Exhibit 10.2
NINTH NOTE MODIFICATION
AGREEMENT
THIS NINTH NOTE MODIFICATION
AGREEMENT (“this
Agreement”) dated as of December 8, 2006, is entered
into by REGIONS BANK , an Alabama banking corporation as
successor by merger to AmSouth Bank, an Alabama banking corporation
(the “Lender”), and ALABAMA NATIONAL
BANCORPORATION , a Delaware corporation (the
“Borrower”).
Recitals
A. The Borrower and the Lender have
entered into a Credit Agreement dated as of December 29, 1995
as amended by a First Amendment thereto dated as of
January 20, 1997, a Second Amendment thereto dated as of
January 19, 1998, a Third Amendment thereto dated as of
May 31, 1999, a Fourth Amendment thereto dated as of
May 31, 2000, a Fifth Amendment thereto dated as of
May 31, 2001, a Sixth Amendment thereto dated as of
May 31, 2002, a Seventh Amendment thereto dated as of
May 31, 2003, an Eighth Amendment thereto dated as of
May 31, 2004, a Ninth Amendment thereto dated as of
May 31, 2005 and a Tenth Amendment to Credit Agreement dated
as of April 3, 2006 (as so amended, the “Credit
Agreement”) pursuant to the terms of which the Lender has
made a line of credit available to the Borrower, as evidenced by a
master note dated December 29, 1995 executed and delivered by
the Borrower to the Lender, as modified by a Note Modification
Agreement dated as of January 20, 1997, a Second Note
Modification Agreement dated as of May 31, 2000, a Third Note
Modification Agreement dated as of May 31, 2001, a Fourth Note
Modification Agreement dated as of May 31, 2002, a Fifth Note
Modification Agreement dated as of May 31, 2003, a Sixth Note
Modification Agreement dated as of May 31, 2005, a Seventh
Note Modification Agreement dated as of May 31, 2005, and an
Eighth Note Modification Agreement dated as of April 3, 2006
(as so modified, the “Master Note”).
B. The Borrower has requested the
Lender to consent to a further modification of the Master Note as
provided below. The Lender has agreed to such modification of the
Master Note, provided the Borrower executes this
Agreement.
Agreement
NOW, THEREFORE
, in consideration of the foregoing
recitals and of the mutual agreement of the parties her
