AMENDED AND RESTATED TRUST AGREEMENT among FIRST CITIZENS BANCORPORATION, INC. as Depositor, DEUTSCHE BANK TRUST COMPANY AMERICAS as Property Trustee, DEUTSCHE BANK TRUST COMPANY DELAWARE, as Delaware Trustee, and CRAIG L. NIX and JERUE B. HALLMAN,...Trust Agreement • August 9th, 2004 • First Citizens Bancorporation Inc • State commercial banks • Delaware
THIS AMENDED AND RESTATED TRUST AGREEMENT, dated as of May 7, 2004, is by and among (i) First Citizens Bancorporation, Inc., a South Carolina corporation (including any successors or assigns, the “Depositor”), (ii) Deutsche Bank Trust Company Americas, a New York 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, the “Bank”), (iii) Deutsche Bank Trust Company Delaware, a Delaware banking corporation, as Delaware trustee (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 FIRST CITIZENS BANCORPORATION, INC. as Guarantor, and DEUTSCHE BANK TRUST COMPANY AMERICAS as Guarantee Trustee, Dated as of May 7, 2004Guarantee Agreement • August 9th, 2004 • First Citizens Bancorporation Inc • State commercial banks • New York
This GUARANTEE AGREEMENT, dated as of May 7, 2004 is executed and delivered by FIRST CITIZENS BANCORPORATION, INC., a South Carolina corporation (the “Guarantor”), having its principal office at 1225 Lady Street, Columbia, South Carolina 29201, and DEUTSCHE BANK TRUST COMPANY AMERICAS, a New York banking corporation, as trustee (the “Guarantee Trustee”), for the benefit of the Holders (as defined herein) from time to time of the Preferred Securities (as defined herein) of FCB/SC Capital Trust II, a Delaware statutory trust (the “Issuer Trust”).
