0001104659-08-041478 Sample Contracts

GUARANTEE AGREEMENT by and between TENNESSEE COMMERCE BANCORP, INC. and WILMINGTON TRUST COMPANY Dated as of June 20, 2008
Guarantee Agreement • June 23rd, 2008 • Tennessee Commerce Bancorp, Inc. • State commercial banks • New York

This GUARANTEE AGREEMENT (this “Guarantee”), dated as of June 20, 2008, is executed and delivered by Tennessee Commerce Bancorp, Inc., a Tennessee corporation (the “Guarantor”), and Wilmington Trust Company, a Delaware banking corporation, as trustee (the “Guarantee Trustee”), for the benefit of the Holders (as defined herein) from time to time of the Capital Securities (as defined herein) of Tennessee Commerce Statutory Trust II, a Delaware statutory trust (the “Issuer”).

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