GUARANTEE AGREEMENT by and between FLAGSTAR BANCORP, INC., as Guarantor and WILMINGTON TRUST COMPANY, as Guarantee Trustee Dated as of June 30, 2009Guarantee Agreement • July 1st, 2009 • Flagstar Bancorp Inc • Savings institution, federally chartered • New York
THIS GUARANTEE AGREEMENT (this “Guarantee”), dated as of June 30, 2009, is executed and delivered by FLAGSTAR BANCORP, INC., incorporated in Michigan (the “Guarantor”), and WILMINGTON TRUST COMPANY, a Delaware banking corporation, as trustee (the “Guarantee Trustee”), for the benefit of the Holders (as defined herein) from time-to-time of the Capital Securities (as defined herein) of Flagstar Statutory Trust XI, a Delaware statutory trust (the “Issuer”).
CAPITAL SECURITIES PURCHASE AGREEMENTCapital Securities Purchase Agreement • July 1st, 2009 • Flagstar Bancorp Inc • Savings institution, federally chartered • New York
THIS CAPITAL SECURITIES PURCHASE AGREEMENT (this “Agreement”) is effective as of June 30, 2009, by and among FLAGSTAR BANCORP, INC. (the “Company”), a corporation organized under the laws of the State of Michigan, with its principal offices at 5151 Corporate Drive, Troy, Michigan 48098-2639, FLAGSTAR STATUTORY TRUST XI, a statutory trust under the laws of the State of Delaware (the “Issuer” and, together with the Company, the “Company Parties”) and MP THRIFT INVESTMENTS L.P., a Delaware limited partnership (the “Purchaser”).
INDENTURE by and between FLAGSTAR BANCORP, INC., as Company and WILMINGTON TRUST COMPANY, as Trustee Convertible Junior Subordinated Debt Securities Due September 15, 2039 Dated as of June 30, 2009Indenture • July 1st, 2009 • Flagstar Bancorp Inc • Savings institution, federally chartered • New York
THIS INDENTURE, dated as of June 30, 2009, by and between FLAGSTAR BANCORP, INC., a savings and loan holding company incorporated in Michigan (the “Company”), and WILMINGTON TRUST COMPANY, a Delaware banking corporation, as trustee (the “Trustee”).
