GUARANTEE AGREEMENT by and between POPULAR, INC., as Guarantor and THE BANK OF NEW YORK MELLON, as Guarantee Trustee relating to POPULAR CAPITAL TRUST III Dated as of August 24, 2009Guarantee Agreement • August 26th, 2009 • Popular Inc • State commercial banks • New York
GUARANTEE AGREEMENT, dated as of August 24, 2009, between POPULAR, INC., a Commonwealth of Puerto Rico corporation (the “Guarantor”), having its principal office at 209 Muñoz Rivera Avenue, San Juan, Puerto Rico 00918, and THE BANK OF NEW YORK MELLON, as trustee (the “Guarantee Trustee”), for the benefit of the Holders (as defined herein) from time to time of the Capital Securities (as defined herein) of POPULAR CAPITAL TRUST III, a Delaware statutory trust (the “Issuer Trust”).
AMENDED AND RESTATED DECLARATION OF TRUST AND TRUST AGREEMENT among POPULAR INC., as Depositor THE BANK OF NEW YORK MELLON, as Property Trustee BNY MELLON TRUST OF DELAWARE, as Delaware Trustee and THE SEVERAL HOLDERS OF THE TRUST SECURITIES Dated as...Declaration of Trust and Trust Agreement • August 26th, 2009 • Popular Inc • State commercial banks • Delaware
AMENDED AND RESTATED DECLARATION OF TRUST AND TRUST AGREEMENT, dated as of August 24, 2009 among (i) POPULAR, INC., a Commonwealth of Puerto Rico corporation (including any successors or assigns, the “Depositor”), (ii) THE BANK OF NEW YORK MELLON, a New York banking corporation, as property trustee (in such capacity, the “Property Trustee”), (iii) BNY MELLON TRUST OF DELAWARE, a Delaware corporation, as Delaware trustee (in such capacity, the “Delaware Trustee”), (iv) JORGE A. JUNQUERA, an individual, and RICHARD BARRIOS, an individual, each of whose address is c/o Popular, Inc., Popular Center Building, 209 Munoz Rivera Avenue, Hato Rey, Puerto Rico 00926 (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.
EXCHANGE AGREEMENT by and among POPULAR, INC., POPULAR CAPITAL TRUST III AND THE UNITED STATES DEPARTMENT OF THE TREASURY Dated as of August 21, 2009Exchange Agreement • August 26th, 2009 • Popular Inc • State commercial banks • New York
EXCHANGE AGREEMENT, dated as of August 21, 2009 (this “Agreement”) by and among Popular, Inc., a Puerto Rico corporation (the “Company”), Popular Capital Trust III (the “Trust”), a Delaware statutory trust created under the Delaware Statutory Trust Act (as defined in the Trust Agreement), and the United States Department of the Treasury (the “Investor”). All capitalized terms used herein and not otherwise defined shall have the respective meanings ascribed to them in the Securities Purchase Agreement.
FIRST SUPPLEMENTAL INDENTURE between POPULAR, INC. and THE BANK OF NEW YORK MELLON Dated as of August 24, 2009Supplemental Indenture • August 26th, 2009 • Popular Inc • State commercial banks • New York
FIRST SUPPLEMENTAL INDENTURE, dated as of August 24, 2009 (the “First Supplemental Indenture”), between POPULAR, INC., a Puerto Rico corporation (hereinafter sometimes called the “Company”), and THE BANK OF NEW YORK MELLON, a New York banking corporation, as trustee (hereinafter sometimes called the “Trustee”) under the Indenture dated as of August 24, 2009 between the Company and the Trustee (the “Indenture”).
