AMENDED AND RESTATED TRUST AGREEMENTTrust Agreement • November 1st, 2006 • Bear Stearns Capital Trust Iv • Security brokers, dealers & flotation companies • Delaware
This AMENDED AND RESTATED TRUST AGREEMENT, dated as of October 31, 2006 (this "Agreement"), among (i) The Bear Stearns Companies Inc., a Delaware corporation, as depositor (the "Depositor"), (ii) The Bank of New York, a New York banking corporation, as the Property Trustee (the "Property Trustee"), and (iii) The Bank of New York (Delaware), a Delaware banking corporation, as the Delaware Trustee (the "Delaware Trustee") (the Property Trustee and the Delaware Trustee being jointly referred to herein as the "Trustees"). The Depositor and the Trustees hereby agree to amend and restate in its entirety the Trust Agreement of Bear Stearns Capital Trust V (the "Trust"), dated as of November 4, 1998, as follows:
GUARANTEE AGREEMENT between THE BEAR STEARNS COMPANIES INC. (as Guarantor) and THE BANK OF NEW YORK (as Guarantee Trustee) Dated as of __________, ____ Relating to the Preferred Securities of Bear Stearns Capital Trust __Guarantee Agreement • November 1st, 2006 • Bear Stearns Capital Trust Iv • Security brokers, dealers & flotation companies • New York
THIS GUARANTEE AGREEMENT, dated as of __________, ____, (the “Guarantee Agreement”) is executed and delivered by The Bear Stearns Companies Inc., a Delaware corporation (the “Guarantor”), and The Bank of New York, a corporation organized under the laws of the United States, as trustee (the “Guarantee Trustee”), for the benefit of the Holders (as defined herein) from time to time of the Preferred Securities (as defined herein) of Bear Stearns Capital Trust __, a Delaware statutory business trust (the “Trust”).
TRUST AGREEMENT among THE BEAR STEARNS COMPANIES INC., as Depositor, THE BANK OF NEW YORK, as Property Trustee, THE BANK OF NEW YORK (DELAWARE), as Delaware Trustee, THE ADMINISTRATIVE TRUSTEES NAMED HEREIN and THE SEVERAL HOLDERS Dated as of...Trust Agreement • November 1st, 2006 • Bear Stearns Capital Trust Iv • Security brokers, dealers & flotation companies • Delaware
AMENDED AND RESTATED TRUST AGREEMENT, dated as of _____________, ____ among The Bear Stearns Companies Inc., a Delaware corporation (including any successors or assigns, the “Depositor”), (ii) The Bank of New York, a corporation organized under the laws of the United States, as property trustee (in such capacity, the “Property Trustee” and, in its separate corporate capacity and not in its capacity as Property Trustee, the “Bank”), (iii) The Bank of New York (Delaware), a Delaware banking corporation that maintains its principal place of business in Delaware, as Delaware trustee (the “Delaware Trustee”), (iv) [ ], an individual, [ ], an individual, and [ ], an individual, each of whose address is c/o The Bear Stearns Companies Inc., 383 Madison Ave, New York, New York 10179 (each, an “Administrative Trustee” and all collectively, the “Administrative Trustees”), (the Property Trustee, the Delaware Trustee, and the Administrative Trustees referred to jointly as the “Trustees”), and (v) t
