AMENDED AND RESTATED TRUST AGREEMENT among GREATER BAY BANCORP, as Depositor WILMINGTON TRUST COMPANY, as Property Trustee WILMINGTON TRUST COMPANY, as Delaware Trustee and THE ADMINISTRATIVE TRUSTEES NAMED HEREIN as Administrative TrusteesTrust Agreement • June 19th, 2006 • Greater Bay Bancorp • National commercial banks • Delaware
AMENDED AND RESTATED TRUST AGREEMENT, dated as of June 14, 2006, among (i) Greater Bay Bancorp, a California corporation (including any successors or permitted assigns, the “Depositor”), (ii) Wilmington Trust Company, a Delaware banking corporation, as property trustee (in such capacity, the “Property Trustee”), (iii) Wilmington Trust Company, a Delaware banking corporation, as Delaware trustee (in such capacity, the “Delaware Trustee”), (iv) James S. Westfall, an individual, David A. O’Brien, an individual, and Kamran F. Husain, an individual, each of whose address is c/o Greater Bay Bancorp, 1900 University Avenue, 6th Floor, East Palo Alto, California 94303 as administrative trustees (in such capacities, each an “Administrative Trustee” and, collectively, the “Administrative Trustees” and, together with the Property Trustee and the Delaware Trustee, the “Trustees”) and (v) the several Holders, as hereinafter defined.
JUNIOR SUBORDINATED INDENTURE between GREATER BAY BANCORP and WILMINGTON TRUST COMPANY, as TrusteeGreater Bay Bancorp • June 19th, 2006 • National commercial banks • New York
JUNIOR SUBORDINATED INDENTURE, dated as of June 14, 2006, between Greater Bay Bancorp, a California corporation (the “Company”), and WILMINGTON TRUST COMPANY, a Delaware banking corporation, as Trustee (in such capacity, the “Trustee”).
GUARANTEE AGREEMENT between GREATER BAY BANCORP, As Guarantor, and WILMINGTON TRUST COMPANY, As Guarantee Trustee Dated as of June 14, 2006 GBB CAPITAL VIIIGuarantee Agreement • June 19th, 2006 • Greater Bay Bancorp • National commercial banks • New York
GUARANTEE AGREEMENT, dated as of June 14, 2006, executed and delivered by GREATER BAY BANCORP, a California corporation (the “Guarantor”) having its principal office at 1900 University Avenue, 6th Floor, East Palo Alto, California 94303, and WILMINGTON TRUST COMPANY, a Delaware banking corporation, as trustee (in such capacity, the “Guarantee Trustee”), for the benefit of the Holders (as defined herein) from time to time of the Preferred Securities (as defined herein) of GBB Capital VIII, a Delaware statutory trust (the “Issuer”).
