0001193125-09-001095 Sample Contracts

Wells Fargo & Company
Merger Agreement • January 5th, 2009 • Wachovia Preferred Funding Corp • Real estate investment trusts

We refer to the Exchange Agreement, dated as of November 25, 2002 (the “Exchange Agreement”), by and among Wachovia Corporation, a North Carolina corporation (“Wachovia”), Wachovia Preferred Funding Corp., a Delaware corporation (“WPFC”) and Wachovia Bank, National Association, a national banking association (“Wachovia Bank, N.A.”). Capitalized terms used but not defined in this letter agreement shall have the meanings given to such terms in the Exchange Agreement.

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