JUNIOR SUBORDINATED INDENTURE between TEMECULA VALLEY BANCORP INC. and WILMINGTON TRUST COMPANY, as Trustee _____________________ Dated as of ____________ __, 2007 _____________________Temecula Valley Bancorp Inc • December 7th, 2007 • National commercial banks • Delaware
Junior Subordinated Indenture, dated as of ____________ __, 2007, between Temecula Valley Bancorp Inc., a California corporation (the “Company”), and Wilmington Trust Company, a Delaware banking corporation, as Trustee (in such capacity, the “Trustee”).
AMENDED AND RESTATED TRUST AGREEMENT among TEMECULA VALLEY BANCORP INC., as Depositor WILMINGTON TRUST COMPANY, as Property Trustee WILMINGTON TRUST COMPANY, as Delaware Trustee and THE ADMINISTRATIVE TRUSTEES NAMED HEREIN as Administrative Trustees...Trust Agreement • December 7th, 2007 • Temecula Valley Bancorp Inc • National commercial banks • Delaware
AMENDED AND RESTATED TRUST AGREEMENT, dated as of ____________ __, 2007, among (i) Temecula Valley Bancorp Inc., a California corporation (including any successors or permitted assigns, the “Depositor”), (ii) Wilmington Trust Company, a Delaware banking corporation, as property trustee (in such capacity, the “Property Trustee”), (iii) Wilmington Trust Company, a Delaware banking corporation, as Delaware trustee (in such capacity, the “Delaware Trustee”), (iv) Stephen H. Wacknitz, an individual, Donald A. Pitcher, an individual, and William H. McGaughey, an individual, each of whose address is c/o Temecula Valley Bancorp Inc., 27710 Jefferson Avenue, Suite A100, Temecula, CA 92590, as administrative trustees (in such capacities, each an “Administrative Trustee” and, collectively, the “Administrative Trustees” and, together with the Property Trustee and the Delaware Trustee, the “Trustees”) and (v) the several Holders, as hereinafter defined.
GUARANTEE AGREEMENT between TEMECULA VALLEY BANCORP INC., as Guarantor, and WILMINGTON TRUST COMPANY, as Guarantee Trustee Dated as of __________ __, 2007 TEMECULA VALLEY STATUTORY TRUST VIGuarantee Agreement • December 7th, 2007 • Temecula Valley Bancorp Inc • National commercial banks • California
Guarantee Agreement, dated as of ____________ __, 2007, executed and delivered by Temecula Valley Bancorp Inc., a California corporation (the “Guarantor”) having its principal office at 27710 Jefferson Avenue, Suite A100, Temecula, CA 92590, and Wilmington Trust Company, a Delaware banking corporation, as trustee (in such capacity, the “Guarantee Trustee”), for the benefit of the Holders (as defined herein) from time to time of the Trust Preferred Securities (as defined herein) of Temecula Valley Statutory Trust VI, a Delaware statutory trust (the “Issuer”).
Temecula Valley Bancorp Inc. Fixed Rate Junior Subordinated Note due 20__Temecula Valley Bancorp Inc • December 7th, 2007 • National commercial banks
THIS SECURITY HAS NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “SECURITIES ACT”), ANY STATE SECURITIES LAWS OR ANY OTHER APPLICABLE SECURITIES LAW. NEITHER THIS SECURITY NOR ANY INTEREST OR PARTICIPATION HEREIN MAY BE REOFFERED, SOLD, ASSIGNED, TRANSFERRED, PLEDGED, ENCUMBERED OR OTHERWISE DISPOSED OF IN THE ABSENCE OF SUCH REGISTRATION OR UNLESS SUCH TRANSACTION IS EXEMPT FROM, OR NOT SUBJECT TO, THE REGISTRATION REQUIREMENTS OF THE SECURITIES ACT AND ANY APPLICABLE STATE SECURITIES LAWS. THE HOLDER OF THIS SECURITY BY ITS ACCEPTANCE HEREOF AGREES TO OFFER, SELL OR OTHERWISE TRANSFER THIS SECURITY ONLY (A) TO THE COMPANY, (B) PURSUANT TO A REGISTRATION STATEMENT THAT HAS BEEN DECLARED EFFECTIVE UNDER THE SECURITIES ACT, (C) TO A PERSON WHOM THE SELLER REASONABLY BELIEVES IS A QUALIFIED INSTITUTIONAL BUYER IN A TRANSACTION MEETING THE REQUIREMENTS OF RULE 144A SO LONG AS THIS SECURITY IS ELIGIBLE FOR RESALE PURSUANT TO RULE 144A IN ACCORDANCE WITH RULE 144A, (D
