0000950123-05-007213 Sample Contracts

AGREEMENT AND PLAN OF MERGER by and between WASHINGTON MUTUAL, INC. and PROVIDIAN FINANCIAL CORPORATION Dated as of June 5, 2005

Agreement and Plan of Merger • June 9th, 2005 • Providian Financial Corp • National commercial banks • Washington

• Contract Type
  Agreement and Plan of Merger
• Filed
  June 9th, 2005
• Company
  Providian Financial Corp
• Industry
  National commercial banks
• Jurisdiction
  Washington

This AGREEMENT AND PLAN OF MERGER, dated as of June 5, 2005 (as amended, supplemented or otherwise modified from time to time, this “Agreement”), is entered into by and between WASHINGTON MUTUAL, INC., a Washington corporation (“Washington Mutual”), and PROVIDIAN FINANCIAL CORPORATION, a Delaware corporation (“Providian”).

AMENDMENT NO. 2 TO RIGHTS AGREEMENT

Rights Agreement • June 9th, 2005 • Providian Financial Corp • National commercial banks • Delaware

• Contract Type
  Rights Agreement
• Filed
  June 9th, 2005
• Company
  Providian Financial Corp
• Industry
  National commercial banks
• Jurisdiction
  Delaware

AMENDMENT NO. 2 (the “Amendment”), dated as of June 5, 2005, to the Rights Agreement, dated as of June 1, 1997 (as amended on February 17, 1999, the “Rights Agreement”), between Providian Financial Corporation, a Delaware corporation (the “Company”), and EquiServe, Inc. and EquiServe Trust Company, N.A. as successors-in-interest to First Chicago Trust Company of New York, as Rights Agent (the “Rights Agent”).