0000950134-06-017200 Sample Contracts

AMENDED AND RESTATED TRUST AGREEMENT AMONG WHITNEY HOLDING CORPORATION, as Depositor, THE BANK OF NEW YORK TRUST COMPANY, N.A., as Property Trustee, THE BANK OF NEW YORK (DELAWARE), as Delaware Trustee and THE ADMINISTRATIVE TRUSTEES NAMED HEREIN, as...
Trust Agreement • September 1st, 2006 • Whitney Capital Trust I • National commercial banks • Delaware

AMENDED AND RESTATED TRUST AGREEMENT, dated as of ___, among (i) Whitney Holding Corporation, a Louisiana corporation (including any successors or permitted assigns, the “Depositor”), (ii) The Bank of New York Trust Company, N.A., a national banking association, as property trustee (in such capacity, the “Property Trustee”), (iii) The Bank of New York (Delaware), a Delaware banking corporation, as Delaware trustee (in such capacity, the “Delaware Trustee”), (iv) ___, an individual and ___, an individual, each of whose address is c/o Whitney Holding Corporation, 228 St. Charles Avenue, New Orleans, Louisiana 70130, 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.

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GUARANTEE AGREEMENT BY AND BETWEEN WHITNEY HOLDING CORPORATION, as Guarantor AND THE BANK OF NEW YORK TRUST COMPANY, N.A., as Guarantee Trustee RELATING TO WHITNEY CAPITAL TRUST I Dated as of
Guarantee Agreement • September 1st, 2006 • Whitney Capital Trust I • National commercial banks • New York

GUARANTEE AGREEMENT, dated as of , between WHITNEY HOLDING CORPORATION, a Louisiana corporation (the “Guarantor”), having its principal office at 228 St. Charles Avenue, New Orleans, Louisiana 70130, and THE BANK OF NEW YORK TRUST COMPANY, N.A., as trustee (the “Guarantee Trustee”), for the benefit of the Holders (as defined herein) from time to time of the Trust Preferred Securities (as defined herein) of WHITNEY CAPITAL TRUST I, a Delaware statutory business trust (the “Issuer Trust”).

TRUST AGREEMENT OF WHITNEY CAPITAL TRUST I
Trust Agreement • September 1st, 2006 • Whitney Capital Trust I • National commercial banks • Delaware

THIS TRUST AGREEMENT OF Whitney Capital Trust I (this “Trust Agreement”) is dated as of August 23, 2006 by and among Whitney Holding Corporation, a Louisiana corporation, as depositor (the “Depositor”), The Bank of New York Trust Company, N.A., a national banking association, as trustee (the “Trustee”) and The Bank of New York (Delaware), a Delaware banking corporation, as Delaware Trustee (the “Delaware Trustee”). The Depositor and the Trustee hereby agree as follows:

AMENDED AND RESTATED TRUST AGREEMENT
Trust Agreement • September 1st, 2006 • Whitney Capital Trust I • National commercial banks • Delaware

AMENDED AND RESTATED TRUST AGREEMENT, dated as of , among (i) Whitney Holding Corporation, a Louisiana corporation (including any successors or permitted assigns, the “Depositor”), (ii) The Bank of New York Trust Company, N.A., a national banking association, as property trustee (in such capacity, the “Property Trustee”), (iii) The Bank of New York (Delaware), a Delaware banking corporation, as Delaware trustee (in such capacity, the “Delaware Trustee”), (iv) , an individual and , an individual, each of whose address is c/o Whitney Holding Corporation, 228 St. Charles Avenue, New Orleans, Louisiana 70130, 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.

AMENDED AND RESTATED TRUST AGREEMENT AMONG WHITNEY HOLDING CORPORATION, as Depositor, THE BANK OF NEW YORK TRUST COMPANY, N.A., as Property Trustee, THE BANK OF NEW YORK (DELAWARE), as Delaware Trustee and THE ADMINISTRATIVE TRUSTEES NAMED HEREIN, as...
Trust Agreement • September 1st, 2006 • Whitney Capital Trust I • National commercial banks • Delaware

AMENDED AND RESTATED TRUST AGREEMENT, dated as of ___, among (i) Whitney Holding Corporation, a Louisiana corporation (including any successors or permitted assigns, the “Depositor”), (ii) The Bank of New York Trust Company, N.A., a national banking association, as property trustee (in such capacity, the “Property Trustee”), (iii) The Bank of New York (Delaware), a Delaware banking corporation, as Delaware trustee (in such capacity, the “Delaware Trustee”), (iv) ___, an individual and ___, an individual, each of whose address is c/o Whitney Holding Corporation, 228 St. Charles Avenue, New Orleans, Louisiana 70130, 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.

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