0001047469-09-003088 Sample Contracts

FORM OF] AMENDED AND RESTATED TRUST AGREEMENT OF CREDIT SUISSE GROUP CAPITAL (DELAWARE) TRUST III DATED AS OF [ ]
Trust Agreement • March 25th, 2009 • Credit Suisse (Usa) Inc • Security & commodity brokers, dealers, exchanges & services • Delaware

This AMENDED AND RESTATED TRUST AGREEMENT, dated as of [ ], is among [Credit Suisse Group Capital (Delaware) LLC III, a Delaware limited liability company][Credit Suisse Group Capital (Guernsey) X Limited, a Guernsey limited company], as grantor (the “Grantor”), The Bank of New York Mellon, a New York banking corporation, as property trustee (the “Trustee”), BNY Mellon Trust of Delaware, a Delaware banking corporation, as Delaware Trustee (the “Delaware Trustee”), and the Holders (as defined herein) from time to time of Trust Preferred Securities (as defined herein) to be issued pursuant to this Trust Agreement.

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CREDIT SUISSE as the Company and THE BANK OF NEW YORK as Trustee SENIOR INDENTURE
Senior Indenture • March 25th, 2009 • Credit Suisse (Usa) Inc • Security & commodity brokers, dealers, exchanges & services • New York

SENIOR INDENTURE, dated as of March 29, 2007, between CREDIT SUISSE, corporation organized under the laws of, and duly licensed as a bank in, Switzerland, as the Company, and THE BANK OF NEW YORK, a New York banking corporation, as the Trustee.

AMENDED AND RESTATED TRUST AGREEMENT NO. 1
Trust Agreement • March 25th, 2009 • Credit Suisse (Usa) Inc • Security & commodity brokers, dealers, exchanges & services • Delaware

This AMENDED AND RESTATED TRUST AGREEMENT NO. 1, dated as of March 9, 2009 (this “Trust Agreement”), is among (i) CREDIT SUISSE GROUP CAPITAL (DELAWARE) LLC III, a limited liability company organized under the laws of the state of Delaware, as depositor (the “Depositor”), (ii) THE BANK OF NEW YORK MELLON, a New York banking corporation, as property trustee (the “Trustee”) and (iii) BNY MELLON TRUST OF DELAWARE, a Delaware banking corporation, as Delaware trustee (the “Delaware Trustee”).

CREDIT SUISSE as the Company and THE BANK OF NEW YORK as Trustee SUBORDINATED INDENTURE Dated as of March 29, 2007
Subordinated Indenture • March 25th, 2009 • Credit Suisse (Usa) Inc • Security & commodity brokers, dealers, exchanges & services • New York

SUBORDINATED INDENTURE, dated as of March 29, 2007, between CREDIT SUISSE, a corporation organized under the laws of, and duly licensed as a bank in, Switzerland, as the Company, and THE BANK OF NEW YORK, a New York banking corporation, as the Trustee.

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