Common Contracts
33 similar Trust Agreement contracts by KeyCorp Capital VIII, Bb&t Corp, Morgan Stanley, others
EX-4 4 dex4.htm AMENDED AND RESTATED TRUST AGREEMENT OF MORGAN STANLEY CAPITAL TRUST VI MORGAN STANLEY CAPITAL TRUST VI AMENDED AND RESTATED TRUST AGREEMENT among MORGAN STANLEY, as Depositor, THE BANK OF NEW YORK, as Property Trustee, THE BANK OF NEW...Trust Agreement • May 5th, 2020 • Delaware
Amended and Restated Trust Agreement, dated as of January 26, 2006, among (i) Morgan Stanley, formerly known as Morgan Stanley Dean Witter & Co., a Delaware corporation (including any successors or assigns, the “Depositor”), (ii) The Bank of New York, a New York banking corporation, as property trustee, (in such capacity, the “Property Trustee”), (iii) The Bank of New York (Delaware), a Delaware banking corporation, as Delaware trustee (the “Delaware Trustee”) (the Property Trustee and the Delaware Trustee are referred to collectively herein as the “Issuer Trustees”), (iv) two individuals selected by the holders of the Common Securities (as defined herein) to act as administrators with respect to the Issuer Trust (the “Administrators”) and (v) the several Holders, as hereinafter defined.
Form of] AMENDED AND RESTATED TRUST AGREEMENT among THE GOLDMAN SACHS GROUP, INC. as Depositor, 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...Trust Agreement • July 10th, 2017 • Goldman Sachs Capital III • Security brokers, dealers & flotation companies • Delaware
AMENDED AND RESTATED TRUST AGREEMENT, dated as of [ ], [ ], among (i) The Goldman Sachs Group, Inc., a Delaware corporation (including any successors or assigns, the “Depositor”), (ii) The Bank of New York Mellon, a New York banking corporation, 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) BNY Mellon Trust of Delaware, a Delaware banking corporation, as Delaware trustee (the “Delaware Trustee”), (iv) Jane M. Kelsey, an individual, Steven M. Bunson, an individual, and Rajashree Datta, an individual, each of whose address is c/o The Goldman Sachs Group, Inc., 200 West Street, New York, New York 10282 (each an “Administrative Trustee” and collectively the “Administrative Trustees”) and (v) the several Holders, as hereinafter defined.
AMENDED AND RESTATED TRUST AGREEMENT among BB&T CORPORATION, as Depositor U. S. BANK NATIONAL ASSOCIATION, as Property Trustee WILMINGTON TRUST COMPANY, as Delaware Trustee and the several Holders of the Trust Securities Dated as of October 28, 2009...Trust Agreement • October 28th, 2009 • Bb&t Corp • National commercial banks • Delaware
AMENDED AND RESTATED TRUST AGREEMENT, dated as of October 28, 2009 among (i) BB&T Corporation, a North Carolina corporation (including any successors or assigns, the “Depositor”), (ii) U.S. Bank National Association, a national banking association, as property trustee (in such capacity, the “Property Trustee” and, in its separate corporate capacity and not in its capacity as Property Trustee, “U.S. Bank”), (iii) Wilmington Trust Company, a Delaware banking corporation, as Delaware trustee (in such capacity, the “Delaware Trustee”), (iv) Frances B. Jones, an individual, and Christopher L. Henson, an individual, each of whose address is c/o BB&T Corporation, 200 West Second Street, Winston-Salem, NC 27101 (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 (v) the several Holders, as hereinafter defined.
AMENDED AND RESTATED TRUST AGREEMENT among POPULAR NORTH AMERICA, INC., as Depositor POPULAR, INC., as Guarantor THE BANK OF NEW YORK MELLON, as Property Trustee BNY MELLON TRUST OF DELAWARE, as Delaware Trustee and THE ADMINISTRATIVE TRUSTEES NAMED...Trust Agreement • September 3rd, 2009 • Popular Inc • State commercial banks • Delaware
Popular North America Capital Trust I, a statutory trust formed under the laws of the State of Delaware (the “Issuer Trust”), hereby certifies that [NAME OF HOLDER] (the “Holder”) is the registered owner of Common Securities of the Issuer Trust representing common undivided beneficial interests in the assets of the Issuer Trust and designated the 6.564% Common Securities (liquidation amount $1,000 per Common Security) (the “Common Securities”). To the fullest extent permitted by applicable law and except in accordance with Section 5.11 of the Trust Agreement (as defined below) the Common Securities are not transferable and any attempted transfer hereof other than in accordance therewith shall be void. The designations, rights, privileges, restrictions, preferences and other terms and provisions of the Common Securities are set forth in, and this certificate and the Common Securities represented hereby are issued and shall in all respects be subject to the terms and provisions of, the A
AMENDED AND RESTATED TRUST AGREEMENT among POPULAR NORTH AMERICA, INC., as Depositor POPULAR, INC., as Guarantor THE BANK OF NEW YORK MELLON, as Property Trustee BNY MELLON TRUST OF DELAWARE, as Delaware Trustee and THE ADMINISTRATIVE TRUSTEES NAMED...Trust Agreement • September 3rd, 2009 • Popular Inc • State commercial banks • Delaware
BanPonce Trust I, a statutory business trust formed under the laws of the State of Delaware (the “Issuer Trust”), hereby certifies that [NAME OF HOLDER] (the “Holder”) is the registered owner of common securities of the Issuer Trust representing common undivided beneficial interests in the assets of the Issuer Trust and designated the 8.327% Common Securities (liquidation amount $1,000 per Common Security) (the “Common Securities”). Except in accordance with Section 5.11 of the Trust Agreement (as defined below) the Common Securities are not transferable and any attempted transfer hereof other than in accordance therewith shall be void. The designations, rights, privileges, restrictions, preferences and other terms and provisions of the Common Securities are set forth in, and this certificate and the Common Securities represented hereby are issued and shall in all respects be subject to the terms and provisions of, the Amended and Restated Trust Agreement of the Issuer Trust, dated as
Exhibit (4)(n) AMENDED AND RESTATED TRUST AGREEMENT Among S&T BANCORP, INC. (as Depositor) (as Property Trustee) and (as Delaware Trustee) dated as of S&T CAPITAL TRUST [I] [II] [III]Trust Agreement • August 19th, 2009 • S&t Bancorp Inc • State commercial banks • Delaware
AMENDED AND RESTATED TRUST AGREEMENT, dated as of [ ] [ ], [ ], among (a) S&T BANCORP, INC., a Pennsylvania corporation (including any successors or assigns, the “Depositor”), (b) [ ], a [ ] banking corporation, 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”), (c) [ ], a Delaware banking corporation, as Delaware trustee (the “Delaware Trustee”) (the Property Trustee and the Delaware Trustee are referred to collectively herein as the “Issuer Trustees”) and (d) the several Holders, as hereinafter defined.
AMENDED AND RESTATED TRUST AGREEMENT among BB&T CORPORATION, as Depositor U. S. BANK NATIONAL ASSOCIATION, as Property Trustee WILMINGTON TRUST COMPANY, as Delaware Trustee and the several Holders of the Trust Securities Dated as of July 28, 2009 BB&T...Trust Agreement • July 28th, 2009 • Bb&t Corp • National commercial banks • Delaware
AMENDED AND RESTATED TRUST AGREEMENT, dated as of July 28, 2009 among (i) BB&T Corporation, a North Carolina corporation (including any successors or assigns, the “Depositor”), (ii) U.S. Bank National Association, a national banking association, as property trustee (in such capacity, the “Property Trustee” and, in its separate corporate capacity and not in its capacity as Property Trustee, “U.S. Bank”), (iii) Wilmington Trust Company, a Delaware banking corporation, as Delaware trustee (in such capacity, the “Delaware Trustee”), (iv) Frances B. Jones, an individual, and Christopher L. Henson, an individual, each of whose address is c/o BB&T Corporation, 200 West Second Street, Winston-Salem, NC 27101 (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 (v) the several Holders, as hereinafter defined.
AMENDED AND RESTATED TRUST AGREEMENT Among CENTERSTATE BANKS, INC. as Depositor, WILMINGTON TRUST COMPANY as Property Trustee, WILMINGTON TRUST COMPANY, as Delaware Trustee, and and as Administrators Dated as of ___________________ CENTERSTATE BANKS...Trust Agreement • July 2nd, 2009 • Centerstate Banks of Florida Inc • National commercial banks • Delaware
THIS AMENDED AND RESTATED TRUST AGREEMENT, dated as of _______________, is by and among (i) CenterState Banks, Inc., a Florida corporation, formerly known as CenterState Banks of Florida, Inc., (including any successors or assigns, the “Depositor”), (ii) Wilmington Trust Company, a Delaware banking corporation, as property trustee (in such capacity, the “Property Trustee” and, in its separate corporate capacity and not in its capacity as Property Trustee or Delaware Trustee, the “Bank”), (iii) Wilmington Trust Company, a Delaware banking corporation, as Delaware trustee (in such capacity, the “Delaware Trustee”) (the Property Trustee and the Delaware Trustee are referred to collectively herein as the “Issuer Trustees”), (iv) the Administrators, as hereinafter defined, and (v) the several Holders, as hereinafter defined.
FORM OF AMENDED AND RESTATED TRUST AGREEMENT among STATE STREET CORPORATION, as Depositor U.S. BANK NATIONAL ASSOCIATION as Property Trustee U.S. BANK TRUST NATIONAL ASSOCIATION, as Delaware Trustee and the several Holders of the Trust Securities...Trust Agreement • March 12th, 2009 • State Street Capital Trust V • State commercial banks • Delaware
AMENDED AND RESTATED TRUST AGREEMENT, dated as of [•] among (i) State Street Corporation, a Massachusetts corporation (including any successors or assigns, the “Depositor”), (ii) U.S. Bank National Association, a national banking association, 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) U.S. Bank Trust National Association, as Delaware trustee (in such capacity, the “Delaware Trustee”), (iv) [•], an individual, and [Lynne Jimenez], an individual, each of whose address is c/o State Street Corporation, 2 World Financial Center, 225 Liberty Street, New York, New York 10281(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 (v) the several Holders, as hereinafter defined.
AMENDED AND RESTATED TRUST AGREEMENT among BB&T CORPORATION, as Depositor U. S. BANK NATIONAL ASSOCIATION, as Property Trustee WILMINGTON TRUST COMPANY, as Delaware Trustee and the several Holders of the Trust Securities Dated as of September 10, 2008...Trust Agreement • September 10th, 2008 • Bb&t Corp • National commercial banks • Delaware
AMENDED AND RESTATED TRUST AGREEMENT, dated as of September 10, 2008 among (i) BB&T Corporation, a North Carolina corporation (including any successors or assigns, the “Depositor”), (ii) U.S. Bank National Association, a national banking association, as property trustee (in such capacity, the “Property Trustee” and, in its separate corporate capacity and not in its capacity as Property Trustee, “U.S. Bank”), (iii) Wilmington Trust Company, a Delaware banking corporation, as Delaware trustee (in such capacity, the “Delaware Trustee”), (iv) Frances B. Jones, an individual, and Christopher L. Henson, an individual, each of whose address is c/o BB&T Corporation, 200 West Second Street, Winston-Salem, NC 27101 (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 (v) the several Holders, as hereinafter defined.
AMENDED AND RESTATED TRUST AGREEMENT among KEYCORP, as Depositor DEUTSCHE BANK TRUST COMPANY AMERICAS, as Property Trustee DEUTSCHE BANK TRUST COMPANY DELAWARE, as Delaware Trustee and THE ADMINISTRATIVE TRUSTEES NAMED HEREIN Dated as of February 27,...Trust Agreement • February 27th, 2008 • Keycorp /New/ • National commercial banks • Delaware
AMENDED AND RESTATED TRUST AGREEMENT, dated as of February 27, 2008, among (i) KEYCORP, an Ohio corporation (including any successors or assigns, the “Depositor”), (ii) DEUTSCHE BANK TRUST COMPANY AMERICAS (formerly known as BANKERS TRUST COMPANY) a New York banking corporation, 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) DEUTSCHE BANK TRUST COMPANY DELAWARE (formerly known as BANKERS TRUST (DELAWARE)), a Delaware banking corporation, as Delaware trustee (the “Delaware Trustee”), (iv) Daniel R. Stolzer, an individual, and Louis D. Raffis, an individual, each of whose address is c/o KeyCorp, 127 Public Square, Cleveland, Ohio 44114 (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 (v) the several HOLD
AMENDED AND RESTATED TRUST AGREEMENT KEYCORP, as Depositor DEUTSCHE BANK TRUST COMPANY AMERICAS, as Property Trustee DEUTSCHE BANK TRUST COMPANY DELAWARE, as Delaware Trustee THE ADMINISTRATIVE TRUSTEES NAMED HEREIN Dated as of , 20 KEYCORP CAPITAL XITrust Agreement • February 19th, 2008 • KeyCorp Capital VIII • National commercial banks • Delaware
AMENDED AND RESTATED TRUST AGREEMENT, dated as of , 20 , among (i) KEYCORP, an Ohio corporation (including any successors or assigns, the “Depositor”), (ii) DEUTSCHE BANK TRUST COMPANY AMERICAS (formerly known as BANKERS TRUST COMPANY) a New York banking corporation, 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) DEUTSCHE BANK TRUST COMPANY DELAWARE (formerly known as BANKERS TRUST (DELAWARE)), a Delaware banking corporation, as Delaware trustee (the “Delaware Trustee”), (iv) Daniel R. Stolzer, an individual, and Louis D. Raffis, an individual, each of whose address is c/o KeyCorp, 127 Public Square, Cleveland, Ohio 44114 (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 (v) the several HOLDERS, as here
AMENDED AND RESTATED TRUST AGREEMENT KEYCORP, as Depositor DEUTSCHE BANK TRUST COMPANY AMERICAS, as Property Trustee DEUTSCHE BANK TRUST COMPANY DELAWARE, as Delaware Trustee THE ADMINISTRATIVE TRUSTEES NAMED HEREIN Dated as of February , 2008 KEYCORP...Trust Agreement • February 19th, 2008 • KeyCorp Capital VIII • National commercial banks • Delaware
AMENDED AND RESTATED TRUST AGREEMENT, dated as of February , 2008, among (i) KEYCORP, an Ohio corporation (including any successors or assigns, the “Depositor”), (ii) DEUTSCHE BANK TRUST COMPANY AMERICAS (formerly known as BANKERS TRUST COMPANY) a New York banking corporation, 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) DEUTSCHE BANK TRUST COMPANY DELAWARE (formerly known as BANKERS TRUST (DELAWARE)), a Delaware banking corporation, as Delaware trustee (the “Delaware Trustee”), (iv) Daniel R. Stolzer, an individual, and Louis D. Raffis, an individual, each of whose address is c/o KeyCorp, 127 Public Square, Cleveland, Ohio 44114 (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 (v) the several HOLDER
AMENDED AND RESTATED TRUST AGREEMENT among BB&T CORPORATION, as Depositor U. S. BANK NATIONAL ASSOCIATION, as Property Trustee WILMINGTON TRUST COMPANY, as Delaware Trustee and the several Holders of the Trust Securities Dated as of _______________...Trust Agreement • June 5th, 2007 • Bb&t Corp • National commercial banks • Delaware
AMENDED AND RESTATED TRUST AGREEMENT, dated as of among (i) BB&T Corporation, a North Carolina corporation (including any successors or assigns, the “Depositor”), (ii) U.S. Bank National Association, a national banking association, 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” or “U.S. Bank”), (iii) Wilmington Trust Company, a Delaware banking corporation, as Delaware trustee (in such capacity, the “Delaware Trustee”), (iv) M. Patricia Oliver, an individual, and Christopher L. Henson, an individual, each of whose address is c/o BB&T Corporation, 200 West Second Street, Winston-Salem, NC 27101 (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 (v) the several Holders, as hereinafter defined.
MORGAN STANLEY CAPITAL TRUST VIII AMENDED AND RESTATED TRUST AGREEMENT among MORGAN STANLEY, as Depositor, THE BANK OF NEW YORK, as Property Trustee, THE BANK OF NEW YORK (DELAWARE), as Delaware Trustee and the Administrators named hereinTrust Agreement • April 26th, 2007 • Morgan Stanley • Security brokers, dealers & flotation companies • Delaware
Amended and Restated Trust Agreement, dated as of April 26, 2007, among (i) Morgan Stanley, formerly known as Morgan Stanley Dean Witter & Co., a Delaware corporation (including any successors or assigns, the “Depositor”), (ii) The Bank of New York, a New York banking corporation, as property trustee (in such capacity, the “Property Trustee”), (iii) The Bank of New York (Delaware), a Delaware banking corporation, as Delaware trustee (the “Delaware Trustee”) (the Property Trustee and the Delaware Trustee are referred to collectively herein as the “Issuer Trustees”), (iv) two individuals selected by the holders of the Common Securities (as defined herein) to act as administrators with respect to the Issuer Trust (the “Administrators”) and (v) the several Holders, as hereinafter defined.
AMENDED AND RESTATED TRUST AGREEMENT Among GAINSCO, INC. as Depositor, U.S. BANK NATIONAL ASSOCIATION as Property Trustee, and Glenn W. Anderson and Daniel J. Coots as Administrators Dated as of December 21, 2006Trust Agreement • April 2nd, 2007 • Gainsco Inc • Fire, marine & casualty insurance • Connecticut
THIS AMENDED AND RESTATED TRUST AGREEMENT, dated as of December 21, 2006, is by and among (i) GAINSCO, INC., a Texas corporation (including any successors or assigns, the “Depositor”), (ii) U.S. Bank National Association, a national banking association, 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 Administrators, as hereinafter defined, and (iv) the several Holders, as hereinafter defined.
AMENDED AND RESTATED TRUST AGREEMENT among KEYCORP, as Depositor DEUTSCHE BANK TRUST COMPANY AMERICAS, as Property Trustee DEUTSCHE BANK TRUST COMPANY DELAWARE, as Delaware Trustee and THE ADMINISTRATIVE TRUSTEES NAMED HEREIN Dated as of November 21,...Trust Agreement • November 21st, 2006 • Keycorp /New/ • National commercial banks • Delaware
AMENDED AND RESTATED TRUST AGREEMENT, dated as of November 21, 2006, among (i) KEYCORP, an Ohio corporation (including any successors or assigns, the “Depositor”), (ii) DEUTSCHE BANK TRUST COMPANY AMERICAS (formerly known as BANKERS TRUST COMPANY) a New York banking corporation, 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) DEUTSCHE BANK TRUST COMPANY DELAWARE (formerly known as BANKERS TRUST (DELAWARE)), a Delaware banking corporation, as Delaware trustee (the “Delaware Trustee”), (iv) Daniel R. Stolzer, an individual, and Louis D. Raffis, an individual, each of whose address is c/o KeyCorp, 127 Public Square, Cleveland, Ohio 44114 (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 (v) the several HOLD
AMENDED AND RESTATED TRUST AGREEMENT among KEYCORP, as Depositor DEUTSCHE BANK TRUST COMPANY AMERICAS, as Property Trustee DEUTSCHE BANK TRUST COMPANY DELAWARE, as Delaware Trustee and THE ADMINISTRATIVE TRUSTEES NAMED HEREIN Dated as of November ,...Trust Agreement • November 15th, 2006 • KeyCorp Capital VIII • National commercial banks • Delaware
AMENDED AND RESTATED TRUST AGREEMENT, dated as of November , 2006, among (i) KEYCORP, an Ohio corporation (including any successors or assigns, the “Depositor”), (ii) DEUTSCHE BANK TRUST COMPANY AMERICAS (formerly known as BANKERS TRUST COMPANY) a New York banking corporation, 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) DEUTSCHE BANK TRUST COMPANY DELAWARE (formerly known as BANKERS TRUST (DELAWARE)), a Delaware banking corporation, as Delaware trustee (the “Delaware Trustee”), (iv) Daniel R. Stolzer, an individual, and Louis D. Raffis, an individual, each of whose address is c/o KeyCorp, 127 Public Square, Cleveland, Ohio 44114 (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 (v) the several HOLDER
MORGAN STANLEY CAPITAL TRUST VII AMENDED AND RESTATED TRUST AGREEMENT among MORGAN STANLEY, as Depositor, THE BANK OF NEW YORK, as Property Trustee, THE BANK OF NEW YORK (DELAWARE), as Delaware Trustee and the Administrators named hereinTrust Agreement • October 12th, 2006 • Morgan Stanley • Security brokers, dealers & flotation companies • Delaware
The Issuer Trust, and by acceptance of a beneficial interest in the Common Securities, each beneficial owner of the Common Securities will be deemed to have agreed to treat, for United States Federal income tax purposes, the Junior Subordinated Debentures as indebtedness of the Depositor and to treat the Common Securities as evidence of a beneficial ownership interest in the Junior Subordinated Debentures through a grantor trust.
AMENDED AND RESTATED TRUST AGREEMENT among KEYCORP, as Depositor DEUTSCHE BANK TRUST COMPANY AMERICAS, as Property Trustee DEUTSCHE BANK TRUST COMPANY DELAWARE, as Delaware Trustee and THE ADMINISTRATIVE TRUSTEES NAMED HEREIN Dated as of June 20, 2006...Trust Agreement • June 20th, 2006 • Keycorp /New/ • National commercial banks • Delaware
AMENDED AND RESTATED TRUST AGREEMENT, dated as of June 20, 2006, among (i) KEYCORP, an Ohio corporation (including any successors or assigns, the “Depositor”), (ii) DEUTSCHE BANK TRUST COMPANY AMERICAS (formerly known as BANKERS TRUST COMPANY) a New York banking corporation, 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) DEUTSCHE BANK TRUST COMPANY DELAWARE (formerly known as BANKERS TRUST (DELAWARE)), a Delaware banking corporation, as Delaware trustee (the “Delaware Trustee”), (iv) Daniel R. Stolzer, an individual, and Louis D. Raffis, an individual, each of whose address is c/o KeyCorp, 127 Public Square, Cleveland, Ohio 44114 (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 (v) the several HOLDERS,
AMENDED AND RESTATED TRUST AGREEMENT among BB&T CORPORATION, as Depositor U. S. BANK NATIONAL ASSOCIATION, as Property Trustee WILMINGTON TRUST COMPANY, as Delaware Trustee and the several Holders of the Trust Securities Dated as of _______________...Trust Agreement • May 18th, 2006 • BB&T Capital Trust II • National commercial banks • Delaware
AMENDED AND RESTATED TRUST AGREEMENT, dated as of among (i) BB&T Corporation, a North Carolina corporation (including any successors or assigns, the “Depositor”), (ii) U.S. Bank National Association, a national banking association, 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” or “U.S. Bank”), (iii) Wilmington Trust Company, a Delaware banking corporation, as Delaware trustee (in such capacity, the “Delaware Trustee”), (iv) M. Patricia Oliver, an individual, and Christopher L. Henson, an individual, each of whose address is c/o BB&T Corporation, 200 West Second Street, Winston-Salem, NC 27101 (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 (v) the several Holders, as hereinafter defined.
AMENDED AND RESTATED TRUST AGREEMENT among BB&T CORPORATION, as Depositor U. S. BANK NATIONAL ASSOCIATION, as Property Trustee WILMINGTON TRUST COMPANY, as Delaware Trustee and the several Holders of the Trust Securities Dated as of _______________...Trust Agreement • May 18th, 2006 • BB&T Capital Trust II • National commercial banks • Delaware
AMENDED AND RESTATED TRUST AGREEMENT, dated as of among (i) BB&T Corporation, a North Carolina corporation (including any successors or assigns, the “Depositor”), (ii) U.S. Bank National Association, a national banking association, 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” or “U.S. Bank”), (iii) Wilmington Trust Company, a Delaware banking corporation, as Delaware trustee (in such capacity, the “Delaware Trustee”), (iv) M. Patricia Oliver, an individual, and Christopher L. Henson, an individual, each of whose address is c/o BB&T Corporation, 200 West Second Street, Winston-Salem, NC 27101 (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 (v) the several Holders, as hereinafter defined.
MORGAN STANLEY CAPITAL TRUST VI AMENDED AND RESTATED TRUST AGREEMENT among MORGAN STANLEY, as Depositor, THE BANK OF NEW YORK, as Property Trustee, THE BANK OF NEW YORK (DELAWARE), as Delaware Trustee and the Administrators named hereinTrust Agreement • April 7th, 2006 • Morgan Stanley • Finance services • Delaware
Amended and Restated Trust Agreement, dated as of January 26, 2006, among (i) Morgan Stanley, formerly known as Morgan Stanley Dean Witter & Co., a Delaware corporation (including any successors or assigns, the “Depositor”), (ii) The Bank of New York, a New York banking corporation, as property trustee, (in such capacity, the “Property Trustee”), (iii) The Bank of New York (Delaware), a Delaware banking corporation, as Delaware trustee (the “Delaware Trustee”) (the Property Trustee and the Delaware Trustee are referred to collectively herein as the “Issuer Trustees”), (iv) two individuals selected by the holders of the Common Securities (as defined herein) to act as administrators with respect to the Issuer Trust (the “Administrators”) and (v) the several Holders, as hereinafter defined.
TRUST AGREEMENT Among GAINSCO, INC. as Depositor, WILMINGTON TRUST COMPANY as Property Trustee, WILMINGTON TRUST COMPANY, as Delaware Trustee, and Glenn W. Anderson Daniel J. Coots and Richard M. Buxton as Administrators Dated as of January 13, 2006Trust Agreement • January 18th, 2006 • Gainsco Inc • Fire, marine & casualty insurance • Delaware
THIS AMENDED AND RESTATED TRUST AGREEMENT, dated as of January 13, 2006, is by and among (i) GAINSCO, INC., a Texas 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” and, in its separate corporate capacity and not in its capacity as Property Trustee or Delaware Trustee, the “Bank”), (iii) Wilmington Trust Company, a Delaware banking corporation, as Delaware trustee (in such capacity, the “Delaware Trustee”) (the Property Trustee and the Delaware Trustee are referred to collectively herein as the “Issuer Trustees”), (iv) the Administrators, as hereinafter defined, and (v) the several Holders, as hereinafter defined.
AMENDED AND RESTATED TRUST AGREEMENT Among CRESCENT BANKING COMPANY as Depositor, WILMINGTON TRUST COMPANY as Property Trustee, WILMINGTON TRUST COMPANY, as Delaware Trustee, and J. Donald Boggus, Jr. Leland W. Brantley, Jr. and Bonnie B. Boling as...Trust Agreement • October 6th, 2005 • Crescent Banking Co • State commercial banks • Delaware
THIS AMENDED AND RESTATED TRUST AGREEMENT, dated as of September 30, 2005, is by and among (i) Crescent Banking Company, a Georgia 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” and, in its separate corporate capacity and not in its capacity as Property Trustee or Delaware Trustee, the “Bank”), (iii) Wilmington Trust Company, a Delaware banking corporation, as Delaware trustee (in such capacity, the “Delaware Trustee”) (the Property Trustee and the Delaware Trustee are referred to collectively herein as the “Issuer Trustees”), (iv) the Administrators, as hereinafter defined, and (v) the several Holders, as hereinafter defined.
AMENDED AND RESTATED TRUST AGREEMENT among KEYCORP, as Depositor, DEUTSCHE BANK TRUST COMPANY AMERICAS, as Property Trustee, DEUTSCHE BANK TRUST COMPANY DELAWARE, as Delaware Trustee, and THE ADMINISTRATIVE TRUSTEES NAMED HEREIN Dated as of KEYCORP...Trust Agreement • April 12th, 2005 • KeyCorp Capital VIII • National commercial banks • Delaware
AMENDED AND RESTATED TRUST AGREEMENT, dated as of , among (i) KEYCORP, an Ohio corporation (including any successors or assigns, the “Depositor”), (ii) DEUTSCHE BANK TRUST COMPANY AMERICAS (formerly known as BANKERS TRUST COMPANY) a New York banking corporation, 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) DEUTSCHE BANK TRUST COMPANY DELAWARE (formerly known as BANKERS TRUST (DELAWARE)), a Delaware banking corporation, as Delaware trustee (the “Delaware Trustee”), (iv) , an individual, and , an individual, each of whose address is c/o KeyCorp, 127 Public Square, Cleveland, Ohio 44144 (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 (v) the several HOLDERS, as hereinafter defined.
AMENDED AND RESTATED TRUST AGREEMENT among KEYCORP, as Depositor, DEUTSCHE BANK TRUST COMPANY AMERICAS, as Property Trustee, DEUTSCHE BANK TRUST COMPANY DELAWARE, as Delaware Trustee, and THE ADMINISTRATIVE TRUSTEES NAMED HEREIN Dated as of KEYCORP...Trust Agreement • April 12th, 2005 • KeyCorp Capital VIII • National commercial banks • Delaware
AMENDED AND RESTATED TRUST AGREEMENT, dated as of , among (i) KEYCORP, an Ohio corporation (including any successors or assigns, the “Depositor”), (ii) DEUTSCHE BANK TRUST COMPANY AMERICAS (formerly known as BANKERS TRUST COMPANY) a New York banking corporation, 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) DEUTSCHE BANK TRUST COMPANY DELAWARE (formerly known as BANKERS TRUST (DELAWARE)), a Delaware banking corporation, as Delaware trustee (the “Delaware Trustee”), (iv) an individual, and , an individual, each of whose address is c/o KeyCorp, 127 Public Square, Cleveland, Ohio 44144 (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 (v) the several HOLDERS, as hereinafter defined.
AMENDED AND RESTATED TRUST AGREEMENT among MARSHALL & ILSLEY CORPORATION, as Sponsor, [MARSHALL & ILSLEY CORPORATION] [M&I CAPITAL [ ] LLC], as Depositor, , as Property Trustee, THE BANK OF NEW YORK (DELAWARE), as Delaware Trustee, the Administrative...Trust Agreement • June 24th, 2004 • M&i Capital Trust C • National commercial banks • Delaware
Note: This reconciliation and tie shall not, for any purpose be deemed to be part of the Amended and Restated Trust Agreement.
AMENDED AND RESTATED TRUST AGREEMENT Among MOUNTAIN NATIONAL BANCSHARES, INC. as Depositor, WILMINGTON TRUST COMPANY as Property Trustee, WILMINGTON TRUST COMPANY, as Delaware Trustee, and Dwight B. Grizzell Michael L. Brown and Richard Hubbs as...Trust Agreement • May 17th, 2004 • Mountain National Bancshares Inc • National commercial banks • Delaware
THIS AMENDED AND RESTATED TRUST AGREEMENT, dated as of November 7, 2003, is by and among (i) Mountain National Bancshares, a Tennessee 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” and, in its separate corporate capacity and not in its capacity as Property Trustee or Delaware Trustee, the “Bank”), (iii) Wilmington Trust Company, a Delaware banking corporation, as Delaware trustee (in such capacity, the “Delaware Trustee”) (the Property Trustee and the Delaware Trustee are referred to collectively herein as the “Issuer Trustees”), (iv) the Administrators, as hereinafter defined, and (v) the several Holders, as hereinafter defined.
AMENDED AND RESTATED TRUST AGREEMENT Among CCF HOLDING COMPANY as Depositor, WILMINGTON TRUST COMPANY as Property Trustee, WILMINGTON TRUST COMPANY, as Delaware Trustee, and Leonard A. Moreland David B. Turner and Mary Jo Rogers as Administrators...Trust Agreement • May 17th, 2004 • CCF Holding Co • Savings institution, federally chartered • Delaware
THIS AMENDED AND RESTATED TRUST AGREEMENT, dated as of March 30, 2004, is by and among (i) CCF Holding Company, a Georgia 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” and, in its separate corporate capacity and not in its capacity as Property Trustee or Delaware Trustee, the “Bank”), (iii) Wilmington Trust Company, a Delaware banking corporation, as Delaware trustee (in such capacity, the “Delaware Trustee”) (the Property Trustee and the Delaware Trustee are referred to collectively herein as the “Issuer Trustees”), (iv) the Administrators, as hereinafter defined, and (v) the several Holders, as hereinafter defined.
AMENDED AND RESTATED TRUST AGREEMENT Among AUBURN NATIONAL BANCORPORATION, INC. as Depositor, WILMINGTON TRUST COMPANY as Property Trustee, WILMINGTON TRUST COMPANY, as Delaware Trustee, and E.L. Spencer, Jr. Emil F. Wright, Jr. and C. Wayne Alderman...Trust Agreement • November 14th, 2003 • Auburn National Bancorporation Inc • State commercial banks • Delaware
THIS AMENDED AND RESTATED TRUST AGREEMENT, dated as of November 4, 2003, is by and among (i) Auburn National Bancorporation, Inc., 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” and, in its separate corporate capacity and not in its capacity as Property Trustee or Delaware Trustee, the “Bank”), (iii) Wilmington Trust Company, a Delaware banking corporation, as Delaware trustee (in such capacity, the “Delaware Trustee”) (the Property Trustee and the Delaware Trustee are referred to collectively herein as the “Issuer Trustees”), (iv) the Administrators, as hereinafter defined, and (v) the several Holders, as hereinafter defined.
Exhibit (4)(n) AMENDED AND RESTATED TRUST AGREEMENT Among S&T BANCORP, INC. (as Depositor) (as Property Trustee) and (as Delaware Trustee) dated as of S&T CAPITAL TRUST [I] [II] [III]Trust Agreement • August 22nd, 2003 • S&t Bancorp Inc • State commercial banks • Delaware
AMENDED AND RESTATED TRUST AGREEMENT, dated as of [ ] [ ], [ ], among (a) S&T BANCORP, INC., a Pennsylvania corporation (including any successors or assigns, the "Depositor"), (b) [ ], a [ ] banking corporation, 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"), (c) [ ], a Delaware banking corporation, as Delaware trustee (the "Delaware Trustee") (the Property Trustee and the Delaware Trustee are referred to collectively herein as the "Issuer Trustees") and (d) the several Holders, as hereinafter defined.
MORGAN STANLEY CAPITAL TRUST IV AMENDED AND RESTATED TRUST AGREEMENT among MORGAN STANLEY, as Depositor, THE BANK OF NEW YORK, as Property Trustee, THE BANK OF NEW YORK (DELAWARE), as Delaware Trustee and the Administrators named hereinTrust Agreement • July 11th, 2003 • Morgan Stanley • Finance services • Delaware
Amended and Restated Trust Agreement, dated as of April 21, 2003, among (i) Morgan Stanley, formerly known as Morgan Stanley Dean Witter & Co., a Delaware corporation (including any successors or assigns, the “Depositor”), (ii) The Bank of New York, a New York banking corporation, as property trustee, (in such capacity, the “Property Trustee”), (iii) The Bank of New York (Delaware), a Delaware banking corporation, as Delaware trustee (the “Delaware Trustee”) (the Property Trustee and the Delaware Trustee are referred to collectively herein as the “Issuer Trustees”), (iv) two individuals selected by the holders of the Common Securities (as defined herein) to act as administrators with respect to the Issuer Trust (the “Administrators”) and (v) the several Holders, as hereinafter defined.
