CAPITAL SECURITIES GUARANTEE AGREEMENT PENNSYLVANIA COMMERCE BANCORP, INC. DATED AS OF SEPTEMBER 29, 2006Capital Securities Guarantee Agreement • October 4th, 2006 • Pennsylvania Commerce Bancorp Inc • State commercial banks • Delaware
This GUARANTEE AGREEMENT (the “Capital Securities Guarantee”), dated as of September 29, 2006, is executed and delivered by Pennsylvania Commerce Bancorp, Inc., a Pennsylvania corporation (the “Guarantor”), and Wilmington Trust Company, a Delaware banking corporation, as trustee (the “Capital Securities Guarantee Trustee”), for the benefit of the Holders (as defined herein) from time to time of the Capital Securities (as defined herein) of Commerce Harrisburg Capital Trust III, a Delaware statutory trust (the “Issuer”).
COMMERCE HARRISBURG CAPITAL TRUST III PENNSYLVANIA COMMERCE BANCORP, INC.Purchase Agreement • October 4th, 2006 • Pennsylvania Commerce Bancorp Inc • State commercial banks • Delaware
Commerce Harrisburg Capital Trust III (the “Trust”), a statutory trust organized under the Statutory Trust Act (the “Delaware Act”) of the State of Delaware (Chapter 38, Title 12, of the Delaware Code. 12 Del. C. Section 3801 et seq), and Pennsylvania Commerce Bancorp, Inc., a Pennsylvania corporation (the “Company”), as depositor of the Trust and as guarantor, hereby confirms its agreement with you as follows:
