0001193125-05-199139 Sample Contracts

GUARANTEE AGREEMENT by and between BANK OF WILMINGTON CORPORATION and WILMINGTON TRUST COMPANY Dated as of October 4, 2005
Guarantee Agreement • October 11th, 2005 • Bank of Wilmington CORP • National commercial banks • New York

This GUARANTEE AGREEMENT (this “Guarantee”), dated as of October 4, 2005, is executed and delivered by Bank of Wilmington Corporation, a North Carolina corporation (the “Guarantor”), 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 BKWW Statutory Trust I, a Delaware statutory trust (the “Issuer”).

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