AMENDED AND RESTATED TRUST AGREEMENT among FIRST CITIZENS BANCSHARES, 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 • August 9th, 2006 • First Citizens Bancshares Inc /De/ • State commercial banks • Delaware
AMENDED AND RESTATED TRUST AGREEMENT, dated as of May 18, 2006, among (i) First Citizens BancShares, Inc., a Delaware 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) Kenneth A. Black, an individual and John H. Gray, an individual, each of whose address is c/o First Citizens BancShares, Inc., 3128 Smoketree Court, Raleigh, North Carolina 27604, 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.
GUARANTEE AGREEMENT between FIRST CITIZENS BANCSHARES, INC., As Guarantor, and WILMINGTON TRUST COMPANY, As Guarantee Trustee Dated as of May 18, 2006 FCB/NC CAPITAL TRUST IIIGuarantee Agreement • August 9th, 2006 • First Citizens Bancshares Inc /De/ • State commercial banks • New York
GUARANTEE AGREEMENT, dated as of May 18, 2006, executed and delivered by FIRST CITIZENS BANCSHARES, INC., a Delaware corporation (the “Guarantor”) having its principal office at 3128 Smoketree Court, Raleigh, North Carolina 27604, 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 FCB/NC Capital Trust III, a Delaware statutory trust (the “Issuer”).
JUNIOR SUBORDINATED INDENTURE between FIRST CITIZENS BANCSHARES, INC. and WILMINGTON TRUST COMPANY, as TrusteeIndenture • August 9th, 2006 • First Citizens Bancshares Inc /De/ • State commercial banks • New York
JUNIOR SUBORDINATED INDENTURE, dated as of May 18, 2006, between FIRST CITIZENS BANCSHARES, INC., a Delaware corporation (the “Company”), and WILMINGTON TRUST COMPANY, a Delaware banking corporation, as Trustee (in such capacity, the “Trustee”).
