0001193125-07-105477 Sample Contracts

Recitals
Replacement Capital Covenant • May 8th, 2007 • Wachovia Corp New • National commercial banks

anniversary of the commencement of any deferral period that is not earlier than the fifth such anniversary and not later than the ninth such anniversary (as designated in the terms of such Qualifying Capital Securities) with respect to deferred Distributions attributable to the first five years of such deferral period, either:

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