GUARANTEE AGREEMENT Dated as of February 5, 2007 By and Between CAPITAL ONE FINANCIAL CORPORATION, as Guarantor and THE BANK OF NEW YORK, as TrusteeGuarantee Agreement • February 8th, 2007 • Capital One Financial Corp • State commercial banks • New York
This GUARANTEE AGREEMENT (the “Guarantee“), dated as of February 5, 2007, is executed and delivered by CAPITAL ONE FINANCIAL CORPORATION, a Delaware corporation (the “Guarantor“), and THE BANK OF NEW YORK, a corporation duly existing under the laws of the State of New York, as trustee (the “Guarantee Trustee”), for the benefit of the Holders (as defined herein) from time to time of the Securities (as defined herein) of CAPITAL ONE CAPITAL IV, a Delaware statutory trust (the “Trust“).
RecitalsReplacement Capital Covenant • February 8th, 2007 • Capital One Financial Corp • State commercial banks
number of shares of Common Stock and rights to purchase a number of shares of Common Stock, in the aggregate, not in excess of 2% of the outstanding number of shares of Common Stock (the amount in clause (x) or (y) is referred to as the “Common Cap”); and
