SECOND AMENDMENT TO GUARANTEE AGREEMENT Between CAPITOL BANCORP LTD., as Guarantor and The Bank of New York Mellon Trust Company, N.A., as Guarantee TrusteeGuarantee Agreement • February 11th, 2011 • Capitol Bancorp LTD • National commercial banks • Michigan
This Second Amendment to the Guarantee Agreement (“Second Amendment”) is effective as of February 8, 2011, between Capitol Bancorp Ltd., a bank holding company duly organized and existing under the laws of the State of Michigan (the “Guarantor”), and The Bank of New York Mellon Trust Company, N.A., a national banking association duly organized and existing under the laws of the United States, as Guarantee Trustee (the “Guarantee Trustee”). Capitalized terms not otherwise defined in this Second Amendment will have the meanings given them in the Guarantee Agreement or the Indenture.
FIRST AMENDMENT TO PREFERRED SECURITIES GUARANTEE AGREEMENT Between CAPITOL BANCORP LTD., as Guarantor and MANUFACTURERS AND TRADERS TRUST COMPANY as Successor Guarantee Trustee to Wells Fargo Bank, N.A. TRUST PREFERRED SECURITIES DUE 2038Preferred Securities Guarantee Agreement • February 11th, 2011 • Capitol Bancorp LTD • National commercial banks • New York
This First Amendment to the Preferred Securities Guarantee Agreement (“First Amendment”) is effective as of February 8, 2011, between Capitol Bancorp Ltd., a bank holding company duly organized and existing under the laws of the State of Michigan (the “Guarantor”), and Manufacturers and Traders Trust Company, a New York Banking Corporation, as Successor Guarantee Trustee (the “Guarantee Trustee”) to Wells Fargo Bank, N.A. (the “Original Guarantee Trustee”).
