RecitalsReplacement Capital Covenant • December 22nd, 2006 • Us Bancorp \De\ • National commercial banks
Contract Type FiledDecember 22nd, 2006 Company Industryother purposes and to continue to defer Distributions without a breach of its obligations under the transaction documents; and
ContractReplacement Capital Covenant • December 18th, 2006 • Washington Mutual, Inc • Savings institution, federally chartered
Contract Type FiledDecember 18th, 2006 Company IndustryReplacement Capital Covenant, dated as of September 18, 2006 (this “Replacement Capital Covenant”), by Washington Mutual, Inc., a Washington corporation (together with its successors and assigns, the “Corporation”), in favor of and for the benefit of each Covered Debtholder (as defined below).