0000950159-09-001753 Sample Contracts

METRO BANCORP, INC. and WILMINGTON TRUST COMPANY, as Trustee SUBORDINATED INDENTURE Dated as of ____________, 20___ Providing for the Issuance of Subordinated Debt Securities in Series
Metro Capital Trust V • August 6th, 2009 • State commercial banks • New York

SUBORDINATED INDENTURE, dated as of _____________, 20___, between Metro Bancorp, Inc., a Pennsylvania corporation (the “Company”), and Wilmington Trust Company, a Delaware banking corporation, as trustee hereunder (the “Trustee”).

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AMENDED AND RESTATED TRUST AGREEMENT AMONG METRO BANCORP, INC., AS DEPOSITOR, WILMINGTON TRUST COMPANY, AS PROPERTY TRUSTEE, WILMINGTON TRUST COMPANY, AS DELAWARE TRUSTEE, AND THE ADMINISTRATIVE TRUSTEES NAMED HEREIN DATED AS OF ______ METRO CAPITAL...
Trust Agreement • August 6th, 2009 • Metro Capital Trust V • State commercial banks • Delaware

AMENDED AND RESTATED TRUST AGREEMENT, dated as of ______, __, among (i) Metro Bancorp, Inc., a Pennsylvania corporation (including any successors or assigns, the “Depositor”), (ii) Wilmington Trust Company, as property trustee (the “Property Trustee”), (iii) Wilmington Trust Company, as Delaware trustee (in such capacity, “Delaware Trustee”), (iv) _____________________________ (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.

GUARANTEE AGREEMENT BETWEEN METRO BANCORP, INC. (AS GUARANTOR) AND WILMINGTON TRUST COMPANY, (AS TRUSTEE) DATED AS OF
Guarantee Agreement • August 6th, 2009 • Metro Capital Trust V • State commercial banks • New York

This GUARANTEE AGREEMENT, dated as of __________, _____, is executed and delivered by METRO BANCORP, INC., a Pennsylvania corporation (the “Guarantor”) having its principal office at 3801 Paxton Street, Harrisburg, Pennsylvania 17111, and Wilmington Trust Company, as trustee (the “Guarantee Trustee”), for the benefit of the Holders (as defined herein) from time to time of the Preferred Securities (as defined herein) of Metro Capital Trust __, a Delaware statutory business trust (the “Issuer”).

TRUST AGREEMENT
Trust Agreement • August 6th, 2009 • Metro Capital Trust V • State commercial banks • Delaware

This Trust Agreement, dated as of July 31, 2009, is among Metro Bancorp, Inc., a Pennsylvania corporation, as “Depositor,” and Wilmington Trust Company, a Delaware banking corporation, as “Trustee.” The Depositor and the Trustee hereby agree as follows:

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