0001193125-09-165735 Sample Contracts

GUARANTEE AGREEMENT Dated as of August 5, 2009 By and Between CAPITAL ONE FINANCIAL CORPORATION, as Guarantor and THE BANK OF NEW YORK MELLON, as Trustee
Guarantee Agreement • August 6th, 2009 • Capital One Financial Corp • State commercial banks • New York

This GUARANTEE AGREEMENT (the “Guarantee”), dated as of August 5, 2009, is executed and delivered by CAPITAL ONE FINANCIAL CORPORATION, a Delaware corporation (the “Guarantor”), and THE BANK OF NEW YORK MELLON, 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 V, a Delaware statutory trust (the “Trust”).

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