0001002105-10-000194 Sample Contracts

Contract
Securities Purchase Agreement • July 7th, 2010 • Hampton Roads Bankshares Inc • National commercial banks • New York
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Investment Agreement • July 7th, 2010 • Hampton Roads Bankshares Inc • National commercial banks • New York
Contract
Investment Agreement • July 7th, 2010 • Hampton Roads Bankshares Inc • National commercial banks • New York
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 • July 7th, 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 Amended and Restated Securities Purchase Agreement of even date herewith (as amended and restated, the “Amended and Restated Securities Purchase Agreement”). Capitalized terms used and not otherwise defined herein shall have the meanings ascribed to such terms in the Amended and Restated Securities Purchase Agreement.

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