0000950137-05-009629 Sample Contracts

GUARANTEE AGREEMENT between WINTRUST FINANCIAL CORPORATION, As Guarantor, and WILMINGTON TRUST COMPANY, As Guarantee Trustee Dated as of August 2, 2005 WINTRUST CAPITAL TRUST VIII
Guarantee Agreement • August 4th, 2005 • Wintrust Financial Corp • State commercial banks • New York

Guarantee Agreement, dated as of August 2, 2005, executed and delivered by Wintrust Financial Corporation, an Illinois corporation (the “Guarantor”) having its principal office at 727 North Bank Lane, Lake Forest, Illinois, 60045, 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 Wintrust Capital Trust VIII, a Delaware statutory trust (the “Issuer”).

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JUNIOR SUBORDINATED INDENTURE between WINTRUST FINANCIAL CORPORATION and WILMINGTON TRUST COMPANY, as Trustee Dated as of August 2, 2005
Wintrust Financial Corp • August 4th, 2005 • State commercial banks • New York

Junior Subordinated Indenture, dated as of August 2, 2005, between Wintrust Financial Corporation, an Illinois corporation (the “Company”), and Wilmington Trust Company, a Delaware banking corporation, as Trustee (in such capacity, the “Trustee”).

AMENDED AND RESTATED TRUST AGREEMENT among WINTRUST FINANCIAL CORPORATION, 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 • August 4th, 2005 • Wintrust Financial Corp • State commercial banks • Delaware

AMENDED AND RESTATED TRUST AGREEMENT, dated as of August 2, 2005, among (i) Wintrust Financial Corporation, an Illinois 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) Edward J. Wehmer, an individual, David A. Dykstra, an individual, and David L. Stoehr, an individual, each of whose address is c/o Wintrust Financial Corporation, 727 North Bank Lane, Lake Forest, Illinois, 60045, 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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