0000950144-07-008119 Sample Contracts

GUARANTEE AGREEMENT by and between FIDELITY SOUTHERN CORPORATION and WILMINGTON TRUST COMPANY Dated as of August 20, 2007
Guarantee Agreement • August 23rd, 2007 • Fidelity Southern Corp • State commercial banks • New York

This GUARANTEE AGREEMENT (this “Guarantee”), dated as of August 20, 2007, is executed and delivered by Fidelity Southern Corporation, a Georgia corporation (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 Fidelity Southern Statutory Trust III, a Delaware statutory trust (the “Issuer”).

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