Exhibit No. 10.4
UST Seq.
No. 318
UNITED STATES DEPARTMENT OF THE
TREASURY
1500 Pennsylvania Avenue, NW
Washington, D.C. 20220
March 6, 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
