AMENDED AND RESTATED TRUST AGREEMENT among TIDELANDS BANCSHARES, 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 • February 28th, 2006 • Tidelands Bancshares Inc • National commercial banks • Delaware
Contract Type FiledFebruary 28th, 2006 Company Industry JurisdictionAMENDED AND RESTATED TRUST AGREEMENT, dated as of February 22, 2006, among (i) Tidelands Bancshares, 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) Robert E. Coffee, Jr., an individual, Alan W. Jackson, an individual, and Robert H. Mathewes, Jr., an individual, each of whose address is c/o Tidelands Bancshares, Inc., 875 Lowcountry Boulevard, Mt. Pleasant, SC 29464, 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.
JUNIOR SUBORDINATED INDENTURE between TIDELANDS BANCSHARES, INC. and WILMINGTON TRUST COMPANY, as Trustee _________________ Dated as of February 22, 2006 _________________Junior Subordinated Indenture • February 28th, 2006 • Tidelands Bancshares Inc • National commercial banks • New York
Contract Type FiledFebruary 28th, 2006 Company Industry JurisdictionJUNIOR SUBORDINATED INDENTURE, dated as of February 22, 2006, between TIDELANDS BANCSHARES, INC., a South Carolina corporation (the “Company”), and WILMINGTON TRUST COMPANY, a Delaware banking corporation, as Trustee (in such capacity, the “Trustee”).
GUARANTEE AGREEMENT between TIDELANDS BANCSHARES, INC., As Guarantor, and WILMINGTON TRUST COMPANY, As Guarantee Trustee Dated as of February 22, 2006 TIDELANDS STATUTORY TRUST IGuarantee Agreement • February 28th, 2006 • Tidelands Bancshares Inc • National commercial banks • New York
Contract Type FiledFebruary 28th, 2006 Company Industry JurisdictionGUARANTEE AGREEMENT, dated as of February 22, 2006, executed and delivered by TIDELANDS BANCSHARES, INC., a South Carolina corporation (the “Guarantor”) having its principal office at 875 Lowcountry Boulevard, Mt. Pleasant, SC 29464, and WILMINGTON TRUST COMPANY, a Delaware banking corporation, as trustee (in such capacity, the “Guarantee Trustee”), for the benefit of the Holders (as defined herein) from time to time of the Preferred Securities (as defined herein) of Tidelands Statutory Trust I, a Delaware statutory trust (the “Issuer”).