OFFICE LEASE 8200 GREENSBORO DRIVE, MCLEAN, VIRGINIA GREENSBORO DRIVE PROPERTY LLC, as Landlord, and XENITH BANK [IN ORGANIZATION], A Virginia corporation, as Tenant.Office Lease • December 30th, 2010 • Xenith Bankshares, Inc. • State commercial banks
VOTING AGREEMENTVoting Agreement • February 16th, 2016 • Xenith Bankshares, Inc. • State commercial banks • Virginia
This VOTING AGREEMENT (this “Agreement”), dated as of February 10, 2016 by and among Xenith Bankshares, Inc., a Virginia corporation (“Xenith”), and the undersigned (the “Shareholder”).
EMPLOYMENT AGREEMENTEmployment Agreement • March 31st, 2010 • Xenith Bankshares, Inc. • State commercial banks • Virginia
THIS EMPLOYMENT AGREEMENT (“Agreement”) is made and entered into as of the 8th day of May, 2009, by and between XENITH CORPORATION, a Virginia corporation (the “Company”), and WELLINGTON W. COTTRELL, III (“Executive”).
SMALL BUSINESS LENDING FUND – SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • September 27th, 2011 • Xenith Bankshares, Inc. • State commercial banks • New York
The foregoing amendment was duly adopted by the Corporation’s Board of Directors on September 8, 2011. In accordance with the provisions of Section 13.1-639 of the VSCA and the authority conferred on the Corporation’s Board of Directors by the Articles of Incorporation, no shareholder approval of the amendment was required.
SUBORDINATED NOTE PURCHASE AGREEMENT Dated as of June 19, 2015 by and among XENITH BANKSHARES, INC. and THE PURCHASERS NAMED HEREINSubordinated Note Purchase Agreement • June 25th, 2015 • Xenith Bankshares, Inc. • State commercial banks • Virginia
This SUBORDINATED NOTE PURCHASE AGREEMENT, dated as of June 19, 2015 (this “Agreement”), is by and among XENITH BANKSHARES, INC., a Virginia corporation (the “Company”), and each purchaser named on Schedule A (each, a “Purchaser,” and together, “Purchasers”).
AMENDMENT NO. 4 TO AGREEMENT OF MERGERAgreement of Merger • November 25th, 2009 • First Bankshares, Inc. • State commercial banks • Virginia
THIS AMENDMENT NO. 4 TO AGREEMENT OF MERGER (this “Amendment”) is made and entered into as of November 19, 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, Amendment No. 2 thereto, dated as of October 15, 2009, and Amendment No. 3 dated as of October 30, 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.
XENITH BANKSHARES, INC. Stock Unit Award AgreementStock Unit Award Agreement • May 6th, 2014 • Xenith Bankshares, Inc. • State commercial banks • Virginia
THIS STOCK UNIT AWARD AGREEMENT (the “Agreement”), dated as of [[GRANTDATE]], governs the Stock Unit award granted by XENITH BANKSHARES, INC., a Virginia corporation (the “Corporation”), to [[FIRSTNAME]] [[LASTNAME]] (the “Participant”), in accordance with and subject to the provisions of the Xenith Bankshares, Inc. 2012 Equity Incentive Plan (the “Plan”). A copy of the Plan has been made available to the Participant. All terms used in this Agreement that are defined in the Plan have the same meaning given them in the Plan.
PURCHASE AND ASSUMPTION AGREEMENT by and between XENITH BANK, a Virginia banking corporation, as Buyer and PARAGON COMMERCIAL BANK, a North Carolina banking corporation, as Seller Dated as of June 1, 2011Purchase and Assumption Agreement • June 3rd, 2011 • Xenith Bankshares, Inc. • State commercial banks • Virginia
THIS PURCHASE AND ASSUMPTION AGREEMENT (this “Agreement”) is made and entered into as of the 1st day of June, 2011, by and between XENITH BANK, a Virginia banking corporation with its main office in Richmond, Virginia (“Buyer”), and PARAGON COMMERCIAL BANK, a North Carolina banking corporation with its main office in Raleigh, North Carolina (“Seller”).
EXECUTION VERSION AGREEMENT AND PLAN OF REORGANIZATION by and between XENITH BANKSHARES, INC. and HAMPTON ROADS BANKSHARES, INC. Dated as of February 10, 2016Agreement and Plan of Reorganization • February 16th, 2016 • Xenith Bankshares, Inc. • State commercial banks • Virginia
AGREEMENT AND PLAN OF REORGANIZATION, dated as of February 10, 2016 (this “Agreement”), by and between Xenith Bankshares, Inc., a Virginia corporation (“Xenith”), and Hampton Roads Bankshares, Inc., a Virginia corporation (“HRB”).
EMPLOYMENT AGREEMENTEmployment Agreement • December 29th, 2009 • Xenith Bankshares, Inc. • State commercial banks • Virginia
THIS EMPLOYMENT AGREEMENT (“Agreement”) is made and entered into effective as of the 22nd day of December, 2009 (the “Effective Date”), by and between SUFFOLKFIRST BANK, a Virginia banking corporation (the “Bank”), and KEITH B. HAWKINS (“Executive”).
OFFICE LEASE 8200 GREENSBORO DRIVE, MCLEAN, VIRGINIA GREENSBORO DRIVE PROPERTY LLC, as Landlord, and XENITH BANK [IN ORGANIZATION], A Virginia corporation, as Tenant.Office Lease • December 29th, 2009 • Xenith Bankshares, Inc. • State commercial banks
XENITH BANKSHARES, INC. Stock Option Agreement (Non-Employee Director)Xenith Bankshares, Inc. • March 31st, 2010 • State commercial banks • Virginia
THIS AGREEMENT (together with Schedule A attached hereto, this “Agreement”), made effective the day of , 20__, between Xenith Bankshares, Inc., a corporation organized under the laws of the Commonwealth of Virginia (the “Corporation”), and , a Director of the Corporation or a Subsidiary (the “Participant”).
FIRST BANKSHARES, INC. FORM OF DIRECTOR STOCK OPTION AGREEMENTDirector Stock Option Agreement • August 7th, 2009 • First Bankshares, Inc. • State commercial banks • Virginia
THIS AGREEMENT made and entered into as of the day of , 200 , between First Bankshares, Inc., a Virginia corporation, (hereinafter called the “Company”) and , (hereinafter called the “Director”),
INVESTOR RIGHTS AGREEMENT AMONG XENITH CORPORATION AND THE INVESTOR SHAREHOLDERS AND OTHER SHAREHOLDERS LISTED ON EXHIBIT A HERETO DATED JUNE 26, 2009Investor Rights Agreement • December 29th, 2009 • Xenith Bankshares, Inc. • State commercial banks • Virginia
THIS INVESTOR RIGHTS AGREEMENT (this “Agreement”) is entered into as of June 26, 2009 by and among (i) Xenith Corporation, a Virginia corporation (“Xenith”), and (ii) the Persons listed on Exhibit A hereto (such Persons are referred to herein collectively as the “Holders” and individually as a “Holder”).
AGREEMENT OF MERGER dated as of March 20, 2014 among COLONIAL VIRGINIA BANK, XENITH BANKSHARES, INC. and XENITH BANKAgreement of Merger • March 25th, 2014 • Xenith Bankshares, Inc. • State commercial banks • Virginia
AGREEMENT OF MERGER (this “Agreement”) dated as of March 20, 2014, among Colonial Virginia Bank, a Virginia banking corporation (the “Bank”), Xenith Bankshares, Inc., a Virginia corporation (“Parent”), and Xenith Bank, a Virginia banking corporation and a wholly-owned subsidiary of Parent (“Xenith Bank”).
EMPLOYMENT AGREEMENTEmployment Agreement • August 7th, 2009 • First Bankshares, Inc. • State commercial banks • Virginia
THIS AGREEMENT is entered into as of June 21, 2002, by and between SUFFOLKFIRST BANK, a Virginia banking corporation in Organization (hereinafter referred to as the “Bank”) and Darrell G. Swanigan (hereinafter referred to as the “Officer”).
FIRST AMENDMENT TO SERVICE AGREEMENTService Agreement • December 29th, 2009 • Xenith Bankshares, Inc. • State commercial banks
This First Amendment to Service Agreement (this “Amendment”), dated as of July 10, 2009 (the “Effective Date”), is made by and between Parkway Properties LP, a Delaware limited partnership (“Service Provider”), and Xenith Corporation, a Virginia corporation formerly known as Xenith Bank [In Organization] (“Customer”).
INVESTOR RIGHTS AGREEMENT AMONG XENITH CORPORATION AND THE INVESTOR SHAREHOLDERS AND OTHER SHAREHOLDERS LISTED ON EXHIBIT A HERETO DATED JUNE 26, 2009Investor Rights Agreement • December 30th, 2010 • Xenith Bankshares, Inc. • State commercial banks • Virginia
THIS INVESTOR RIGHTS AGREEMENT (this “Agreement”) is entered into as of June 26, 2009 by and among (i) Xenith Corporation, a Virginia corporation (“Xenith”), and (ii) the Persons listed on Exhibit A hereto (such Persons are referred to herein collectively as the “Holders” and individually as a “Holder”).
Deed of Lease dated as of July 14, 2008 between James Center Property LLC and Xenith Bank (in organization)Deed of Lease • December 30th, 2010 • Xenith Bankshares, Inc. • State commercial banks
AMENDMENT NO. 1 TO AGREEMENT OF MERGERAgreement of Merger • August 14th, 2009 • First Bankshares, Inc. • State commercial banks • Virginia
THIS AMENDMENT NO. 1 TO AGREEMENT OF MERGER (this “Amendment”) is made and entered into as of August 14, 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, by and between FBS and Xenith (the “Agreement”). Capitalized terms used herein and not otherwise defined herein have the meanings ascribed to such terms in the Agreement.
AGREEMENT AND PLAN OF REORGANIZATIONAgreement and Plan of Reorganization • August 18th, 2008 • First Bankshares, Inc.
THIS AGREEMENT AND PLAN OF REORGANIZATION is made and entered into as of March 5, 2008, by and among First Bankshares, Inc., a proposed bank holding company organized under the laws of the Commonwealth of Virginia, with its principal office in Suffolk, Virginia (the “Holding Company”), and SuffolkFirst Bank, a commercial bank chartered under the laws of the Commonwealth of Virginia, with its main office in Suffolk, Virginia (the “Bank”).
VOTING AGREEMENTVoting Agreement • March 25th, 2014 • Xenith Bankshares, Inc. • State commercial banks • Virginia
This VOTING AGREEMENT (this “Agreement”), dated as of March 20, 2014 among Xenith Bankshares, Inc., a Virginia corporation (“Parent”), and each of the undersigned, a list of which is set forth on Exhibit A attached hereto (each, a “Shareholder”).
FIRST AMENDMENT TO INVESTOR RIGHTS AGREEMENTInvestor Rights Agreement • December 29th, 2009 • Xenith Bankshares, Inc. • State commercial banks
THIS FIRST AMENDMENT (the “Amendment”) is entered into and is effective as of December 21, 2009, by and among (i) Xenith Corporation, a Virginia corporation (“Xenith”), (ii) BCP Fund I Virginia Holdings, LLC, a Delaware limited liability company (“BCP Fund”), and (iii) those Holders listed on Exhibit A hereto (such Holders being referred to herein collectively as the “D&O Holders”).
OFFICE LEASE FIRST MODIFICATION AGREEMENTFirst Modification Agreement • December 29th, 2009 • Xenith Bankshares, Inc. • State commercial banks
This First Modification Agreement (this “Agreement”), dated as of June 8, 2009, is made by and between Greensboro Drive Property LLC, a Delaware limited liability company (“Landlord”), and Xenith Corporation, a Virginia corporation formerly known as Xenith Bank [In Organization] (“Tenant”).
FBS VOTING AGREEMENTFBS Voting Agreement • May 22nd, 2009 • First Bankshares, Inc. • State commercial banks • Virginia
This VOTING AGREEMENT (this “Agreement”), dated as of May 12, 2009 among Xenith Corporation, a Virginia corporation (“Xenith”), and each of the undersigned, a list of which is set forth on Exhibit A attached hereto (each, a “Shareholder”).
PURCHASE AND ASSUMPTION AGREEMENT WHOLE BANK ALL DEPOSITS AMONG FEDERAL DEPOSIT INSURANCE CORPORATION, RECEIVER OF VIRGINIA BUSINESS BANK, RICHMOND, VIRGINIA, FEDERAL DEPOSIT INSURANCE CORPORATION AND XENITH BANK DATED AS OF JULY 29, 2011Purchase and Assumption Agreement • August 4th, 2011 • Xenith Bankshares, Inc. • State commercial banks
THIS AGREEMENT, made and entered into as of the 29th day of July, 2011, by and among the FEDERAL DEPOSIT INSURANCE CORPORATION, RECEIVER of VIRGINIA BUSINESS BANK, RICHMOND, VIRGINIA (the “Receiver”), XENITH BANK, organized under the laws of the Commonwealth of Virginia, and having its principal place of business in RICHMOND, VIRGINIA (the “Assuming Institution”), and the FEDERAL DEPOSIT INSURANCE CORPORATION, organized under the laws of the United States of America and having its principal office in Washington, D.C., acting in its corporate capacity (the “Corporation”).
AMENDMENT TO CREDIT AGREEMENTCredit Agreement • September 29th, 2015 • Xenith Bankshares, Inc. • State commercial banks • New York
This AMENDMENT TO CREDIT AGREEMENT (as the same may be supplemented, modified, amended or restated from time to time in the manner provided herein, this “Amendment”), dated effective as of September 24, 2015, is made by and between XENITH BANKSHARES, INC., a Virginia corporation (the “Borrower”), and RAYMOND JAMES BANK, N.A., a national banking association (the “Lender”).
AMENDED AND RESTATED PURCHASE AND ASSUMPTION AGREEMENT by and between XENITH BANK, a Virginia banking corporation, as Buyer and PARAGON COMMERCIAL BANK, a North Carolina banking corporation, as Seller Dated as of July 25, 2011Servicing Agreement • August 4th, 2011 • Xenith Bankshares, Inc. • State commercial banks • Virginia
THIS AMENDED AND RESTATED PURCHASE AND ASSUMPTION AGREEMENT (this “Agreement”) is made and entered into as of the 25th day of July, 2011, by and between XENITH BANK, a Virginia banking corporation with its main office in Richmond, Virginia (“Buyer”), and PARAGON COMMERCIAL BANK, a North Carolina banking corporation with its main office in Raleigh, North Carolina (“Seller”).
SECOND AMENDED AND RESTATED INVESTOR RIGHTS AGREEMENT AMONG XENITH BANKSHARES, INC., as the Company BCP FUND I VIRGINIA HOLDINGS, LLC, as the sole Institutional Investor AND THE HOLDERS (as defined herein) DATED AS OF FEBRUARY 10, 2016Investor Rights Agreement • February 16th, 2016 • Xenith Bankshares, Inc. • State commercial banks • Virginia
THIS SECOND AMENDED AND RESTATED INVESTOR RIGHTS AGREEMENT (this “Agreement”) is entered into as of February 10, 2016 by and among (i) Xenith Bankshares, Inc., a Virginia corporation (the “Company”), (ii) BCP Fund I Virginia Holdings, LLC, a Delaware limited liability company (“BCP Fund”), and (iii) those shareholders who purchased shares of common stock, $1.00 par value (the “Xenith Common Stock”), of Xenith Corporation, a Virginia corporation (the “Predecessor”), in the Xenith Private Placement (such Persons are referred to herein collectively as the “Holders” and individually as a “Holder”).
SERVICE AGREEMENTService Agreement • December 29th, 2009 • Xenith Bankshares, Inc. • State commercial banks
This Service Agreement (“Service Agreement”) is entered into as of September 26, 2008, (the “Effective Date”), by and between Parkway Properties LP, a Delaware limited partnership (“Service Provider”), and Xenith Bank [in Organization], a Virginia corporation (“Customer”). In consideration of the mutual covenants set forth herein, Service Provider and Customer agree as follows:
XENITH BANKSHARES, INC. Stock Award Agreement EmployeeStock Award Agreement • January 29th, 2013 • Xenith Bankshares, Inc. • State commercial banks • Virginia
THIS STOCK AWARD AGREEMENT (the “Agreement”), dated on [[GRANTDATE]], governs the Stock Award granted by XENITH BANKSHARES, INC., a Virginia corporation (the “Corporation”), to [[FIRSTNAME]] [[LASTNAME]] (the “Participant”), in accordance with and subject to the provisions of the Xenith Bankshares, Inc. 2012 Equity Incentive Plan (the “Plan”). A copy of the Plan has been made available to the Participant. All terms used in this Agreement that are defined in the Plan have the same meaning given them in the Plan.
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • October 1st, 2014 • Xenith Bankshares, Inc. • State commercial banks • Virginia
THIS REGISTRATION RIGHTS AGREEMENT (this “Agreement”) is entered into as of , by and between XENITH BANKSHARES, INC., a Virginia corporation (the “Company”), and , a (the “Investor”).
CREDIT AGREEMENT DATED AS OF SEPTEMBER 30, 2014 BETWEEN XENITH BANKSHARES, INC., AS BORROWER AND RAYMOND JAMES BANK, N.A. AS LENDERCredit Agreement • October 1st, 2014 • Xenith Bankshares, Inc. • State commercial banks • New York
This Credit Agreement (the “Agreement”), dated as of September 30, 2014, is between XENITH BANKSHARES, INC., a Virginia corporation (the “Borrower”), and RAYMOND JAMES BANK, N.A., as lender (in such capacity, the “Lender”).
ContractFirst Bankshares, Inc. • August 7th, 2009 • State commercial banks
THIS DEED or LEASE (herein called LEASE), Made this 7th day of October, 2003 by and between SUFFOLK PLAZA SHOPPING CENTER, L.C., a Limited Liability Co., with its principal offices in the City of Norfolk, Virginia (“Landlord”), SUFFOLKFIRST BANK, INC., a Virginia Corporation (FID #04-3607546) (“Tenant”), and S. L. NUSBAUM REALTY CO., (“Agent”);
Deed of Lease dated as of July 14, 2008 between James Center Property LLC and Xenith Bank (in organization)Deed of Lease • December 29th, 2009 • Xenith Bankshares, Inc. • State commercial banks
