JUNIOR SUBORDINATED INDENTURE between MACON BANCORP and DEUTSCHE BANK TRUST COMPANY AMERICAS, as Trustee Dated as of December 30,2003Junior Subordinated Indenture • September 19th, 2011 • Macon Financial Corp. • Savings institutions, not federally chartered • New York
JUNIOR SUBORDINATED INDENTURE, dated as of December 30, 2003, between MACON BANCORP, a North Carolina corporation (the “Company”), and DEUTSCHE BANK TRUST COMPANY AMERICAS, a New York banking corporation, as Trustee (in such capacity, the “Trustee”).
AMENDED AND RESTATED TRUST AGREEMENT among MACON BANCORP, as Depositor DEUTSCHE BANK TRUST COMPANY AMERICAS, as Property Trustee DEUTSCHE BANK TRUST COMPANY DELAWARE, as Delaware Trustee and THE ADMINISTRATIVE TRUSTEES NAMED HEREIN as Administrative...Trust Agreement • September 19th, 2011 • Macon Financial Corp. • Savings institutions, not federally chartered • New York
AMENDED AND RESTATED TRUST AGREEMENT, dated as of December 30, 2003, among (i) Macon Bancorp, a North Carolina corporation (including any successors or permitted assigns, the “Depositor”), (ii) Deutsche Bank Trust Company Americas, a New York banking corporation, as property trustee (in such capacity, the “Property Trustee”), (iii) Deutsche Bank Trust Company Delaware, a Delaware banking corporation, as Delaware trustee (in such capacity, the “Delaware Trustee”), (iv) Everett Stiles, an individual, Stan M. Jeffress, an individual, and Roger Plemens, an individual, each of whose address is c/o Macon Bancorp, One Center Court, Franklin, North Carolina 28734, as administrative trustees (in such capacities, each an “Administrative Trustee” and, collectively, the “Administrative Trustees” and, together with the Property Trustee and the Delaware Trustee, the “Trustees”) and (v) the several Holders, as hereinafter defined.
GUARANTEE AGREEMENT between MACON BANCORP, As Guarantor, and DEUTSCHE BANK TRUST COMPANY AMERICAS, As Guarantee Trustee Dated as of December 30, 2003 MACON CAPITAL TRUST IGuarantee Agreement • September 19th, 2011 • Macon Financial Corp. • Savings institutions, not federally chartered • New York
GUARANTEE AGREEMENT, dated as of December 30, 2003, executed and delivered by MACON BANCORP, a North Carolina corporation (the “Guarantor”) having its principal office at One Center Court, Franklin, North Carolina 28734, and DEUTSCHE BANK TRUST COMPANY AMERICAS, a New York banking corporation, as trustee (in such capacity, the “Guarantee Trustee”), for the benefit of the Holders (as defined herein) from time to time of the Preferred Securities (as defined herein) of Macon Capital Trust I, a Delaware statutory trust (the “Issuer”).
