Capital Replacement Covenant Sample Contracts

Recitals
Capital Replacement Covenant • January 25th, 2008 • Citigroup Inc • National commercial banks

continue to defer Distributions, without a breach of its obligations under the transaction documents related to the Qualifying Capital Securities;

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Contract
Capital Replacement Covenant • March 8th, 2007 • Citigroup Inc • National commercial banks

Capital Replacement Covenant, dated as of March 6, 2007 (this “Covenant”), by Citigroup Inc., a Delaware corporation (the “Corporation”), in favor of, and for the benefit of, each Covered Debtholder (as defined below).

Contract
Capital Replacement Covenant • June 12th, 2006 • Capital One Financial Corp • Personal credit institutions

Capital Replacement Covenant, dated as of June 6, 2006 (this “Capital Replacement Covenant”), by Capital One Financial Corporation, a Delaware corporation (the “Company”), in favor of, and for the benefit of, each Covered Debtholder (as defined below).

Recitals
Capital Replacement Covenant • December 20th, 2006 • Peabody Energy Corp • Bituminous coal & lignite surface mining
RECITALS
Capital Replacement Covenant • July 6th, 2006 • Citigroup Inc • National commercial banks
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