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 October 28, 2009...Trust Agreement • October 28th, 2009 • Bb&t Corp • National commercial banks • Delaware
AMENDED AND RESTATED TRUST AGREEMENT, dated as of October 28, 2009 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.
Enhanced Trust Preferred Securities BB&T Capital Trust VII Guaranteed to the extent set forth in the Guarantee Agreement by BB&T Corporation Underwriting AgreementUnderwriting Agreement • October 28th, 2009 • Bb&t Corp • National commercial banks • New York
to stockholders of private corporations for profit organized under the General Corporation Law of the State of 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;
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 VII Dated as of October 28, 2009Guarantee Agreement • October 28th, 2009 • Bb&t Corp • National commercial banks • New York
GUARANTEE AGREEMENT, dated as of October 28, 2009, 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 VII, a Delaware statutory trust (the “Issuer Trust”).
BB&T CORPORATION AND as Trustee SIXTH SUPPLEMENTAL JUNIOR SUBORDINATED INDENTURE Dated as of October 28, 2009 to JUNIOR SUBORDINATED INDENTURE Dated as of August 18, 2005Sixth Supplemental Junior Subordinated Indenture • October 28th, 2009 • Bb&t Corp • National commercial banks • New York
THIS SIXTH SUPPLEMENTAL JUNIOR SUBORDINATED INDENTURE, dated as of October 28, 2009 (this “Sixth 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”).
