Common Contracts
110 similar Trust Agreement contracts by Novastar Financial Inc, Geovera Insurance Holdings, Ltd., Great Wolf Resorts, Inc., others
AMENDED AND RESTATED TRUST AGREEMENT among PARAGON COMMERCIAL CORPORATION as Depositor WILMINGTON TRUST COMPANY as Property Trustee and THE ADMINISTRATIVE TRUSTEES NAMED HEREIN as Administrative Trustees Dated as of May 30, 2006 PARAGON COMMERCIAL...Trust Agreement • June 10th, 2016 • Paragon Commercial CORP • State commercial banks • Delaware
AMENDED AND RESTATED TRUST AGREEMENT, dated as of May 30, 2006, among (i) Paragon Commercial Corporation, a North Carolina corporation (including any successors or permitted 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) Robert C. Hatley, an individual, and Steven E. Crouse, an individual, each of whose address is c/o Paragon Commercial Corporation, 3605 Glenwood Avenue, Suite 100, Raleigh, North Carolina 27612, as administrative trustees (in such capacities, each an “Administrative Trustee” and, collectively, the “Administrative Trustees” and, together with the Property Trustee and the Delaware Trustee, the “Trustees”) and (v) the several Holders, as hereinafter defined.
AMENDED AND RESTATED TRUST AGREEMENT among MACON BANCORP, as Depositor DEUTSCHE BANK TRUST COMPANY AMERICAS, as Property Trustee DEUTSCHE BANK TRUST COMPANY DELAWARE, as Delaware Trustee and THE ADMINISTRATIVE TRUSTEES NAMED HEREIN as Administrative...Trust Agreement • March 18th, 2014 • Entegra Financial Corp. • Savings institutions, not federally chartered • New York
AMENDED AND RESTATED TRUST AGREEMENT, dated as of December 30, 2003, among (i) Macon Bancorp, a North Carolina corporation (including any successors or permitted assigns, the “Depositor”), (ii) Deutsche Bank Trust Company Americas, a New York banking corporation, as property trustee (in such capacity, the “Property Trustee”), (iii) Deutsche Bank Trust Company Delaware, a Delaware banking corporation, as Delaware trustee (in such capacity, the “Delaware Trustee”), (iv) Everett Stiles, an individual, Stan M. Jeffress, an individual, and Roger Plemens, an individual, each of whose address is c/o Macon Bancorp, One Center Court, Franklin, North Carolina 28734, as administrative trustees (in such capacities, each an “Administrative Trustee” and, collectively, the “Administrative Trustees” and, together with the Property Trustee and the Delaware Trustee, the “Trustees”) and (v) the several Holders, as hereinafter defined.
AMENDED AND RESTATED TRUST AGREEMENT among SAEHAN BANCORP, as Depositor WILMINGTON TRUST COMPANY, as Property Trustee WILMINGTON TRUST COMPANY, as Delaware Trustee and THE ADMINISTRATIVE TRUSTEES NAMED HEREIN as Administrative TrusteesTrust Agreement • March 14th, 2014 • Wilshire Bancorp Inc • State commercial banks • Delaware
AMENDED AND RESTATED TRUST AGREEMENT, dated as of March 30, 2007, among (i) Saehan Bancorp, a California corporation (including any successors or permitted 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) Benjamin Hong, an individual, Daniel Kim, an individual, and Jihee Pak, an individual, each of whose address is c/o Saehan Bancorp, 3580 Wilshire Blvd., Suite 1500, Los Angeles, CA 90010, as administrative trustees (in such capacities, each an “Administrative Trustee” and, collectively, the “Administrative Trustees” and, together with the Property Trustee and the Delaware Trustee, the “Trustees”) and (v) the several Holders, as hereinafter defined.
AMENDED AND RESTATED TRUST AGREEMENT among FIRST ACCEPTANCE CORPORATION as Depositor WILMINGTON TRUST COMPANY, as Property Trustee WILMINGTON TRUST COMPANY, as Delaware Trustee and THE ADMINISTRATIVE TRUSTEES NAMED HEREIN as Administrative Trustees...Trust Agreement • February 26th, 2013 • First Acceptance Corp /De/ • Fire, marine & casualty insurance • Delaware
AMENDED AND RESTATED TRUST AGREEMENT, dated as of June 15, 2007, among First Acceptance Corporation, a Delaware corporation (including any successors or permitted 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) Stephen Joe Harrison, an individual, Edward L. Pierce, an individual, and Michael John Bodayle, an individual, each of whose address is c/o First Acceptance Corporation, 3322 West End Avenue Suite 1000, Nashville, Tennessee 37203, as administrative trustees (in such capacities, each an “Administrative Trustee” and, collectively, the “Administrative Trustees” and, together with the Property Trustee and the Delaware Trustee, the “Trustees”) and (v) the several Holders, as hereinafter defined.
AMENDED AND RESTATED TRUST AGREEMENTTrust Agreement • May 22nd, 2012
WHEREAS, the Depositor and the Delaware Trustee have heretofore created a Delaware statutory trust pursuant to the Delaware Statutory Trust Act by entering into a Trust Agreement, dated as of September 12, 2006 (the "Original Trust Agreement"), and by executing and filing with the Secretary of State of the State of Delaware the Certificate of Trust, substantially in the form attached hereto as Exhibit A (the "Certificate of Trust"); and
AMENDED AND RESTATED TRUST AGREEMENT among GREAT WOLF RESORTS, INC., as Depositor WELLS FARGO DELAWARE TRUST COMPANY, NATIONAL ASSOCIATION, as Property Trustee WELLS FARGO DELAWARE TRUST COMPANY, NATIONAL ASSOCIATION, as Delaware Trustee and THE...Trust Agreement • May 8th, 2012 • Great Wolf Resorts, Inc. • Hotels & motels • Delaware
This AMENDED AND RESTATED TRUST AGREEMENT, dated as of March 12, 2012 (this “Trust Agreement”), among (i) Great Wolf Resorts, Inc., a Delaware corporation (including any successors or permitted assigns, the “Depositor”), (iii) Wells Fargo Delaware Trust Company, National Association, a national banking association, as property trustee (in such capacity, the “Property Trustee”), (iv) Wells Fargo Delaware Trust Company, National Association, a national banking association, as Delaware trustee (in such capacity, the “Delaware Trustee”), (iv) Alexander P. Lombardo, an individual, James A. Calder, an individual, and Kimberly K. Schaefer, an individual, each of whose address is c/o Great Wolf Resorts, Inc., 122 West Washington Avenue, 6th Floor, Madison, Wisconsin 53703, as administrative trustees (in such capacities, each an “Administrative Trustee” and, collectively, the “Administrative Trustees” and, together with the Property Trustee and the Delaware Trustee, the “Trustees”) and (v) the
AMENDED AND RESTATED TRUST AGREEMENT among CAPSTEAD MORTGAGE CORPORATION, as Depositor WELLS FARGO BANK, NATIONAL ASSOCIATION as Property Trustee WELLS FARGO DELAWARE TRUST COMPANY, as Delaware Trustee and THE ADMINISTRATIVE TRUSTEES NAMED HEREIN as...Trust Agreement • February 24th, 2012 • Capstead Mortgage Corp • Real estate investment trusts • Delaware
THIS AMENDED AND RESTATED TRUST AGREEMENT, dated as of September 26, 2005, among (i) Capstead Mortgage Corporation, a Maryland corporation (including any successors or permitted assigns, the “Depositor”), (ii) Wells Fargo Bank, National Association, as property trustee (in such capacity, the “Property Trustee”), (iii) Wells Fargo Delaware Trust Company, a national banking association, as Delaware trustee (in such capacity, the “Delaware Trustee”), (iv) Andrew F. Jacobs and an individual, Phillip A. Reinsch, each of whose address is c/o 8401 N. Central Expressway, Suite 800, Dallas, Texas 75225 as administrative trustees (in such capacities, each an “Administrative Trustee” and, collectively, the “Administrative Trustees” and, together with the Property Trustee and the Delaware Trustee, the “Trustees”) and (v) the several Holders, as hereinafter defined.
AMENDED AND RESTATED TRUST AGREEMENT among SKY FINANCIAL GROUP, INC., as Depositor, WILMINGTON TRUST COMPANY, as Property Trustee, WILMINGTON TRUST COMPANY, as Delaware Trustee and THE ADMINISTRATIVE TRUSTEES NAMED HEREIN as Administrative Trustees...Trust Agreement • November 29th, 2011 • Huntington Bancshares Inc/Md • National commercial banks • Delaware
AMENDED AND RESTATED TRUST AGREEMENT, dated as of April 6, 2006, among (i) Sky Financial Group, Inc., an Ohio corporation (including any successors or permitted 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) W. Granger Souder, Jr., an individual, Kevin T. Thompson, an individual, and Michael R. Moore, an individual, each of whose address is c/o Sky Financial Group, Inc., 221 South Church Street, Bowling Green, Ohio 43402, as administrative trustees (in such capacities, each an “Administrative Trustee” and, collectively, the “Administrative Trustees” and, together with the Property Trustee and the Delaware Trustee, the “Trustees”) and (v) the several Holders, as hereinafter defined.
AMENDED AND RESTATED TRUST AGREEMENT among MACON BANCORP, as Depositor DEUTSCHE BANK TRUST COMPANY AMERICAS, as Property Trustee DEUTSCHE BANK TRUST COMPANY DELAWARE, as Delaware Trustee and THE ADMINISTRATIVE TRUSTEES NAMED HEREIN as Administrative...Trust Agreement • September 19th, 2011 • Macon Financial Corp. • Savings institutions, not federally chartered • New York
AMENDED AND RESTATED TRUST AGREEMENT, dated as of December 30, 2003, among (i) Macon Bancorp, a North Carolina corporation (including any successors or permitted assigns, the “Depositor”), (ii) Deutsche Bank Trust Company Americas, a New York banking corporation, as property trustee (in such capacity, the “Property Trustee”), (iii) Deutsche Bank Trust Company Delaware, a Delaware banking corporation, as Delaware trustee (in such capacity, the “Delaware Trustee”), (iv) Everett Stiles, an individual, Stan M. Jeffress, an individual, and Roger Plemens, an individual, each of whose address is c/o Macon Bancorp, One Center Court, Franklin, North Carolina 28734, as administrative trustees (in such capacities, each an “Administrative Trustee” and, collectively, the “Administrative Trustees” and, together with the Property Trustee and the Delaware Trustee, the “Trustees”) and (v) the several Holders, as hereinafter defined.
AMENDED AND RESTATED TRUST AGREEMENT among FIRST CHESTER COUNTY CORPORATION as Depositor WILMINGTON TRUST COMPANY, as Property Trustee WILMINGTON TRUST COMPANY, as Delaware Trustee and THE ADMINISTRATIVE TRUSTEES NAMED HEREIN as Administrative...Trust Agreement • May 4th, 2009 • First Chester County Corp • National commercial banks • Delaware
AMENDED AND RESTATED TRUST AGREEMENT, dated as of April28, 2009, among (i) First Chester County Corporation, a Pennsylvania corporation (including any successors or permitted 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) John E. Balzarini, an individual, John A. Featherman, III, an individual, and Kevin C. Quinn, an individual, each of whose address is c/o First Chester County Corporation, 9 North High Street, West Chester, PA 19380, as administrative trustees (in such capacities, each an “Administrative Trustee” and, collectively, the “Administrative Trustees” and, together with the Property Trustee and the Delaware Trustee, the “Trustees”) and (v) the several Holders, as hereinafter defined.
AMENDED AND RESTATED TRUST AGREEMENT among PLAINS CAPITAL CORPORATION, as Depositor WELLS FARGO BANK, N.A., as Property Trustee WELLS FARGO DELAWARE TRUST COMPANY, as Delaware Trustee and THE ADMINISTRATIVE TRUSTEES NAMED HEREIN as Administrative...Trust Agreement • April 17th, 2009 • Plains Capital Corp • Delaware
AMENDED AND RESTATED TRUST AGREEMENT, dated as of February 22, 2008, among (i) Plains Capital Corporation, a Texas corporation (including any successors or permitted assigns, the “Depositor”), (ii) Wells Fargo Bank, N.A., a national banking association, as property trustee (in such capacity, the “Property Trustee”), (iii) Wells Fargo Delaware Trust Company, a Delaware banking corporation, as Delaware trustee (in such capacity, the “Delaware Trustee”), (iv) Alan B. White, an individual, Jeff Isom, an individual, and DeWayne Pierce, an individual, each of whose address is c/o Plains Capital Corporation, 2911 Turtle Creek Blvd. Ste. 700, Dallas, Texas 75219, as administrative trustees (in such capacities, each an “Administrative Trustee” and, collectively, the “Administrative Trustees” and, together with the Property Trustee and the Delaware Trustee, the “Trustees”) and (v) the several Holders, as hereinafter defined.
TOMPKINS CAPITAL TRUST I AMENDED AND RESTATED TRUST AGREEMENT AMONG TOMPKINS FINANCIAL CORPORATION, AS DEPOSITOR WILMINGTON TRUST COMPANY, AS PROPERTY TRUSTEE WILMINGTON TRUST COMPANY, AS DELAWARE TRUSTEE, AND THE ADMINISTRATIVE TRUSTEES NAMED HEREIN...Trust Agreement • April 16th, 2009 • Tompkins Financial Corp • State commercial banks • Delaware
AMENDED AND RESTATED TRUST AGREEMENT, dated as of April 10, 2009, among (a) TOMPKINS FINANCIAL CORPORATION, a New York corporation (including any successors or assigns, the “Depositor”), (b) WILMINGTON TRUST COMPANY, a banking corporation duly organized and existing under the laws of Delaware, as property trustee (the “Property Trustee” and, in its separate corporate capacity and not in its capacity as Property Trustee, the “Bank”), (c) WILMINGTON TRUST COMPANY, a banking corporation duly organized and existing under the laws of the State of Delaware, as Delaware trustee (the “Delaware Trustee,” and, in its separate corporate capacity and not in its capacity as Delaware Trustee, the “Delaware Bank”), (d) FRANCIS M. FETSKO, an individual, DAVID K. KERSHAW, an individual, and JOHN T. SAUNDERS, an individual, each of whose address is c/o Tompkins Financial Corporation, 110 North Tioga Street, Ithaca, New York 14850 (each an “Administrative Trustee” and collectively the “Administrative Tru
AMENDED AND RESTATED TRUST AGREEMENT among NOVASTAR MORTGAGE, INC., as Depositor THE BANK OF NEW YORK MELLON TRUST COMPANY, NATIONAL ASSOCIATION, as Property Trustee BNY MELLON TRUST OF DELAWARE, as Delaware Trustee and THE ADMINISTRATIVE TRUSTEES...Trust Agreement • February 24th, 2009 • Novastar Financial Inc • Real estate investment trusts • Delaware
This AMENDED AND RESTATED TRUST AGREEMENT (this “Trust Agreement”), dated as of February 18, 2009 (the “Execution Date”), among (i) NovaStar Mortgage, Inc., a Virginia corporation (including any successors or permitted assigns, the “Depositor”), (ii) The Bank of New York Mellon Trust Company, National Association, a national banking association, as property trustee (in such capacity, the “Property Trustee”), (iii) BNY Mellon Trust of Delaware, a Delaware banking corporation, as Delaware trustee (in such capacity, the “Delaware Trustee”), and (iv) W. Lance Anderson, Rodney E. Schwatken and Matthew R. Kaltenrieder, each an individual whose address is c/o NovaStar Financial, Inc., 2114 Central Street, Suite 600, Kansas City, MO 64108, as administrative trustees (in such capacities, each an “Administrative Trustee” and, collectively, the “Administrative Trustees” and together with the Property Trustee and the Delaware Trustee, the “Trustees”).
AMENDED AND RESTATED TRUST AGREEMENT among NOVASTAR MORTGAGE, INC., as Depositor THE BANK OF NEW YORK MELLON TRUST COMPANY, NATIONAL ASSOCIATION, as Property Trustee BNY MELLON TRUST OF DELAWARE, as Delaware Trustee and THE ADMINISTRATIVE TRUSTEES...Trust Agreement • February 24th, 2009 • Novastar Financial Inc • Real estate investment trusts • Delaware
This AMENDED AND RESTATED TRUST AGREEMENT (this “Trust Agreement”), dated as of February 18, 2009 (the “Execution Date”), among (i) NovaStar Mortgage, Inc., a Virginia corporation (including any successors or permitted assigns, the “Depositor”), (ii) The Bank of New York Mellon Trust Company, National Association, a national banking association, as property trustee (in such capacity, the “Property Trustee”), (iii) BNY Mellon Trust of Delaware, a Delaware banking corporation, as Delaware trustee (in such capacity, the “Delaware Trustee”), and (iv) W. Lance Anderson, Rodney E. Schwatken and Matthew R. Kaltenrieder, each an individual whose address is c/o NovaStar Financial, Inc., 2114 Central Street, Suite 600, Kansas City, MO 64108, as administrative trustees (in such capacities, each an “Administrative Trustee” and, collectively, the “Administrative Trustees” and together with the Property Trustee and the Delaware Trustee, the “Trustees”).
SECOND AMENDED AND RESTATED TRUST AGREEMENT among BIMINI MORTGAGE MANAGEMENT, INC., as Depositor JPMORGAN CHASE BANK, NATIONAL ASSOCIATION as Property Trustee CHASE BANK USA, NATIONAL ASSOCIATION, as Delaware Trustee and THE ADMINISTRATIVE TRUSTEES...Trust Agreement • November 6th, 2008 • Bimini Capital Management, Inc. • Real estate investment trusts • Delaware
This Second Amended and Restated Trust Agreement, dated as of September 26, 2005 (as amended and restated, the “Trust Agreement”), among (i) Bimini Mortgage Management, Inc., a Maryland corporation (including any successors or permitted assigns, the “Depositor”), (ii) JPMorgan Chase Bank, National Association, a national banking association, as property trustee (in such capacity, the “Property Trustee”), (iii) Chase Bank USA, National Association, a national banking association, as Delaware trustee (in such capacity, the “Delaware Trustee”), (iv) Jeffrey J. Zimmer, an individual, Robert E. Cauley, an individual, and Amber K. Luedke, an individual, each of whose address is c/o Bimini Mortgage Management, Inc., 3305 Flamingo Drive, Vero Beach, FL 32963, as administrative trustees (in such capacities, each an “Administrative Trustee” and, collectively, the “Administrative Trustees” and, together with the Property Trustee and the Delaware Trustee, the “Trustees”) and (v) the several Holder
SECOND AMENDED AND RESTATED TRUST AGREEMENT Among NOVASTAR MORTGAGE, INC., as Depositor JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, as Property Trustee CHASE BANK USA, NATIONAL ASSOCIATION, as Delaware Trustee and THE ADMINISTRATIVE TRUSTEES NAMED...Trust Agreement • August 18th, 2008 • Novastar Financial Inc • Real estate investment trusts • Delaware
THIS SECOND AMENDED AND RESTATED TRUST AGREEMENT, dated as of September [_], 2005 (as amended and restated, the “Trust Agreement”), among (i) NovaStar Mortgage, Inc., a Virginia corporation (including any successors or permitted assigns, the “Depositor”), (ii) JPMorgan Chase Bank, National Association, a national banking association, as property trustee (in such capacity, the “Property Trustee”), (iii) Chase Bank USA, National Association, a national banking association, as Delaware trustee (in such capacity, the “Delaware Trustee”), (iv) Scott F. Hartman, an individual, Gregory S. Metz, an individual and Jeffrey D. Ayers, an individual, each of whose address is c/o NovaStar Financial, Inc., 8140 Ward Parkway, Suite 300, Kansas City, MO 64114, as administrative trustees (in such capacities, each an “Administrative Trustee” and, collectively, the “Administrative Trustees” and, together with the Property Trustee and the Delaware Trustee, the “Trustees”) and (v) the several Holders, as he
AMENDED AND RESTATED TRUST AGREEMENT among NARA BANCORP, INC., as Depositor THE BANK OF NEW YORK, as Property Trustee THE BANK OF NEW YORK (DELAWARE), as Delaware Trustee and THE ADMINISTRATIVE TRUSTEES NAMED HEREIN as Administrative Trustees Dated as...Trust Agreement • May 2nd, 2008 • Nara Bancorp Inc • National commercial banks • Delaware
AMENDED AND RESTATED TRUST AGREEMENT, dated as of June 5, 2003, among (i) Nara Bancorp, Inc., a Delaware corporation (including any successors or permitted 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 (in such capacity, the “Delaware Trustee”), (iv) Min J. Kim, an individual, Christine Oh, an individual and Michel Urich, an individual, each of whose address is c/o Nara Bancorp, Inc., 3701 Wilshire Blvd, #220, Los Angeles, California 90010, as administrative trustees (in such capacities, each an “Administrative Trustee” and, collectively, the “Administrative Trustees” and, together with the Property Trustee and the Delaware Trustee, the “Trustees”) and (v) the several Holders, as hereinafter defined.
AMENDED AND RESTATED TRUST AGREEMENT amongTrust Agreement • March 19th, 2008 • Coastal Banking Co Inc • National commercial banks • Delaware
AMENDED AND RESTATED TRUST AGREEMENT, dated as of June 30, 2006, among (i) Coastal Banking Company, Inc., a South Carolina corporation (including any successors or permitted 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) Randolph C. Kohn, an individual, James L. Pate, an individual, and W. Gary Horn, an individual, each of whose address is c/o Coastal Banking Company, Inc., 36 Sea Island Pkwy, Beaufort, South Carolina 29907, as administrative trustees (in such capacities, each an “Administrative Trustee” and, collectively, the “Administrative Trustees” and, together with the Property Trustee and the Delaware Trustee, the “Trustees”) and (v) the several Holders, as hereinafter defined.
AMENDED AND RESTATED TRUST AGREEMENT among TEMECULA VALLEY BANCORP INC., as Depositor WILMINGTON TRUST COMPANY, as Property Trustee WILMINGTON TRUST COMPANY, as Delaware Trustee and THE ADMINISTRATIVE TRUSTEES NAMED HEREIN as Administrative Trustees...Trust Agreement • March 17th, 2008 • Temecula Valley Bancorp Inc • National commercial banks • Delaware
This Trust Preferred Securities Certificate shall be governed by and construed in accordance with the laws of the State of Delaware.
AMENDED AND RESTATED TRUST AGREEMENT among TEMECULA VALLEY BANCORP INC., as Depositor WILMINGTON TRUST COMPANY, as Property Trustee WILMINGTON TRUST COMPANY, as Delaware Trustee and THE ADMINISTRATIVE TRUSTEES NAMED HEREIN as Administrative Trustees...Trust Agreement • December 7th, 2007 • Temecula Valley Bancorp Inc • National commercial banks • Delaware
AMENDED AND RESTATED TRUST AGREEMENT, dated as of ____________ __, 2007, among (i) Temecula Valley Bancorp Inc., a California corporation (including any successors or permitted 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) Stephen H. Wacknitz, an individual, Donald A. Pitcher, an individual, and William H. McGaughey, an individual, each of whose address is c/o Temecula Valley Bancorp Inc., 27710 Jefferson Avenue, Suite A100, Temecula, CA 92590, as administrative trustees (in such capacities, each an “Administrative Trustee” and, collectively, the “Administrative Trustees” and, together with the Property Trustee and the Delaware Trustee, the “Trustees”) and (v) the several Holders, as hereinafter defined.
AMENDED AND RESTATED TRUST AGREEMENT among NORTH STATE BANCORP, as Depositor WELLS FARGO BANK, N.A. as Property Trustee WELLS FARGO DELAWARE TRUST COMPANY, as Delaware Trustee and THE ADMINISTRATIVE TRUSTEES NAMED HEREIN as Administrative TrusteesTrust Agreement • November 30th, 2007 • North State Bancorp • State commercial banks • Delaware
AMENDED AND RESTATED TRUST AGREEMENT, dated as of November 28, 2007, among (i) North State Bancorp, a North Carolina corporation (including any successors or permitted assigns, the “Depositor”), (ii) Wells Fargo Bank, N.A., a national banking association, as property trustee (in such capacity, the “Property Trustee”), (iii) Wells Fargo Delaware Trust Company, a Delaware banking corporation, as Delaware trustee (in such capacity, the “Delaware Trustee”), (iv) Kirk Whorf, an individual, David Shipp, an individual, and Sandra Temple, an individual, each of whose address is c/o North State Bancorp, 4270 the Circle at North Hills, Raleigh, North Carolina 27609, as administrative trustees (in such capacities, each an “Administrative Trustee” and, collectively, the “Administrative Trustees” and, together with the Property Trustee and the Delaware Trustee, the “Trustees”) and (v) the several Holders, as hereinafter defined.
AMENDED AND RESTATED TRUST AGREEMENT among HARLEYSVILLE NATIONAL CORPORATION, as Depositor WILMINGTON TRUST COMPANY, as Property Trustee WILMINGTON TRUST COMPANY, as Delaware Trustee and THE ADMINISTRATIVE TRUSTEES NAMED HEREIN as Administrative...Trust Agreement • November 8th, 2007 • Harleysville National Corp • National commercial banks • Delaware
AMENDED AND RESTATED TRUST AGREEMENT, dated as of August 22, 2007, among (i) Harleysville National Corporation, a Pennsylvania corporation (including any successors or permitted 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) Paul D. Geraghty, an individual, Michael B. High, an individual, and George S. Rapp, an individual, each of whose address is c/o Harleysville National Corporation, 483 Main St., Harleysville, PA 19438, as administrative trustees (in such capacities, each an “Administrative Trustee” and, collectively, the “Administrative Trustees” and, together with the Property Trustee and the Delaware Trustee, the “Trustees”) and (v) the several Holders, as hereinafter defined.
AMENDED AND RESTATED TRUST AGREEMENT among GREATER COMMUNITY BANCORP, as Depositor WILMINGTON TRUST COMPANY, as Property Trustee WILMINGTON TRUST COMPANY, as Delaware Trustee and THE ADMINISTRATIVE TRUSTEES NAMED HEREIN as Administrative Trustees...Trust Agreement • August 9th, 2007 • Greater Community Bancorp • State commercial banks • Delaware
AMENDED AND RESTATED TRUST AGREEMENT, dated as of July 2, 2007, among (i) Greater Community Bancorp, a New Jersey corporation (including any successors or permitted 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) Anthony M. Bruno, Jr., an individual, Stephen J. Mauger, an individual, and Jeannette M. Chardavoyne, an individual, each of whose address is c/o Greater Community Bancorp, 55 Union Boulevard, Totowa, NJ 07512, as administrative trustees (in such capacities, each an “Administrative Trustee” and, collectively, the “Administrative Trustees” and, together with the Property Trustee and the Delaware Trustee, the “Trustees”) and (v) the several Holders, as hereinafter defined.
AMENDED AND RESTATED TRUST AGREEMENT among NORTHSTAR REALTY FINANCE LIMITED PARTNERSHIP, as Depositor NORTHSTAR REALTY FINANCE CORP., as Guarantor WILMINGTON TRUST COMPANY as Property Trustee WILMINGTON TRUST COMPANY as Delaware Trustee and THE...Trust Agreement • August 9th, 2007 • Northstar Realty • Real estate investment trusts • Delaware
AMENDED AND RESTATED TRUST AGREEMENT, dated as of June 7, 2007, among (i) NorthStar Realty Finance Limited Partnership, a Delaware limited partnership (including any successors or permitted assigns, the “Depositor”), (ii) NorthStar Realty Finance Corp., a Maryland corporation (including any successors or permitted assigns, the “Guarantor”), (iii) Wilmington Trust Company, a Delaware banking corporation, as property trustee (in such capacity, the “Property Trustee”), (iv) Wilmington Trust Company, a Delaware banking corporation, as Delaware trustee (in such capacity, the “Delaware Trustee”), (v) David T. Hamamoto, an individual, Richard J. McCready, an individual, and Andrew C. Richardson, an individual, each of whose address is c/o NorthStar Realty Finance Limited Partnership, c/o NorthStar Realty Finance Corp., 399 Park Avenue, 18th Floor, New York, NY 10022, as administrative trustees (in such capacities, each an “Administrative Trustee” and, collectively, the “Administrative Trustee
AMENDED AND RESTATED TRUST AGREEMENT among STIFEL FINANCIAL CORP., as Depositor WILMINGTON TRUST COMPANY, as Property Trustee WILMINGTON TRUST COMPANY, as Delaware Trustee and THE ADMINISTRATIVE TRUSTEES NAMED HEREIN as Administrative Trustees Dated...Trust Agreement • July 5th, 2007 • Stifel Financial Corp • Security brokers, dealers & flotation companies • Delaware
SECURITY FOR ITS OWN ACCOUNT, OR FOR THE ACCOUNT OF AN "ACCREDITED INVESTOR," WITHIN THE MEANING OF SUBPARAGRAPH (a) (1), (2), (3) OR (7) OF RULE 501 UNDER THE SECURITIES ACT, FOR INVESTMENT PURPOSES AND NOT WITH A VIEW TO, OR FOR OFFER OR SALE IN CONNECTION WITH, ANY DISTRIBUTION IN VIOLATION OF THE SECURITIES ACT, IN EACH CASE IN ACCORDANCE WITH ANY APPLICABLE SECURITIES LAWS OF ANY STATE OF THE UNITED STATES OR ANY OTHER APPLICABLE JURISDICTION AND, IN THE CASE OF (III), SUBJECT TO THE RIGHT OF THE TRUST AND THE DEPOSITOR TO REQUIRE AN OPINION OF COUNSEL ADDRESSING COMPLIANCE WITH THE U.S. SECURITIES LAWS, AND OTHER INFORMATION SATISFACTORY TO EACH OF THEM AND (B) THE HOLDER WILL NOTIFY ANY PURCHASER OF ANY PREFERRED SECURITIES FROM IT OF THE RESALE RESTRICTIONS REFERRED TO IN (A) ABOVE.
AMENDED AND RESTATED TRUST AGREEMENT among ALESCO FINANCIAL INC., as Depositor WELLS FARGO BANK, N.A., as Property Trustee WELLS FARGO DELAWARE TRUST COMPANY, as Delaware Trustee and THE ADMINISTRATIVE TRUSTEES NAMED HEREIN as Administrative TrusteesTrust Agreement • June 29th, 2007 • Alesco Financial Inc • Real estate investment trusts • Delaware
This AMENDED AND RESTATED TRUST AGREEMENT, dated as of June 25, 2007 (this “Trust Agreement”), among (i) Alesco Financial Inc., a Maryland corporation (including any successors or permitted assigns, the “Depositor”), (ii) Wells Fargo Bank, N.A., a national banking association, as property trustee (in such capacity, the “Property Trustee”), (iii) Wells Fargo Delaware Trust Company, a limited purpose trust company, as Delaware trustee (in such capacity, the “Delaware Trustee”), and (iv) John Longino, an individual, and Christian Carr, an individual, each of whose address is c/o Alesco Financial Inc., 2929 Arch Street, 17th floor, Philadelphia, PA 19104, as administrative trustees (in such capacities, each an “Administrative Trustee” and, collectively, the “Administrative Trustees” and, together with the Property Trustee and the Delaware Trustee, the “Trustees”).
AMENDED AND RESTATED TRUST AGREEMENT among VESTIN REALTY MORTGAGE II, INC., AS DEPOSITOR THE BANK OF NEW YORK TRUST COMPANY, NATIONAL ASSOCIATION AS PROPERTY TRUSTEE THE BANK OF NEW YORK (DELAWARE), AS DELAWARE TRUSTEE AND THE ADMINISTRATIVE TRUSTEES...Trust Agreement • June 27th, 2007 • Vestin Realty Mortgage II, Inc • Real estate investment trusts • Delaware
THIS AMENDED AND RESTATED TRUST AGREEMENT (“Trust Agreement”), dated as of June 22, 2007, among (i) Vestin Realty Mortgage II, Inc., a Maryland corporation (including any successors or permitted assigns, the “Depositor”), (ii) The Bank of New York Trust Company, National Association, a national banking association, as property trustee (in such capacity, the “Property Trustee”), (iii) The Bank of New York (Delaware), a Delaware banking corporation, as Delaware trustee (in such capacity, the “Delaware Trustee”), (iv) Michael V. Shustek, an individual, Daniel Stubbs, an individual, and Rocio Revollo, an individual, each of whose address is c/o Vestin Realty Mortgage II, Inc., 8379 West Sunset Road, Las Vegas, Nevada 89113, as administrative trustees (in such capacities, each an “Administrative Trustee” and, collectively, the “Administrative Trustees” and, together with the Property Trustee and the Delaware Trustee, the “Trustees”) and (v) the several Holders, as hereinafter defined.
AMENDED AND RESTATED TRUST AGREEMENTTrust Agreement • June 19th, 2007 • Great Wolf Resorts, Inc. • Hotels & motels • Delaware
This Common Securities Certificate shall be governed by and construed in accordance with the laws of the State of Delaware.
AMENDED AND RESTATED TRUST AGREEMENT among MEDALLION FINANCIAL CORP. as Depositor WILMINGTON TRUST COMPANY, as Property Trustee WILMINGTON TRUST COMPANY, as Delaware Trustee and THE ADMINISTRATIVE TRUSTEES NAMED HEREIN as Administrative TrusteesTrust Agreement • June 11th, 2007 • Medallion Financial Corp • Finance services • Delaware
AMENDED AND RESTATED TRUST AGREEMENT, dated as of June 7, 2007, among (i) Medallion Financial Corp., a Delaware limited corporation (including any successors or permitted 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) Alvin Murstein, an individual and Andrew M. Murstein, an individual, each of whose address is c/o Medallion Financial Corp., 437 Madison Avenue, 38th Floor, New York, New York 10022, as administrative trustees (in such capacities, each an “Administrative Trustee” and, collectively, the “Administrative Trustees” and, together with the Property Trustee and the Delaware Trustee, the “Trustees”) and (v) the several Holders, as hereinafter defined.
AMENDED AND RESTATED TRUST AGREEMENT among HFF&L (U.S.) HOLDINGS, INC., as Depositor JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, as Property Trustee CHASE BANK USA, NATIONAL ASSOCIATION, as Delaware Trustee and THE ADMINISTRATIVE TRUSTEES NAMED HEREIN...Trust Agreement • May 16th, 2007 • Geovera Insurance Holdings, Ltd. • Fire, marine & casualty insurance • Delaware
THIS AMENDED AND RESTATED TRUST AGREEMENT, dated as of November 1, 2005, among (i) HFF&L (U.S.) Holdings, Inc., a Delaware corporation (including any successors or permitted assigns, the “Depositor”), (ii) JPMorgan Chase Bank, National Association, a national banking association, as property trustee (in such capacity, the “Property Trustee”), (iii) Chase Bank USA, National Association, a national banking association, as Delaware trustee (in such capacity, the “Delaware Trustee”), (iv) Karen Padovese, an individual, and Rosemary Quinn, an individual, each of whose address is c/o HFF&L (U.S.) Holdings, Inc., 4820 Business Center Drive, Suite 200, Fairfield, CA 94534, as administrative trustees (in such capacities, each an “Administrative Trustee” and, collectively, the “Administrative Trustees” and, together with the Property Trustee and the Delaware Trustee, the “Trustees”) and (v) the several Holders, as hereinafter defined.
AMENDED AND RESTATED TRUST AGREEMENT among HFF&L (BERMUDA) HOLDINGS, LTD., as Depositor JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, as Property Trustee CHASE BANK USA, NATIONAL ASSOCIATION, as Delaware Trustee and THE ADMINISTRATIVE TRUSTEES NAMED...Trust Agreement • May 16th, 2007 • Geovera Insurance Holdings, Ltd. • Fire, marine & casualty insurance • Delaware
THIS AMENDED AND RESTATED TRUST AGREEMENT, dated as of November 1, 2005, among (i) HFF&L (Bermuda) Holdings, Ltd., a Bermuda exempted limited liability company (including any successors or permitted assigns, the “Depositor”), (ii) JPMorgan Chase Bank, National Association, a national banking association, as property trustee (in such capacity, the “Property Trustee”), (iii) Chase Bank USA, National Association, a national banking association, as Delaware trustee (in such capacity, the “Delaware Trustee”), (iv) Cedric Snow, an individual, and Rosemary Quinn, an individual, each of whose address is c/o HFF&L (Bermuda) Holdings, Ltd., Canon’s Court, 22 Victoria’s Street, Hamilton HM 12 Bermuda, as administrative trustees (in such capacities, each an “Administrative Trustee” and, collectively, the “Administrative Trustees” and, together with the Property Trustee and the Delaware Trustee, the “Trustees”) and (v) the several Holders, as hereinafter defined.
AMENDED AND RESTATED TRUST AGREEMENT among NORTHSTAR REALTY FINANCE LIMITED PARTNERSHIP, as Depositor NORTHSTAR REALTY FINANCE CORP., as Guarantor WILMINGTON TRUST COMPANY as Property Trustee WILMINGTON TRUST COMPANY as Delaware Trustee and THE...Trust Agreement • May 10th, 2007 • Northstar Realty • Real estate investment trusts • Delaware
AMENDED AND RESTATED TRUST AGREEMENT, dated as of March 30, 2007, among (i) NorthStar Realty Finance Limited Partnership, a Delaware limited partnership (including any successors or permitted assigns, the “Depositor”), (ii) NorthStar Realty Finance Corp., a Maryland corporation (including any successors or permitted assigns, the “Guarantor”), (iii) Wilmington Trust Company, a Delaware banking corporation, as property trustee (in such capacity, the “Property Trustee”), (iv) Wilmington Trust Company, a Delaware banking corporation, as Delaware trustee (in such capacity, the “Delaware Trustee”), (v) David T. Hamamoto, an individual, Richard J. McCready, an individual, and Andrew C. Richardson, an individual, each of whose address is c/o NorthStar Realty Finance Limited Partnership, c/o NorthStar Realty Finance Corp., 399 Park Avenue, 18th Floor, New York, NY 10022, as administrative trustees (in such capacities, each an “Administrative Trustee” and, collectively, the “Administrative Trust
AMENDED AND RESTATED TRUST AGREEMENT among CAPITAL TRUST, INC., AS DEPOSITOR THE BANK OF NEW YORK TRUST COMPANY, NATIONAL ASSOCIATION AS PROPERTY TRUSTEE THE BANK OF NEW YORK (DELAWARE) AS DELAWARE TRUSTEE AND THE ADMINISTRATIVE TRUSTEES NAMED HEREIN...Trust Agreement • May 1st, 2007 • Capital Trust Inc • Real estate investment trusts • Delaware
THIS AMENDED AND RESTATED TRUST AGREEMENT, dated as of March 29, 2007, among (i) Capital Trust, Inc., a Maryland corporation (including any successors or permitted assigns, the “Depositor”), (ii) The Bank of New York Trust Company, National Association, a national banking association, as property trustee (in such capacity, the “Property Trustee”), (iii) The Bank of New York (Delaware), a Delaware banking corporation, as Delaware trustee (in such capacity, the “Delaware Trustee”), (iv) John R. Klopp, an individual, Stephen D. Plavin, an individual and Geoffrey G. Jervis, an individual, each of whose address is c/o Capital Trust, Inc., 410 Park Avenue, 14th Floor, New York, New York 10022, as administrative trustees (in such capacities, each an “Administrative Trustee” and, collectively, the “Administrative Trustees” and, together with the Property Trustee and the Delaware Trustee, the “Trustees”) and (v) the several Holders, as hereinafter defined.
AMENDED AND RESTATED TRUST AGREEMENT among STIFEL FINANCIAL CORP., as Depositor WILMINGTON TRUST COMPANY, as Property Trustee WILMINGTON TRUST COMPANY, as Delaware Trustee and THE ADMINISTRATIVE TRUSTEES NAMED HEREIN as Administrative Trustees Dated...Trust Agreement • April 5th, 2007 • Stifel Financial Corp • Security brokers, dealers & flotation companies • Delaware
AMENDED AND RESTATED TRUST AGREEMENT, dated as of March 30, 2007, among (i) Stifel Financial Corp., a Delaware corporation (including any successors or permitted 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) James M. Zemlyak, an individual, Bernard N. Burkemper, an individual, and David M. Minnick, an individual, each of whose address is c/o Stifel Financial Corp., 501 N. Broadway, 9th Floor, St. Louis, MO 63102, as administrative trustees (in such capacities, each an "Administrative Trustee" and, collectively, the "Administrative Trustees" and, together with the Property Trustee and the Delaware Trustee, the "Trustees") and (v) the several Holders, as hereinafter defined.
AMENDED AND RESTATED TRUST AGREEMENT among LEXINGTON REALTY TRUST, AS DEPOSITOR THE BANK OF NEW YORK TRUST COMPANY, NATIONAL ASSOCIATION, AS PROPERTY TRUSTEE THE BANK OF NEW YORK (DELAWARE), AS DELAWARE TRUSTEE AND THE ADMINISTRATIVE TRUSTEES NAMED...Trust Agreement • March 27th, 2007 • Lexington Realty Trust • Real estate investment trusts • Delaware
THE PREFERRED SECURITIES WILL BE ISSUED AND MAY BE TRANSFERRED ONLY IN BLOCKS HAVING AN AGGREGATE LIQUIDATION AMOUNT OF NOT LESS THAN $100,000. TO THE FULLEST EXTENT PERMITTED BY LAW, ANY ATTEMPTED TRANSFER OF PREFERRED SECURITIES, OR ANY INTEREST THEREIN, IN A BLOCK HAVING AN AGGREGATE LIQUIDATION AMOUNT OF LESS THAN $100,000 AND MULTIPLES OF $1,000 IN EXCESS THEREOF SHALL BE DEEMED TO BE VOID AND OF NO LEGAL EFFECT WHATSOEVER. TO THE FULLEST EXTENT PERMITTED BY LAW, ANY SUCH PURPORTED TRANSFEREE SHALL BE DEEMED NOT TO BE THE HOLDER OF SUCH PREFERRED SECURITIES FOR ANY PURPOSE, INCLUDING, BUT NOT LIMITED TO, THE RECEIPT OF ANY LIQUIDATION AMOUNT OF OR DISTRIBUTION ON SUCH PREFERRED SECURITIES, OR ANY INTEREST THEREIN, AND SUCH PURPORTED TRANSFEREE SHALL BE DEEMED TO HAVE NO INTEREST WHATSOEVER IN SUCH PREFERRED SECURITIES.
