AMENDED AND RESTATED TRUST AGREEMENT among MONARCH FINANCIAL HOLDINGS, INC., as Depositor WILMINGTON TRUST COMPANY, as Property Trustee WILMINGTON TRUST COMPANY, as Delaware Trustee and THE ADMINISTRATIVE TRUSTEES NAMED HEREIN as Administrative TrusteesTrust Agreement • July 10th, 2006 • Monarch Financial Holdings, Inc. • Blank checks • Delaware
AMENDED AND RESTATED TRUST AGREEMENT, dated as of July 5, 2006, among (i) Monarch Financial Holdings, Inc., a Virginia 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) William F. Rountree, Jr., an individual, Brad E. Schwartz, an individual, and Jeffrey F. Benson, an individual, each of whose address is c/o Monarch Financial Holdings, Inc., 1101 Executive Drive, Chesapeake, VA 23320, 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 MONARCH FINANCIAL HOLDINGS, INC. and WILMINGTON TRUST COMPANY, as TrusteeMonarch Financial Holdings, Inc. • July 10th, 2006 • Blank checks • New York
JUNIOR SUBORDINATED INDENTURE, dated as of July 5, 2006, between MONARCH FINANCIAL HOLDINGS, INC., a Virginia corporation (the “Company”), and WILMINGTON TRUST COMPANY, a Delaware banking corporation, as Trustee (in such capacity, the “Trustee”).
GUARANTEE AGREEMENT between MONARCH FINANCIAL HOLDINGS, INC., As Guarantor, and WILMINGTON TRUST COMPANY, As Guarantee Trustee Dated as of July 5, 2006 MONARCH FINANCIAL HOLDINGS TRUSTGuarantee Agreement • July 10th, 2006 • Monarch Financial Holdings, Inc. • Blank checks • New York
GUARANTEE AGREEMENT, dated as of July 5, 2006, executed and delivered by MONARCH FINANCIAL HOLDINGS, INC., a Virginia corporation (the “Guarantor”) having its principal office at 1101 Executive Drive, Chesapeake, VA 23320, 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 Monarch Financial Holdings Trust, a Delaware statutory trust (the “Issuer”).
