POPULAR, INC. Underwriting AgreementUnderwriting Agreement • May 29th, 2008 • Popular Inc • State commercial banks • Puerto Rico
Popular, Inc. (the “Company”), a Puerto Rico corporation, proposes to sell to the several underwriters named in Schedule I hereto (the “Underwriters”), for whom you are acting as Representatives, an aggregate of 16,000,000 shares (the “Securities”) of 8.25% Non-cumulative Monthly Income Preferred Stock, Series B, no par value and with a liquidation preference of $25 per share (the “Preferred Stock”), of the Company on the terms and for the purposes set forth in Section 2 hereof.
POPULAR, INC. REPLACEMENT CAPITAL COVENANTReplacement Capital Covenant • May 29th, 2008 • Popular Inc • State commercial banks
REPLACEMENT CAPITAL COVENANT, dated as of May 28, 2008 (this “Replacement Capital Covenant”), by Popular, Inc., a Puerto Rico corporation (together with its successors and assigns, including any entity surviving or resulting from a merger, consolidation, binding share exchange, sale, lease or transfer of all or substantially all of the assets or other business combination, the “Corporation”), in favor of and for the benefit of each Covered Debtholder (as defined below).
