0001193125-03-009975 Sample Contracts

FIRST REPUBLIC PREFERRED CAPITAL CORPORATION [.]% NONCUMULATIVE PERPETUAL SERIES D PREFERRED STOCK UNDERWRITING AGREEMENT
Underwriting Agreement • June 16th, 2003 • First Republic Preferred Capital Corp • Real estate investment trusts • New York
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FIRST REPUBLIC PREFERRED CAPITAL CORPORATION
First Republic Preferred Capital Corp • June 16th, 2003 • Real estate investment trusts

First Republic Preferred Capital Corporation (the “Corporation”) and First Republic Bank (the “Bank”) are parties to an Amended and Restated Master Loan Purchase and Servicing Agreement, dated as of December 1, 2001 (the “Agreement”). Pursuant to the Agreement, from time to time the Bank may agree to sell to the Corporation, and the Corporation may agree to purchase from the Bank, all of the Bank’s right, title and interest in and to certain residential mortgage loans, on a servicing retained basis, in accordance with the terms and conditions of the Agreement. On May 21, 2003, the Corporation filed with the Securities and Exchange Commission a Registration Statement on Form S-3 (File No. 333-105434), as amended by pre-effective amendment No.1 to the Registration Statement on Form S-3 on Form S-11 (as amended, the “Registration Statement”) that included a prospectus (as modified by any amendment to the Registration Statement, the “Prospectus”) in connection with an initial public offeri

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