AMENDMENT NO. 2 TO AGREEMENT OF MERGERAgreement of Merger • October 16th, 2009 • First Bankshares, Inc. • State commercial banks • Virginia
THIS AMENDMENT NO. 2 TO AGREEMENT OF MERGER (this “Amendment”) is made and entered into as of October 15, 2009 between First Bankshares, Inc., a Virginia bank holding company incorporated pursuant to the Virginia Stock Corporation Act (“FBS”), and Xenith Corporation, a Virginia corporation (“Xenith”). This Amendment amends that certain Agreement of Merger, dated as of May 12, 2009, as amended by that certain Amendment No. 1 thereto, dated as of August 14, 2009 (as so amended, the “Agreement”), by and between FBS and Xenith. Capitalized terms used herein and not otherwise defined herein have the meanings ascribed to such terms in the Agreement.
