DECLARATION OF TRUST AND TRUST AGREEMENTTrust Agreement • March 10th, 2003 • Wells Fargo Capital Vii • National commercial banks • Delaware
This DECLARATION OF TRUST AND TRUST AGREEMENT, dated as of August 7, 2001 (this “Trust Agreement”), among (i) Wells Fargo & Company, a Delaware corporation (the “Depositor”); (ii) Wilmington Trust Company, a Delaware banking corporation, as Delaware trustee; and (iii) Laurel A. Holschuh and Barbara S. Brett, each an individual, as trustees (each of such trustees in (ii) and (iii) a “Trustee” and collectively, the “Trustees”). The Depositor and the Trustees hereby agree as follows:
WELLS FARGO & COMPANY, as Unit Agent and as Collateral Agent, and [ ], as Trustee and [ ], as Paying Agent under the Indenture referred to herein, AND THE HOLDERS FROM TIME TO TIME OF THE UNITS DESCRIBED HEREIN UNIT AGREEMENT Dated as of **[ , 20 ]Unit Agreement • March 10th, 2003 • Wells Fargo Capital Vii • National commercial banks • New York
UNIT AGREEMENT, dated as of , 20 , by and among WELLS FARGO & COMPANY, a Delaware corporation (the “Corporation”), , a banking corporation (“ ”), acting solely as unit agent and collateral agent under this Agreement (in its capacity as unit agent, the “Agent”, and, in its capacity as collateral agent, the “Collateral Agent”), except to the extent that this Agreement specifically states that the Agent is acting in another capacity, , as trustee under the Indenture described below (the “Trustee”) and, as paying agent under the Indenture, (the “Paying Agent”), and the holders from time to time of the Units described herein.
