SILICON VALLEY BANCSHARESJunior Subordinated Indenture • September 30th, 2003 • Silicon Valley Bancshares • State commercial banks • Delaware
Reconciliation and tie between the Trust Indenture Act of 1939 (including cross-references to provisions of Sections 310 to and including 317 which, pursuant to Section 318(c) of the Trust Indenture Act of 1939, as amended by the Trust Reform Act of 1990, are a part of and govern the Indenture whether or not physically contained therein) and the Junior Subordinated Indenture, dated as of ______________, 2003.
GUARANTEE AGREEMENT Between SILICON VALLEY BANCSHARES (as Guarantor) and WILMINGTON TRUST COMPANY (as Trustee) dated as ofGuarantee Agreement • September 30th, 2003 • Silicon Valley Bancshares • State commercial banks • California
This GUARANTEE AGREEMENT, dated as of ____________, 2003, is executed and delivered by SILICON VALLEY BANCSHARES, a Delaware corporation (the “Guarantor”) having its principal office at 3003 Tasman Drive, Santa Clara, California, 95054, and Wilmington Trust Company as trustee (the “Guarantee Trustee”), for the benefit of the Holders from time to time of the Preferred Securities (as defined herein) of [SVB CAPITAL II], a Delaware statutory trust (the “Trust”).
TRUST AGREEMENTTrust Agreement • September 30th, 2003 • Silicon Valley Bancshares • State commercial banks • Delaware
This TRUST AGREEMENT, dated as of September 11, 2003 (this “Trust Agreement”), among (i) Silicon Valley Bancshares, a Delaware corporation (the “Depositor”), (ii) Wilmington Trust Company, as trustee (the “Delaware Trustee”), and (iii) Lauren Friedman, Paulette Mehas and Donal D. Delaney, each an individual, as trustees (the “Administrative Trustees” and, together with the Delaware Trustee, the “Trustees”). The Depositor and the Trustees hereby agree as follows:
AMENDED AND RESTATED TRUST AGREEMENT among Silicon Valley Bancshares, as Depositor, Wilmington Trust Company, as Property Trustee, Wilmington Trust Company, as Delaware Trustee, and The Administrative Trustees Named HereinTrust Agreement • September 30th, 2003 • Silicon Valley Bancshares • State commercial banks • Delaware
AMENDED AND RESTATED TRUST AGREEMENT (this “Trust Agreement”), dated as of ____________, 2003, among (i) Silicon Valley Bancshares, a Delaware corporation (including any successors or assigns, the “Depositor”), (ii) Wilmington Trust Company, as property trustee, (in such capacity, the “Property Trustee” and, in its separate corporate capacity and not in its capacity as Property Trustee, the “Bank”), (iii) Wilmington Trust Company, as Delaware trustee (the “Delaware Trustee”), (iv) Lauren Friedman, an individual, Paulette Mehas, an individual, and Donal D. Delaney, an individual, each of whose address is c/o Silicon Valley Bancshares, 3003 Tasman Drive, Santa Clara, California, 95054 (each an “Administrative Trustee” and collectively the “Administrative Trustees”) (the Property Trustee, the Delaware Trustee and the Administrative Trustees are referred to collectively herein as the “Trustees”) and (v) the several Holders, as hereinafter defined.
