Exhibit 10.2
UST Seq. No. 170
UNITED STATES DEPARTMENT OF THE
TREASURY
1500 Pennsylvania Avenue, NW
Washington, D.C. 20220
January 9, 2009
Ladies and Gentlemen:
Reference is made to that certain
Letter Agreement incorporating the Securities Purchase Agreement
Standard Terms dated of as of the date of this letter agreement
(the “ Securities Purchase Agreement ”) between
United States Department of Treasury (“ Investor
”) and the company named on the signature page hereto
(the “ Company ”). Investor and the
Company desire to amend the Securities Purchase Agreement as
follows:
1.
Section 2.1(a) of the
Securities Purchase Agreement is amended to read in its entirety as
follows:
“(a)
[Intentionally Omitted.]”
2.
Section 2.1(c) of the
Securities Purchase Agreement is amended to read in its entirety as
follows:
“(c)
“ Previously Disclosed ” means information set
forth or incorporated in the Company’s Annual Report on
Form 10-K for the most recently completed fiscal year of the
Company filed with the Primary Federal Securities Regulator prior
to the execution and delivery of this Agreement (the “
Last Fiscal Year ”) or in its other reports and forms
filed with or furnished to the Primary Federal Securities Regulator
as contemplated under Sections 13(a), 14(a) or 15(d) of
the Exchange Act on or after the last day of the Last Fiscal Year
and prior to the execution and delivery of this Agreement.
“ Primary Federal Securities Regulator ” means
the SEC or the primary federal bank regulator with which the
Company files its reports, registration statements, proxy
statements and other filings under the Exchange Act. If the
Company is required to make filings with a Primary Federal
Securities