AMENDED & RESTATED SECURITIES PURCHASE AGREEMENT dated as of August 11, 2010 by and among HAMPTON ROADS BANKSHARES, INC. and THE PURCHASERS SIGNATORY HERETOSecurities Purchase Agreement • August 17th, 2010 • Hampton Roads Bankshares Inc • National commercial banks • New York
AMENDED AND RESTATED SECURITIES PURCHASE AGREEMENT, dated as of August 11, 2010 (this “Agreement”), by and among Hampton Roads Bankshares, Inc., a Virginia corporation (the “Company”), and each purchaser identified on the signature pages hereto (each, including its successors and assigns, a “Purchaser”, and collectively, the “Purchasers”).
AMENDED & RESTATED INVESTMENT AGREEMENT by and between HAMPTON ROADS BANKSHARES, INC. and CAPGEN CAPITAL GROUP VI LP dated as of August 11, 2010Investment Agreement • August 17th, 2010 • Hampton Roads Bankshares Inc • National commercial banks • New York
This Amended and Restated Investment Agreement, is dated as of August 11, 2010 (this “Agreement”), and is by and between HAMPTON ROADS BANKSHARES, INC., a Virginia corporation (the “Company”), and CAPGEN CAPITAL GROUP VI LP, a Delaware limited partnership (“CapGen”).
August 11, 2010 Hampton Roads Bankshares, Inc.Hampton Roads Bankshares Inc • August 17th, 2010 • National commercial banks
Fir Tree Value Master Fund, LP Fir Tree Capital Opportunity Master Fund, LP Fir Tree Mortgage Opportunity Master Fund, LP Fir Tree REOF II Master Fund, LLC c/o Fir Tree, Inc.Hampton Roads Bankshares Inc • August 17th, 2010 • National commercial banks
We refer to the Securities Purchase Agreement dated as of May 24, 2010 among Hampton Roads Bankshares, Inc. (the “Company”) and the investors party thereto, as amended and restated by the Second Amended and Restated Securities Purchase Agreement of even date herewith (as amended and restated, the “Second Amended and Restated Securities Purchase Agreement”). The parties hereto agree that the letters dated as of May 23, 2010 and June 30, 2010, between the Company and the Fir Tree Investors, defined below, regarding the same subject matter, shall be superseded by this letter agreement and shall have no further effect after this letter agreement has been executed and delivered by the parties hereto. Capitalized terms used and not otherwise defined herein shall have the meanings ascribed to such terms in the Amended and Restated Securities Purchase Agreement.
August 11, 2010Hampton Roads Bankshares Inc • August 17th, 2010 • National commercial banks • New York
