0000903423-05-000951 Sample Contracts

HIBERNIA CORPORATION RETIREMENT SECURITY PLAN AMENDMENT NO. 5 (Amended Merger Agreement)
Retirement Security Plan Amendment • November 23rd, 2005 • Capital One Financial Corp • Personal credit institutions

Whereas, Hibernia Corporation, a corporation organized and existing under the laws of the State of Louisiana (the “Company”), maintains the Retirement Security Plan, a plan intended to be qualified under Section 401(a) of the Internal Revenue Code of 1986, as amended (the “Code”), and to be an “employee pension benefit plan” within the meaning of the Employee Retirement Income Security Act of 1974, as amended (“ERISA”), and to comply with the provisions of ERISA Section 404(c) (the “Plan”);

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HIBERNIA CORPORATION Amended and Restated as of January 27, 1999
Director Stock Option Plan • November 23rd, 2005 • Capital One Financial Corp • Personal credit institutions
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