NEXITY BANK AMENDED AND RESTATED ESCROW AGREEMENT Relating to Subscriptions for Shares of Atlantic Bancshares, Inc.Escrow Agreement • October 6th, 2005 • Atlantic Bancshares, Inc. • State commercial banks • Alabama
This Agreement (the “Agreement”) is made and entered into as of the _____ day of October, 2005, and amends and restates that certain escrow agreement dated August 4, 2005, by and among certain investors (collectively, the “Investors”) who have executed a Subscription Agreement (the “Subscription Agreement”) (and which Subscription Agreement expressly refers to and incorporates this Escrow Agreement); Atlantic Bancshares, Inc., a South Carolina corporation (the “Company”); Nexity Bank (the “Escrow Agent”); and SAMCO Capital Markets, a division of Penson Financial Services, Inc., solely for the limited purpose set forth in Section 1 below.
SAMCO CAPITAL MARKETS A Division of Penson Financial Services, Inc. October __, 2005Agency Agreement • October 6th, 2005 • Atlantic Bancshares, Inc. • State commercial banks
At the request of the NASD, we have agreed to amend the agreement, dated August 4, 2005 (the “Agreement”), entered into by SAMCO Capital Markets, a Division of Penson Financial Services, Inc. (“SAMCO”) and Atlantic Bancshares, Inc. (the “Company”) under which SAMCO agreed to provide consulting services to, and in certain circumstances serve as a Sponsoring Dealer for, the Company in connection with its subscription offering for 1,200,000 shares of Company’s common stock at a price of $10.00 per share.
