First Bankshares, Inc. and Xenith Corporation Announce Adjournment of Shareholder Meetings
30 September 2009 - 7:00AM
PR Newswire (US)
SUFFOLK, Va. and RICHMOND, Va., Sept. 29 /PRNewswire-FirstCall/ --
As previously announced, it is a condition to the completion of the
merger between First Bankshares, Inc. (Nasdaq: SUFB; "First
Bankshares") and Xenith Corporation that the shares of the combined
company be approved for listing on the NASDAQ Capital Market upon
completion of the merger. Today, First Bankshares and Xenith
Corporation announced that they have adjourned their respective
shareholder meetings to allow their shareholders additional time to
consider the possibility that the two companies may decide to waive
this condition. The boards of directors of First Bankshares and
Xenith Corporation continue to unanimously support the merger and
believe that it is in the best interests of both companies and
their respective shareholders. Also as previously announced, the
Virginia State Corporation Commission recently approved Xenith
Corporation's application to acquire control of First Bankshares as
a result of the merger and the application of BankCap Partners Fund
I, L.P. for approval of its ownership in the combined company. The
merger, however, remains subject to other regulatory approvals and
customary closing conditions. First Bankshares and Xenith
Corporation expect the merger to close in the fourth quarter of
2009 and for the combined company to operate under the name Xenith
Bankshares, Inc. ("Xenith Bankshares"). First Bankshares and Xenith
Corporation believe that the combined company meets all but one of
the NASDAQ Capital Market initial listing requirements. NASDAQ
requires that the market value of the combined company's publicly
held shares (excluding shares held by directors, executive officers
and 10% shareholders) be at least $15 million on the date of NASDAQ
approval. As of the close of business on September 28, 2009, the
market value of publicly held shares of the combined company was
$11.5 million. The market value of publicly held shares of the
combined company during the last 30 trading days has ranged from
$11.5 million to $16.1 million. Although First Bankshares and
Xenith Corporation continue their efforts to obtain approval from
NASDAQ for the listing of Xenith Bankshares' common stock, their
respective boards have determined that it is in the best interests
of their companies and their shareholders to waive this condition
to completion of the merger if NASDAQ approval has not been
obtained by the time all other conditions to the completion of the
merger have been satisfied or waived. If this condition to
completion of the merger is waived and the merger is completed,
Xenith Bankshares intends to seek to list its common stock on the
NASDAQ Capital Market as soon as practicable following completion
of the merger and to seek quotation of its common stock on the OTC
Bulletin Board or Pink OTC Markets (known as the "Pink Sheets")
until such time as the NASDAQ Capital Market listing is approved.
First Bankshares' annual meeting is scheduled to reconvene at 3:00
p.m., Eastern Time, on Thursday, October 15, 2009 at First
Bankshares' North Suffolk office, 3535 Bridge Road, Suffolk,
Virginia. Xenith Corporation's special meeting is scheduled to
reconvene at 10:00 a.m., Eastern Time, on Thursday, October 15,
2009 at The Commonwealth Club, 401 West Franklin Street, Richmond,
Virginia. The polls will remain open for voting during the
adjournment period. The record dates for the shareholder meetings
have not changed. Only holders of record of First Bankshares common
stock at the close of business on August 17, 2009 are entitled to
vote at First Bankshares' adjourned annual meeting. Only holders of
record of Xenith Corporation common stock at the close of business
on August 19, 2009 are entitled to vote at Xenith Corporation's
adjourned special meeting. First Bankshares and Xenith Corporation
have also extended the cash election deadline for First Bankshares
shareholders to elect cash for their shares of First Bankshares
common stock in the merger, subject to proration as described in
the companies' definitive joint proxy statement, to 5:00 p.m.,
Eastern Time, on Thursday, October 15, 2009. First Bankshares and
Xenith Corporation will send additional information to their
shareholders regarding their reconvened meetings and the extension
to the cash election deadline for shareholders of First Bankshares.
If you have already delivered a properly executed proxy, you do not
need to anything unless you wish to change your vote. For more
information about Xenith Corporation, please visit:
http://www.xenithbank.com/. For more information about First
Bankshares and its subsidiary, SuffolkFirst Bank, please visit:
http://www.suffolkfirstbanks.com/. Additional Information About the
Merger and Where to Find It In connection with the proposed merger,
First Bankshares filed with the Securities and Exchange Commission
(the "SEC") a definitive joint proxy statement which was sent on or
about August 31, 2009 to the shareholders of First Bankshares and
Xenith Corporation seeking their approval of the merger. First
Bankshares and Xenith Corporation will provide additional
information about the companies and the waiver of the condition to
the completion of the merger to their respective shareholders in a
supplement to the definitive joint proxy statement. In addition,
First Bankshares may file other relevant documents concerning the
proposed merger with the SEC. Security holders are urged to read
the definitive joint proxy statement, as supplemented, and other
relevant documents when they become available because they will
contain important information about the proposed merger. Security
holders of First Bankshares may obtain free copies of these
documents through the website maintained by the SEC at
http://www.sec.gov/. Security holders of First Bankshares may also
obtain free copies of these documents by directing a request by
telephone or mail to First Bankshares, Inc., P.O. Box 1340,
Suffolk, Virginia 23439 (telephone: (757) 934-8200) or by accessing
these documents at First Bankshares' website:
http://www.suffolkfirstbanks.com/ under "Investor Relations/SEC
Filings/Documents". Security holders of Xenith Corporation may also
obtain free copies of these documents by directing a request by
telephone or mail to Xenith Corporation, One James Center, 901 E.
Cary Street, Suite 1700, Richmond, Virginia 23219 (telephone: (804)
433-2200). The information on First Bankshares' website and Xenith
Corporation's website is not, and shall not be deemed to be, a part
of this release or incorporated into other filings made with the
SEC. First Bankshares and Xenith Corporation and certain of their
respective directors, executive officers and members of management
may be deemed to be participants in the solicitation of proxies
from the shareholders of First Bankshares and/or Xenith Corporation
in connection with the merger. Information about the directors and
executive officers of First Bankshares and Xenith Corporation is
set forth in the definitive joint proxy statement, as supplemented.
Additional information regarding the interests of these
participants and other persons who may be deemed participants in
the merger may be obtained by reading the definitive joint proxy
statement, as supplemented. Caution Regarding Forward-Looking
Statements This press release contains forward-looking statements.
These forward-looking statements include, but are not limited to,
statements about (i) intentions with respect to the listing or
quotation of Xenith Bankshares common stock, (ii) the benefits of
the merger between First Bankshares and Xenith Corporation, (iii)
First Bankshares' and Xenith Corporation's plans, obligations,
expectations and intentions and (iv) other statements in the press
release that are not historical facts. Words such as "anticipates,"
"believes," "intends," "should," "expects," "will," and variations
of similar expressions are intended to identify forward-looking
statements. These statements are based on the beliefs of the
respective managements of First Bankshares and Xenith Corporation
as to the expected outcome of future events and are not guarantees
of future performance. These statements involve certain risks,
uncertainties and assumptions that are difficult to predict with
regard to timing, extent, and degree of occurrence. Results and
outcomes may differ materially from what may be expressed or
forecasted in forward-looking statements. Factors that could cause
results and outcomes to differ materially include, among others,
the ability to obtain required regulatory and shareholder
approvals; the ability to complete the merger as expected and
within the expected timeframe; the possibility that one or more of
the conditions to the completion of the merger may not be
satisfied; any event that could give rise to a termination of the
merger agreement; disruptions to customer and employee
relationships and business operations caused by the merger; changes
in local and national economies, or market conditions; changes in
interest rates; regulations and accounting principles; changes in
policies or guidelines; loan demand and asset quality, including
real estate values and collateral values; deposit flows; the impact
of competition from traditional or new sources; and the other
factors detailed in First Bankshares' publicly filed documents,
including its Annual Report on Form 10-K for the year ended
December 31, 2008. First Bankshares and Xenith Corporation assume
no obligation to revise, update, or clarify forward-looking
statements to reflect events or conditions after the date of this
release. DATASOURCE: First Bankshares, Inc. CONTACT: Darrell G.
Swanigan of First Bankshares, Inc., +1-757-934-8200, or T. Gaylon
Layfield, III of Xenith Corporation, +1-804-433-2200 Web Site:
http://www.suffolkfirstbanks.com/
Copyright