AMENDED AND RESTATED DECLARATION OF TRUST among CAPITAL TRUST, INC., as Sponsor THE BANK OF NEW YORK MELLON, as Property Trustee BNY MELLON TRUST OF DELAWARE, as Delaware Trustee and THE ADMINISTRATIVE TRUSTEES NAMED HEREIN Dated as of [ ], 2011 CT...CT Public Preferred Trust III • June 1st, 2011 • Real estate investment trusts • Delaware
AMENDED AND RESTATED DECLARATION OF TRUST, dated as of [ ], 2011 among CAPITAL TRUST, INC., a Maryland corporation (including any successors or assigns, the “Sponsor”), THE BANK OF NEW YORK MELLON, as property trustee (in such capacity, the “Property Trustee”), BNY MELLON TRUST OF DELAWARE, as Delaware trustee (in such capacity, the “Delaware Trustee”), [ ], an individual, [ ], an individual, and [ ], an individual, each of whose address is c/o Capital Trust, Inc., 410 Park Avenue, 14th Floor, New York, NY 10022 (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 the several Holders, as hereinafter defined.
GUARANTEE AGREEMENT by and between CAPITAL TRUST, INC., as Guarantor and THE BANK OF NEW YORK MELLON, as Guarantee Trustee relating to CT PUBLIC PREFERRED TRUST [ ] Dated as of [ ], 2011Guarantee Agreement • June 1st, 2011 • CT Public Preferred Trust III • Real estate investment trusts • New York
GUARANTEE AGREEMENT, dated as of [ ], 2011 between CAPITAL TRUST, INC., a Maryland corporation (the “Guarantor”), having its principal office at 410 Park Avenue, 14th Floor, New York, NY 10022 and THE BANK OF NEW YORK MELLON, 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 CT PUBLIC PREFERRED TRUST [ ], a Delaware statutory trust (the “Issuer Trust”).
