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 June 12, 2007 BB&T...Trust Agreement • June 12th, 2007 • Bb&t Corp • National commercial banks • Delaware
AMENDED AND RESTATED TRUST AGREEMENT, dated as of June 12, 2007 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.
GUARANTEE AGREEMENT by and between BB&T CORPORATION as Guarantor and U.S. BANK NATIONAL ASSOCIATION as Guarantee Trustee relating to BB&T CAPITAL TRUST IV Dated as of June 12, 2007Guarantee Agreement • June 12th, 2007 • Bb&t Corp • National commercial banks • New York
GUARANTEE AGREEMENT, dated as of June 12, 2007, between BB&T CORPORATION, a North Carolina corporation (the “Guarantor”), having its principal office at 200 West Second Street, Winston-Salem, North Carolina 27101, and U.S. Bank National Association, a national banking association, as trustee (in such capacity, the “Guarantee Trustee” and, in its separate corporate capacity and not in its capacity as Guarantee Trustee, “U.S. Bank”), for the benefit of the Holders (as defined herein) from time to time of the Capital Securities (as defined herein) of BB&T CAPITAL TRUST IV, a Delaware statutory trust (the “Issuer Trust”).
RecitalsReplacement Capital Covenant • June 12th, 2007 • Bb&t Corp • National commercial banks
consecutive trading days ending on the fourth trading day immediately preceding the date of issuance multiplied by the total number of issued and outstanding shares of Common Stock as of the date of the Corporation’s most recent publicly available consolidated financial statements; or
Fixed to Floating Rate Capital Securities BB&T Capital Trust IV Guaranteed to the extent set forth in the Guarantee Agreement by BB&T Corporation Underwriting AgreementUnderwriting Agreement • June 12th, 2007 • Bb&t Corp • National commercial banks • New York
To the Representatives named in Schedule I hereto of the Underwriters named in Schedule II hereto Ladies and Gentlemen:
