0001193125-03-003209 Sample Contracts

Exhibit 4.3 AMENDED AND RESTATED TRUST AGREEMENT
Trust Agreement • May 2nd, 2003 • Bank of New York Co Inc • State commercial banks • Delaware
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by and between THE BANK OF NEW YORK COMPANY, INC., as Guarantor and
Guarantee Agreement • May 2nd, 2003 • Bank of New York Co Inc • State commercial banks • New York
April 22, 2003 Merrill Lynch, Pierce, Fenner & Smith Incorporated 4 World Financial Center North Tower, 15th Floor New York, New York 10080 Morgan Stanley & Co. Incorporated 1585 Broadway New York, New York 10036 As Representatives of the several...
Pricing Agreement • May 2nd, 2003 • Bank of New York Co Inc • State commercial banks

The Bank of New York Company, Inc., a New York corporation (the "Company"), and a statutory trust formed under the laws of the State of Delaware specified in Schedule II hereto (the "Designated Trust") propose, subject to the terms and conditions stated herein and in the Underwriting Agreement Standard Provisions (August 2002) (the "Standard Provisions"), to issue and sell to the Underwriters the preferred securities of the Designated Trust (the "Designated Securities").

ARTICLE I
Agreement as to Expenses and Liabilities • May 2nd, 2003 • Bank of New York Co Inc • State commercial banks • New York
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