0001047469-08-007233 Sample Contracts

CAPITOL BANCORP LTD. AND WELLS FARGO BANK, N.A., AS TRUSTEE INDENTURE % JUNIOR SUBORDINATED DEBENTURES DUE 2038 DATED AS OF , 2008

Indenture • June 5th, 2008 • Capitol Trust Xv • National commercial banks • New York

• Contract Type
  Indenture
• Filed
  June 5th, 2008
• Company
  Capitol Trust Xv
• Industry
  National commercial banks
• Jurisdiction
  New York

INDENTURE, dated as of , 2008, between Capitol Bancorp Ltd., a Michigan corporation (the “Company”) and Wells Fargo Bank, N.A., as trustee (the “Trustee”);

PREFERRED SECURITIES GUARANTEE AGREEMENT BY AND BETWEEN CAPITOL BANCORP LTD. AND WELLS FARGO BANK, N.A. DATED AS OF , 2008

Preferred Securities Guarantee Agreement • June 5th, 2008 • Capitol Trust Xv • National commercial banks • New York

• Contract Type
  Preferred Securities Guarantee Agreement
• Filed
  June 5th, 2008
• Company
  Capitol Trust Xv
• Industry
  National commercial banks
• Jurisdiction
  New York

This PREFERRED SECURITIES GUARANTEE AGREEMENT (this “Preferred Securities Guarantee”), dated as of , 2008, is executed and delivered by CAPITOL BANCORP LTD., a Michigan corporation (the “Guarantor”), and WELLS FARGO BANK, N.A., 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 Capitol Trust XII, a Delaware statutory trust (the “Trust”).