Form of Amended and Restated Trust Agreement of Huntington Capital [ ] among Huntington Bancshares Incorporated, as Depositor, The Bank of New York, as Property Trustee, BNYM (Delaware), as Delaware Trustee, the Administrative Trustees (as named...Trust Agreement • March 26th, 2008 • Huntington Bancshares Inc/Md • National commercial banks • Delaware
This Amended and Restated Trust Agreement, dated as of [ ], among (i) Huntington Bancshares Incorporated, a Maryland corporation (including any successors or assigns, the “Depositor”), (ii) The Bank of New York, a New York banking corporation, as property trustee (in such capacity, the “Property Trustee”), (iii) BNYM (Delaware), a Delaware banking corporation (the “Delaware Trustee”), (iv) [ ], an individual, [ ], an individual, and [ ], an individual, each of whose address is c/o 41 South High Street, Columbus, Ohio 43287 (each, an “Administrative Trustee,” and together, 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.
Form of Guarantee Agreement by and between HUNTINGTON BANCSHARES INCORPORATED as Guarantor and THE BANK OF NEW YORK as Guarantee Trustee relating to HUNTINGTON CAPITAL [•] Dated as of [•]Form of Guarantee Agreement • March 26th, 2008 • Huntington Bancshares Inc/Md • National commercial banks • New York
This Guarantee Agreement, dated as of [•], is executed and delivered by Huntington Bancshares Incorporated, a Maryland corporation (the “Guarantor”), having its principal office at 41 South High Street, Columbus Ohio 43287, and The Bank of New York, a New York banking corporation, as trustee, for the benefit of the Holders (as defined herein) from time to time of the Trust Preferred Securities of Huntington Capital [•], a Delaware statutory trust (the “Issuer Trust”).
