AMENDED AND RESTATED TRUST AGREEMENT among POPULAR NORTH AMERICA, INC., as Depositor POPULAR, INC., as Guarantor THE BANK OF NEW YORK MELLON, as Property Trustee BNY MELLON TRUST OF DELAWARE, as Delaware Trustee and THE ADMINISTRATIVE TRUSTEES NAMED...Trust Agreement • September 3rd, 2009 • Popular Inc • State commercial banks • Delaware
Popular North America Capital Trust I, a statutory trust formed under the laws of the State of Delaware (the “Issuer Trust”), hereby certifies that [NAME OF HOLDER] (the “Holder”) is the registered owner of Common Securities of the Issuer Trust representing common undivided beneficial interests in the assets of the Issuer Trust and designated the 6.564% Common Securities (liquidation amount $1,000 per Common Security) (the “Common Securities”). To the fullest extent permitted by applicable law and except in accordance with Section 5.11 of the Trust Agreement (as defined below) the Common Securities are not transferable and any attempted transfer hereof other than in accordance therewith shall be void. The designations, rights, privileges, restrictions, preferences and other terms and provisions of the Common Securities are set forth in, and this certificate and the Common Securities represented hereby are issued and shall in all respects be subject to the terms and provisions of, the A
GUARANTEE AGREEMENT by and between POPULAR, INC., as Guarantor and THE BANK OF NEW YORK MELLON, as Guarantee Trustee relating to POPULAR CAPITAL TRUST II (Formerly known as New Popular Capital Trust II) Dated as of August 31, 2009Guarantee Agreement • September 3rd, 2009 • Popular Inc • State commercial banks • Puerto Rico
GUARANTEE AGREEMENT, dated as of August 31, 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 II, a Delaware statutory trust, formerly known as New Popular Capital Trust II (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 • September 3rd, 2009 • Popular Inc • State commercial banks • Delaware
AMENDED AND RESTATED DECLARATION OF TRUST AND TRUST AGREEMENT, dated as of August 31, 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 banking 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. This Trust Agreement shall be deemed effective immedia
GUARANTEE AGREEMENT by and among POPULAR NORTH AMERICA, INC., as Guarantor POPULAR, INC., as Additional Guarantor and THE BANK OF NEW YORK MELLON, as Guarantee Trustee relating to BANPONCE TRUST I (Formerly known as New BanPonce Trust I) Dated as of...Guarantee Agreement • September 3rd, 2009 • Popular Inc • State commercial banks • New York
GUARANTEE AGREEMENT, dated as of August 31, 2009, by and among POPULAR NORTH AMERICA, INC., a Delaware corporation (formerly Banponce Financial Corp., the “Guarantor”), having its principal office at 521 Fellowship Road, Mt. Laurel, New Jersey 08054, POPULAR, INC., a Puerto Rico corporation (formerly Banponce Corporation, the “Additional Guarantor”, and together with the Guarantor, the “Guarantors”), having its principal office at 209 Muñoz Rivera Avenue, Hato Rey, Puerto Rico 00918, and THE BANK OF NEW YORK MELLON, a New York banking corporation, 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 BANPONCE TRUST I, a Delaware statutory trust formerly known as New BanPonce Trust I (the “Issuer Trust”).
SUPPLEMENTAL INDENTURE among POPULAR NORTH AMERICA, INC., as Issuer POPULAR, INC., as Guarantor and THE BANK OF NEW YORK MELLON Dated as of August 31, 2009 Supplement to Indenture, dated as of February 5, 1997Supplemental Indenture • September 3rd, 2009 • Popular Inc • State commercial banks • New York
SUPPLEMENTAL INDENTURE, dated as of August 31, 2009 (this “Supplemental Indenture”) among POPULAR NORTH AMERICA, INC. (f/k/a BanPonce Financial Corp.), a Delaware corporation (the “Company”), having its principal office at 521 Fellowship Road, Mount Laurel, New Jersey 08054, POPULAR, INC. (f/k/a BanPonce Corporation), a Puerto Rico corporation (the “Guarantor”) having its principal place of business at 209 Munoz Rivera Avenue, San Juan, Puerto Rico 00918, and THE BANK OF NEW YORK MELLON (as successor to The First National Bank of Chicago), as trustee (hereinafter called the “Trustee”).
SUPPLEMENTAL INDENTURE among POPULAR NORTH AMERICA, INC., as Issuer POPULAR, INC., as Guarantor and THE BANK OF NEW YORK MELLON Dated as of August 31, 2009 Supplement to Indenture, dated as of September 16, 2004Supplemental Indenture • September 3rd, 2009 • Popular Inc • State commercial banks • New York
SUPPLEMENTAL INDENTURE, dated as of August 31, 2009 (this “Supplemental Indenture”) among POPULAR NORTH AMERICA, INC., a Delaware corporation (the “Company”), having its principal office at 209 Munoz Rivera Avenue, San Juan, Puerto Rico 00918, POPULAR, INC., a Puerto Rico corporation (the “Guarantor”) having its principal place of business at 209 Munoz Rivera Avenue, Hato Rey, Puerto Rico 00918, and THE BANK OF NEW YORK MELLON (as successor the J.P. Morgan Trust Company, National Association), as trustee (hereinafter called the “Trustee”).
