AMENDED AND RESTATED TRUST AGREEMENT Among AUBURN NATIONAL BANCORPORATION, INC. as Depositor, WILMINGTON TRUST COMPANY as Property Trustee, WILMINGTON TRUST COMPANY, as Delaware Trustee, and E.L. Spencer, Jr. Emil F. Wright, Jr. and C. Wayne Alderman...Trust Agreement • November 14th, 2003 • Auburn National Bancorporation Inc • State commercial banks • Delaware
THIS AMENDED AND RESTATED TRUST AGREEMENT, dated as of November 4, 2003, is by and among (i) Auburn National Bancorporation, Inc., a Delaware corporation (including any successors or assigns, the “Depositor”), (ii) Wilmington Trust Company, a Delaware banking corporation, as property trustee (in such capacity, the “Property Trustee” and, in its separate corporate capacity and not in its capacity as Property Trustee or Delaware Trustee, the “Bank”), (iii) Wilmington Trust Company, a Delaware banking corporation, as Delaware trustee (in such capacity, the “Delaware Trustee”) (the Property Trustee and the Delaware Trustee are referred to collectively herein as the “Issuer Trustees”), (iv) the Administrators, as hereinafter defined, and (v) the several Holders, as hereinafter defined.
GUARANTEE AGREEMENT Between AUBURN NATIONAL BANCORPORATION, INC. as Guarantor, and WILMINGTON TRUST COMPANY as Guarantee Trustee, Dated as of November 4, 2003Guarantee Agreement • November 14th, 2003 • Auburn National Bancorporation Inc • State commercial banks • New York
THIS GUARANTEE AGREEMENT, dated as of November 4, 2003, is executed and delivered by AUBURN NATIONAL BANCORPORATION, INC., a Delaware corporation (the “Guarantor”), having its principal office at 100 North Gay Street, Auburn, Alabama 36830, 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 AUBURN NATIONAL BANCORPORATION CAPITAL TRUST I, a Delaware statutory trust (the “Issuer Trust”).
