USB Capital IX Sample Contracts

Amended and Restated Trust Agreement among U.S. Bancorp, as Depositor, Wilmington Trust Company, as Property Trustee, Wilmington Trust Company, as Delaware Trustee, the Administrative Trustees (as named herein), and the several Holders of the Trust...
Amended and Restated Trust Agreement • March 10th, 2006 • USB Capital IX • National commercial banks • Delaware

Amended and Restated Trust Agreement, dated as of •, 2006, among (i) U.S. Bancorp, a Delaware corporation (including any successors or assigns, the “Depositor”), (ii) Wilmington Trust Company, a Delaware banking corporation, as property trustee (in such capacity, the “Property Trustee”); (iii) Wilmington Trust Company, a Delaware banking corporation, as Delaware trustee (in such capacity, the “Delaware Trustee”), (iv) David M. Moffett, an individual, and Daryl N. Bible, an individual and Lee R. Mitau, an individual, each of whose address is c/o U.S. Bancorp, 800 Nicollet Mall, Minneapolis, Minnesota 55402 (each, an “Administrative Trustee,” and collectively, the “Administrative Trustees”) (the Property Trustee, the Delaware Trustee, and the Administrative Trustees being referred to collectively as the “Issuer Trustees”), and (iv) the several Holders, as hereinafter defined.

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Guarantee Agreement by and between U.S. BANCORP, as Guarantor and WILMINGTON TRUST COMPANY, as Guarantee Trustee relating to USB CAPITAL IX Dated as of •, 2006
Guarantee Agreement • March 10th, 2006 • USB Capital IX • National commercial banks • New York

Guarantee Agreement, dated as of •, 2006, between U.S. Bancorp, a Delaware corporation (the “Guarantor”), having its principal office at 800 Nicollet Mall, Minneapolis, Minnesota 55402, and Wilmington Trust Company, a Delaware banking corporation, as trustee (the “Guarantee Trustee”), for the benefit of the Holders from time to time of the Trust Preferred Securities of USB Capital IX, a Delaware statutory trust (the “Issuer Trust”).

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