0000903423-05-000676 Sample Contracts

Contract
Agreement and Plan of Merger • September 8th, 2005 • Capital One Financial Corp • Personal credit institutions • New York

AMENDMENT NO. 1, dated as of September 6, 2005 (this “Amendment”), to the AGREEMENT AND PLAN OF MERGER, dated as of March 6, 2005 (the “Agreement”), by and between HIBERNIA CORPORATION, a Louisiana corporation (“Hibernia”), and CAPITAL ONE FINANCIAL CORPORATION, a Delaware corporation (“Capital One”). Capitalized terms used but not otherwise defined herein shall have the meanings ascribed to such terms in the Agreement.

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