AMENDED AND RESTATED TRUST AGREEMENT By and Among U.S. BANCORP, as Sponsor DELAWARE TRUST COMPANY, NATIONAL ASSOCIATION, as Property Trustee DELAWARE TRUST COMPANY, NATIONAL ASSOCIATION, as Delaware Trustee And THE ADMINISTRATIVE TRUSTEES NAMED HEREIN...Trust Agreement • May 2nd, 2005 • USB Capital XII • National commercial banks • Delaware
This AMENDED AND RESTATED TRUST AGREEMENT (this “Trust Agreement”), dated as of , 20___ is entered into by and among (i) U.S. BANCORP, a Delaware corporation (the “Sponsor”), (ii) DELAWARE TRUST COMPANY, NATIONAL ASSOCIATION, a national banking association organized and existing under the laws of the United States of America, as property trustee (in each such capacity, the “Property Trustee”), (iii) DELAWARE TRUST COMPANY, NATIONAL ASSOCIATION, as Delaware trustee (the “Delaware Trustee”), (iv) DAVID M. MOFFETT, an individual, DARYL N. BIBLE, an individual, and LEE R. MITAU, an individual, each of whose address is c/o U.S. Bancorp, 800 Nicollet Mall, Minneapolis, Minnesota 55402 (each an “Administrative Trustee” and collectively the “Administrative Trustees”) (the Property Trustee, the Delaware Trustee and the Administrative Trustees referred to collectively as the “Trustees”) and (v) the several Holders, as hereinafter defined.
TRUST AGREEMENT OF USB CAPITAL XITrust Agreement • May 2nd, 2005 • USB Capital XII • National commercial banks • Delaware
This TRUST AGREEMENT of USB CAPITAL XI (the “Trust”), dated as of April 27, 2005, among (i) U.S. Bancorp, a Delaware corporation (the “Depositor”), (ii) Delaware Trust Company, National Association, a national banking association organized and existing under the laws of the United States of America, as trustee of the Trust, and (iii) David M. Moffett, Daryl N. Bible and Lee R. Mitau, each an individual employed by the Depositor, as administrative trustees of the Trust (each of such trustees in (ii) and (iii), a “Trustee” and collectively, the “Trustees”). The Depositor and the Trustees hereby agree as follows:
GUARANTEE AGREEMENT Dated as of __, 20__ By and Between U.S. BANCORP, as Guarantor and DELAWARE TRUST COMPANY, NATIONAL ASSOCIATION, as TrusteeGuarantee Agreement • May 2nd, 2005 • USB Capital XII • National commercial banks • New York
This GUARANTEE AGREEMENT (the “Guarantee”), dated as of ___, 20___, is executed and delivered by U.S. BANCORP, a Delaware corporation (the “Guarantor”), and DELAWARE TRUST COMPANY, NATIONAL ASSOCIATION, a national banking association organized and existing under the laws of the United States of America, as trustee (the “Guarantee Trustee”), for the benefit of the Holders (as defined herein) from time to time of the Securities (as defined herein) of USB CAPITAL , a Delaware statutory trust (the “Trust”).
FIRST AMENDED AND RESTATED TRUST AGREEMENTTrust Agreement • May 2nd, 2005 • USB Capital XII • National commercial banks • Delaware
This FIRST AMENDED AND RESTATED TRUST AGREEMENT (this “Trust Agreement”), dated as of April 27, 2005 is entered into by and among (i) U.S. Bancorp, a Delaware corporation (the “Depositor”), (ii) Delaware Trust Company, National Association, a national banking association organized and existing under the laws of the United States of America, as trustee of the Trust (the “Replacement Trustee”), and (iii) David M. Moffett, Daryl N. Bible and Lee R. Mitau, each an individual employed by the Depositor, as administrative trustees of the Trust (each of such trustees in (iii), an “Administrative Trustee” and collectively with the Replacement Trustee, the “Trustees”).
Form of Equity Securities Warrant AgreementEquity Securities Warrant Agreement • May 2nd, 2005 • USB Capital XII • National commercial banks • New York
EQUITY SECURITIES WARRANT AGREEMENT dated as of , ___, between U.S. Bancorp, a Delaware corporation (hereinafter called the “Company”), and having a corporate trust office in as warrant agent (hereinafter called the “Warrant Agent”).
