherwise defined shall
have the meaning ascribed to them in the Agreement.
WHEREAS, Community Capital and First Bank are parties to the Agreement and
wish to amend certain provisions of the Agreement.
In consideration of their mutual promises and obligations hereunder, the
agreements set forth below, and other good and valuable consideration, the
receipt and sufficiency of which are hereby acknowledged, the parties agree as
follows:
1. AMENDMENT TO SECTION 11.2. Section 11.2 of the Agreement shall be
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amended by inserting at the end of the first sentence of such section the
following:
"and Federal law and regulations."
2. COUNTERPARTS. This Amendment may be executed in any number of
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counterparts, each of which shall be deemed an original, but all such separate
counterparts shall together constitute but one and the same instrument.
3. GOVERNING LAW. This Amendment has been executed and delivered in
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the State of Georgia and shall be construed and enforced in accordance with the
internal laws of the State of Georgia.
4. NO OTHER AMENDMENT OR WAIVER. Except as modified by this Amendment,
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the text of the Agreement shall remain unchanged and in full force and effect.
[Signatures Follow]
In witness whereof, the parties hereto have caused this instrument to be
executed in counterparts by their duly authorized officers as of the day and
year first above written.
ATTEST: COMMUNITY CAPITAL BANCSHARES, INC.
/s/ Xxxxxxxx X. Xxxxxx By: /s/ Xxxxxx X. Xxx
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Xxxxxx X. Xxx
President
CORPORATE SEAL]
ATTEST: FIRST BANK OF DOTHAN, INC.
/s/ Xxxxxxx Xxxxxxx By: /s/ Xxxxxx Xxx Xxxxxx
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Secretary Xxxxxx Xxx Xxxxxx
Chairman of the Board and
Chief Executive Officer
CORPORATE SEAL]
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