RecitalsReplacement Capital Covenant • May 23rd, 2008 • Privatebancorp, Inc • State commercial banks
PRIVATEBANCORP CAPITAL TRUST IV ($25 liquidation amount per security) guaranteed by PRIVATEBANCORP, INC. UNDERWRITING AGREEMENTUnderwriting Agreement • May 23rd, 2008 • Privatebancorp, Inc • State commercial banks • Illinois
certain eligible officers, directors and employees of the Company and its subsidiaries (“Reserved Securities Participants”), as part of the distribution of the Firm Securities by the Underwriters, subject to the terms of this Agreement, the applicable rules, regulations and interpretations of the Financial Industry Regulatory Authority (“FINRA”) and all other applicable laws, rules and regulations. To the extent that such Reserved Securities are not orally confirmed for purchase, and subject to an agreement to purchase, by such eligible officers, directors and employees by the end of the first business day after the date of this Agreement, such Reserved Securities may be offered to the public as part of the public offering contemplated hereby. To the extent described in the Prospectus (as defined herein), the Firm Securities and the Option Securities will be guaranteed by the Company on a junior subordinated basis with respect to distributions and amounts payable upon liquidation or re
AMENDED AND RESTATED DECLARATION OF TRUST among PRIVATEBANCORP, INC., as Sponsor WILMINGTON TRUST COMPANY, as Property Trustee WILMINGTON TRUST COMPANY, as Delaware Trustee and THE ADMINISTRATIVE TRUSTEES NAMED HEREIN Dated as of May 22, 2008...Expenses and Liabilities • May 23rd, 2008 • Privatebancorp, Inc • State commercial banks • Delaware
AMENDED AND RESTATED DECLARATION OF TRUST, dated as of May 22, 2008, among PRIVATEBANCORP, INC., a Delaware corporation (including any successors or assigns, the “Sponsor”), WILMINGTON TRUST COMPANY, as property trustee (in such capacity, the “Property Trustee”), WILMINGTON TRUST COMPANY, as Delaware trustee (in such capacity, the “Delaware Trustee”), Larry D. Richman, an individual, Dennis L. Klaeser, an individual, and Christopher J. Zinski, an individual, each of whose address is c/o PrivateBancorp, Inc., 70 West Madison, Suite 900, Chicago, Illinois 60602 (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 the several Holders, as hereinafter defined.
PREFERRED SECURITIES GUARANTEE AGREEMENT by and between PRIVATEBANCORP, INC., as Guarantor and WILMINGTON TRUST COMPANY, as Guarantee Trustee relating to PRIVATEBANCORP CAPITAL TRUST IV Dated as of May 22, 2008Preferred Securities Guarantee Agreement • May 23rd, 2008 • Privatebancorp, Inc • State commercial banks • Illinois
GUARANTEE AGREEMENT, dated as of May 22, 2008, between PRIVATEBANCORP, INC., a Delaware corporation (the “Guarantor”), and WILMINGTON TRUST COMPANY, as trustee (the “Guarantee Trustee”), for the benefit of the Holders (as defined herein) from time to time of the Preferred Securities (as defined herein) of PRIVATEBANCORP CAPITAL TRUST IV, a Delaware statutory trust (the “Issuer Trust”).
