0001277277-06-000875 Sample Contracts

Contract
Replacement Capital Covenant • December 18th, 2006 • Washington Mutual, Inc • Savings institution, federally chartered

Replacement Capital Covenant, dated as of December 13, 2006 (this “Replacement Capital Covenant”), by Washington Mutual, Inc., a Washington corporation (together with its successors and assigns, the “Corporation”), in favor of and for the benefit of each Covered Debtholder (as defined below).

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Contract
Replacement Capital Covenant • December 18th, 2006 • Washington Mutual, Inc • Savings institution, federally chartered

Replacement Capital Covenant, dated as of September 18, 2006 (this “Replacement Capital Covenant”), by Washington Mutual, Inc., a Washington corporation (together with its successors and assigns, the “Corporation”), in favor of and for the benefit of each Covered Debtholder (as defined below).

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