AMENDED AND RESTATED DECLARATION OF TRUST among CAPITAL TRUST, INC., as Sponsor THE BANK OF NEW YORK, as Property Trustee BNYM (DELAWARE), as Delaware Trustee and THE ADMINISTRATIVE TRUSTEES NAMED HEREIN Dated as of [ ], 2008 CT PUBLIC PREFERRED TRUST [ ]Declaration of Trust • May 30th, 2008 • CT Public Preferred Trust I • Real estate investment trusts • Delaware
AMENDED AND RESTATED DECLARATION OF TRUST, dated as of [ ], 2008 among CAPITAL TRUST, INC., a Maryland corporation (including any successors or assigns, the “Sponsor”), THE BANK OF NEW YORK, as property trustee (in such capacity, the “Property Trustee”), BNYM (DELAWARE), as Delaware trustee (in such capacity, the “Delaware Trustee”), [ ], an individual, [ ], an individual, and [ ], an individual, each of whose address is c/o Capital Trust, Inc., 410 Park Avenue, 14th Floor, New York, NY 10022 (each an “Administrative Trustee” and collectively the “Administrative Trustees”) (the Property Trustee, the Delaware Trustee and the Administrative Trustees being referred to collectively as the “Issuer Trustees”), and the several Holders, as hereinafter defined.
DECLARATION OF TRUST OF CT PUBLIC PREFERRED TRUST IIIDeclaration of Trust • May 30th, 2008 • CT Public Preferred Trust I • Real estate investment trusts
THIS DECLARATION OF TRUST is made as of May 28, 2008 (this “Declaration of Trust”), by and among Capital Trust, Inc., a Maryland corporation, as sponsor (the “Sponsor”), BNYM (Delaware), a Delaware banking corporation, as the Delaware trustee (the “Delaware Trustee”), and Geoffrey G. Jervis, as trustee (together with the Delaware Trustee, the “Capital Financing Trustees”). The Sponsor and the Capital Financing Trustees hereby agree as follows:
GUARANTEE AGREEMENT by and between CAPITAL TRUST, INC., as Guarantor and THE BANK OF NEW YORK, as Guarantee Trustee relating to CT PUBLIC PREFERRED TRUST [ ] Dated as of [ ], 2008Guarantee Agreement • May 30th, 2008 • CT Public Preferred Trust I • Real estate investment trusts • New York
GUARANTEE AGREEMENT, dated as of [ ], 2008 between CAPITAL TRUST, INC., a Maryland corporation (the “Guarantor”), having its principal office at 410 Park Avenue, 14th Floor, New York, NY 10022 and THE BANK OF NEW YORK, 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 CT PUBLIC PREFERRED TRUST [ ], a Delaware statutory trust (the “Issuer Trust”).
