SILICON VALLEY BANCSHARESSilicon Valley Bancshares • October 21st, 2003 • 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 • October 21st, 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”).
October [ ], 2003Trust Agreement • October 21st, 2003 • Silicon Valley Bancshares • State commercial banks • New York
SVB Capital II, a Delaware statutory trust (the “Trust”), and Silicon Valley Bancshares, a Delaware corporation (the “Company” and, together with the Trust, the “Issuers”), as depositor of the Trust and as guarantor, propose, subject to the terms and conditions herein that the Trust issue and sell to Morgan Stanley & Co. Incorporated (the “Underwriter”) $50,000,000 aggregate liquidation amount of its [ ]% Cumulative Trust Preferred Securities having a liquidation value of $25 per security (the “Preferred Securities”).
