0001193125-16-515160 Sample Contracts

GUARANTEE AGREEMENT by and between THE GOLDMAN SACHS GROUP, INC., as Guarantor and The Bank of New York Mellon, as Guarantee Trustee relating to GOLDMAN SACHS CAPITAL II (Formerly known as Goldman Sachs Capital IV) Dated as of March 23, 2016
Guarantee Agreement • March 23rd, 2016 • Goldman Sachs Group Inc • Security brokers, dealers & flotation companies • New York

GUARANTEE AGREEMENT, dated as of March 23, 2016, between THE GOLDMAN SACHS GROUP, INC., a Delaware corporation (the “Guarantor”), having its principal office at 200 West Street, New York, NY 10282, and THE BANK OF NEW YORK MELLON, as trustee (the “Guarantee Trustee”), for the benefit of the Holders from time to time of the Apex of Goldman Sachs Capital II, a Delaware statutory trust formerly known as Goldman Sachs Capital IV (the “Issuer Trust”).

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SECOND AMENDED AND RESTATED TRUST AGREEMENT among The Goldman Sachs Group Inc., as Sponsor, The Bank of New York Mellon, as Property Trustee, BNY Mellon Trust of Delaware, as Delaware Trustee, the Administrative Trustees (as named herein), and the...
Trust Agreement • March 23rd, 2016 • Goldman Sachs Group Inc • Security brokers, dealers & flotation companies • Delaware

Note: This reconciliation and tie shall not, for any purpose be deemed to be part of the Second Amended and Restated Trust Agreement.

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