AMENDED AND RESTATED TRUST AGREEMENT among BB&T CORPORATION, as Depositor U. S. BANK NATIONAL ASSOCIATION, as Property Trustee WILMINGTON TRUST COMPANY, as Delaware Trustee and the several Holders of the Trust Securities Dated as of September 10, 2008...Trust Agreement • September 10th, 2008 • Bb&t Corp • National commercial banks • Delaware
AMENDED AND RESTATED TRUST AGREEMENT, dated as of September 10, 2008 among (i) BB&T Corporation, a North Carolina corporation (including any successors or assigns, the “Depositor”), (ii) U.S. Bank National Association, a national banking association, as property trustee (in such capacity, the “Property Trustee” and, in its separate corporate capacity and not in its capacity as Property Trustee, “U.S. Bank”), (iii) Wilmington Trust Company, a Delaware banking corporation, as Delaware trustee (in such capacity, the “Delaware Trustee”), (iv) Frances B. Jones, an individual, and Christopher L. Henson, an individual, each of whose address is c/o BB&T Corporation, 200 West Second Street, Winston-Salem, NC 27101 (each, an “Administrative Trustee,” and collectively, the “Administrative Trustees”) (the Property Trustee, the Delaware Trustee, and the Administrative Trustees being referred to collectively as the “Issuer Trustees”), and (v) the several Holders, as hereinafter defined.
GUARANTEE AGREEMENT by and between BB&T CORPORATION as Guarantor and U.S. BANK NATIONAL ASSOCIATION as Guarantee Trustee relating to BB&T CAPITAL TRUST V Dated as of September 10, 2008Guarantee Agreement • September 10th, 2008 • Bb&t Corp • National commercial banks • New York
GUARANTEE AGREEMENT, dated as of September 10, 2008, between BB&T CORPORATION, a North Carolina corporation (the “Guarantor”), having its principal office at 200 West Second Street, Winston-Salem, North Carolina 27101, and U.S. Bank National Association, a national banking association, as trustee (in such capacity, the “Guarantee Trustee” and, in its separate corporate capacity and not in its capacity as Guarantee Trustee, “U.S. Bank”), for the benefit of the Holders (as defined herein) from time to time of the Capital Securities (as defined herein) of BB&T CAPITAL TRUST V, a Delaware statutory trust (the “Issuer Trust”).
Enhanced Trust Preferred Securities BB&T Capital Trust V Guaranteed to the extent set forth in the Guarantee Agreement by BB&T Corporation Underwriting AgreementUnderwriting Agreement • September 10th, 2008 • Bb&t Corp • National commercial banks • New York
Delaware, provided that such counsel may note that the holders of Capital Securities and of the Common Securities may be obligated, pursuant to the Trust Agreement, to (a) provide indemnity and/or security in connection with and pay taxes or governmental charges arising from transfers or exchanges of Common Securities certificates or Capital Securities certificates and the issuance of replacement of such certificates, and (b) provide security and indemnity in connection with requests of or directions to the Property Trustee (as defined in the Trust Agreement) to exercise its rights and remedies under the Trust Agreement;
BB&T CORPORATION AND as Trustee FOURTH SUPPLEMENTAL JUNIOR SUBORDINATED INDENTURE Dated as of September 10, 2008 to JUNIOR SUBORDINATED INDENTURE Dated as of August 18, 2005Fourth Supplemental Junior Subordinated Indenture • September 10th, 2008 • Bb&t Corp • National commercial banks • New York
THIS FOURTH SUPPLEMENTAL JUNIOR SUBORDINATED INDENTURE, dated as of September 10, 2008 (this “Fourth Supplemental Indenture”), between BB&T CORPORATION, a North Carolina corporation (the “Corporation”) and U.S. BANK NATIONAL ASSOCIATION, a national banking association, as trustee (the “Trustee”) under the Junior Subordinated Indenture, dated as of August 18, 2005, between the Corporation and the Trustee (the “Indenture”).
