Fleet Capital Trust Ix Sample Contracts

Fleet Capital Trust Ix – FIRST AMENDMENT TO DECLARATION OF TRUST (December 9th, 1999)

1 Exhibit 4(u)(v) FIRST AMENDMENT TO DECLARATION OF TRUST OF FLEET CAPITAL TRUST X Dated as of October 21, 1999 2 FIRST AMENDMENT TO DECLARATION OF TRUST OF FLEET CAPITAL TRUST X October 21, 1999 THIS FIRST AMENDMENT TO DECLARATION OF TRUST is made as of the 21st day of October, 1999 by and among Fleet Boston Corporation (the "Sponsor"), The Bank of New York (Delaware) (the "Delaware Trustee") and William C. Mutterperl, Douglas L. Jacobs and John R. Rodehorst (the "Regular Trustees"). W I T N E S S E T H T H A T: WHEREAS, the Sponsor, the Regular Trustees and First Chicago Delaware Inc. (the "Original Delaware Trust

Fleet Capital Trust Ix – FIRST AMENDMENT TO DECLARATION OF TRUST (December 9th, 1999)

1 Exhibit 4(u)(iv) FIRST AMENDMENT TO DECLARATION OF TRUST OF FLEET CAPITAL TRUST IX Dated as of October 21, 1999 2 FIRST AMENDMENT TO DECLARATION OF TRUST OF FLEET CAPITAL TRUST IX October 21, 1999 THIS FIRST AMENDMENT TO DECLARATION OF TRUST is made as of the 21st day of October, 1999 by and among Fleet Boston Corporation (the "Sponsor"), The Bank of New York (Delaware) (the "Delaware Trustee") and William C. Mutterperl, Douglas L. Jacobs and John R. Rodehorst (the "Regular Trustees"). W I T N E S S E T H T H A T: WHEREAS, the Sponsor, the Regular Trustees and First Chicago Delaware Inc. (the "Original Delaware Tru

Fleet Capital Trust Ix – THE SUBORDINATED NOTES ARE NOT SAVINGS ACCOUNTS, DEPOSITS OR OTHER OBLIGATIONS (December 9th, 1999)

1 EXHIBIT 4(i) Unless this certificate is presented by an authorized representative of The Depository Trust Company, a New York corporation ("DTC"), to Issuer or its agent for registration of transfer, exchange, or payment, and any certificate issued is registered in the name of Cede & Co. or in such other name as is requested by an authorized representative of DTC (and any payment is made to Cede & Co. or to such other entity as is requested by an authorized representative of DTC), ANY TRANSFER, PLEDGE, OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL inasmuch as the registered owner hereof, Cede & Co., has an interest herein. THE SUBORDINATED NOTES ARE NOT SAVINGS ACCOUNTS, DEPOSITS OR OTHER OBLIGATIONS OF ANY BANK OR NONBANK SUBSIDIARY OF FLEET BOSTON CORPORATION AND ARE NOT INSURED BY THE FEDERAL DEPOSIT INSURANCE CORPORATION, BANK INSURANCE FUND OR ANY OTHER GOVERNMENT AGENCY. RE

Fleet Capital Trust Ix – FORM OF WARRANT AGREEMENT [FOR WARRANTS SOLD ALONE](1) (December 9th, 1999)

1 EXHIBIT (4)(c) FLEET BOSTON CORPORATION FORM OF WARRANT AGREEMENT [FOR WARRANTS SOLD ALONE](1) THIS WARRANT AGREEMENT is dated as of ______________ between Fleet Boston Corporation, a Rhode Island corporation (hereinafter called the "Company", which term includes any successor corporation under the Indenture hereinafter referred to) and __________________________, as Warrant Agent (herein called the "Warrant Agent"). WHEREAS, the Company has entered into an Indenture dated as of ___________, 1999 (the "Indenture"), with The Bank of New York, as trustee (the "Trustee"), provided for the issuance from time to time of its unsecured debentures, notes or other evidences of indebtedness (the "Debt Securities"), to be issued in one or more series, as provided in the Indenture; and WHEREAS, the Company proposes to sell warrant certificates evidencing

Fleet Capital Trust Ix – [ ] SUPPLEMENTAL INDENTURE (December 9th, 1999)

1 EXHIBIT 4(x) [ ] SUPPLEMENTAL INDENTURE between FLEET BOSTON CORPORATION and THE BANK OF NEW YORK Dated as of [ ] 2 TABLE OF CONTENTS* PAGE ARTICLE I DEFINITIONS SECTION 1.1 Definition of Terms 1 ARTICLE II GENERAL TERMS AND CONDITIONS OF THE DEBENTURES SECTION 2.1 Designation and Principal Amount 3 SECTION 2.2 Maturity 3 SECTION 2.3

Fleet Capital Trust Ix – FIRST AMENDMENT (December 9th, 1999)

1 Exhibit 4(t)(ii) FIRST AMENDMENT TO CERTIFICATE OF TRUST OF FLEET CAPITAL TRUST VII (TO CERTIFICATE OF TRUST FILED MARCH 16, 1998) This First Amendment to Certificate of Trust of Fleet Capital Trust VII dated October 21, 1999, is hereby duly executed and filed by the undersigned, as trustees of Fleet Capital Trust VII (the "Trust"), for the purpose of amending the Certificate of Trust of the Trust filed March 16, 1998 (the "Original Certificate") under the Delaware Business Trust Act, 12 Del. C. Section 3801 et. seq. The undersigned hereby certify as follows: 1. NAME. The name of the Trust is "Fleet Capital Trust VII." 2. DELAWARE TRUSTEE. The name and business address of the trustee of the Trust whi

Fleet Capital Trust Ix – FIRST AMENDMENT TO DECLARATION OF TRUST (December 9th, 1999)

1 Exhibit 4(u)(i) FIRST AMENDMENT TO DECLARATION OF TRUST OF FLEET CAPITAL TRUST VI Dated as of October 21, 1999 2 FIRST AMENDMENT TO DECLARATION OF TRUST OF FLEET CAPITAL TRUST VI October 21, 1999 THIS FIRST AMENDMENT TO DECLARATION OF TRUST is made as of the 21st day of October, 1999 by and among Fleet Boston Corporation (the "Sponsor"), The Bank of New York (Delaware) (the "Delaware Trustee") and Eugene M. McQuade, Douglas L. Jacobs and John R. Rodehorst (the "Regular Trustees"). W I T N E S S E T H T H A T: WHEREAS, the Sponsor, the Regular Trustees and First Chicago Delaware Inc. (the "Original Delaware Trustee

Fleet Capital Trust Ix – FORM OF WARRANT AGREEMENT [FOR WARRANTS SOLD ATTACHED TO DEBT SECURITIES](1) (December 9th, 1999)

1 EXHIBIT (4)(b) FLEET BOSTON CORPORATION FORM OF WARRANT AGREEMENT [FOR WARRANTS SOLD ATTACHED TO DEBT SECURITIES](1) THIS WARRANT AGREEMENT is dated as of ______________ between Fleet Boston Corporation, a Rhode Island corporation (hereinafter called the "Company," which term includes any successor corporation under the Indenture hereinafter referred to) and _______________________________________, as Warrant Agent (herein called the "Warrant Agent"). WHEREAS, the Company has entered into an Indenture dated as of [], 1999 (the "Indenture") with The Bank of New York, as trustee (the "Trustee"), providing for the issuance from time to time of its unsecured debentures, notes or other evidences of indebtedness (the "Debt Securities"), to be issued in one or more series, as provided in the Indenture; and WHEREAS, the Company proposes to sell [title of Debt S

Fleet Capital Trust Ix – INDENTURE (December 9th, 1999)

1 Exhibit 4(w) FLEET FINANCIAL GROUP, INC. INDENTURE DATED AS OF [] THE BANK OF NEW YORK AS TRUSTEE JUNIOR SUBORDINATED DEBENTURES 2 TIE-SHEET of provisions of the Trust Indenture Act with Indenture dated as of __________, [] between Fleet Financial Group, Inc. and The Bank of New York, Trustee: ACT SECTION INDENTURE SECTION 310(a)(1) 6.09 310(a)(2) 6.09 310(a)(3) N/A 310(a)(4) N/A 310(b) 6.08; 6.10(a), (b) and (d) 310(c) N/A 311(a) and

Fleet Capital Trust Ix – FIRST AMENDMENT (December 9th, 1999)

1 Exhibit 4(t)(v) FIRST AMENDMENT TO CERTIFICATE OF TRUST OF FLEET CAPITAL TRUST X (TO CERTIFICATE OF TRUST FILED SEPTEMBER 3, 1998) This First Amendment to Certificate of Trust of Fleet Capital Trust X dated October 21, 1999, is hereby duly executed and filed by the undersigned, as trustees of Fleet Capital Trust X (the "Trust"), for the purpose of amending the Certificate of Trust of the Trust filed September 3, 1998 (the "Original Certificate") under the Delaware Business Trust Act, 12 Del. C. Section 3801 et. seq. The undersigned hereby certify as follows: 1. NAME. The name of the Trust is "Fleet Capital Trust X." 2. DELAWARE TRUSTEE. The name and business address of the trustee of the Trust which

Fleet Capital Trust Ix – FIRST AMENDMENT TO DECLARATION OF TRUST (December 9th, 1999)

1 Exhibit 4(u)(iii) FIRST AMENDMENT TO DECLARATION OF TRUST OF FLEET CAPITAL TRUST VIII Dated as of October 21, 1999 2 FIRST AMENDMENT TO DECLARATION OF TRUST OF FLEET CAPITAL TRUST VIII October 21, 1999 THIS FIRST AMENDMENT TO DECLARATION OF TRUST is made as of the 21st day of October, 1999 by and among Fleet Boston Corporation (the "Sponsor"), The Bank of New York (Delaware) (the "Delaware Trustee") and Eugene M. McQuade, Douglas L. Jacobs and John R. Rodehorst (the "Regular Trustees"). W I T N E S S E T H T H A T: WHEREAS, the Sponsor, the Regular Trustees and First Chicago Delaware Inc. (the "Original Delaware Trust

Fleet Capital Trust Ix – FIRST AMENDMENT (December 9th, 1999)

1 Exhibit 4(t)(i) FIRST AMENDMENT TO CERTIFICATE OF TRUST OF FLEET CAPITAL TRUST VI (TO CERTIFICATE OF TRUST FILED MARCH 16, 1998) This First Amendment to Certificate of Trust of Fleet Capital Trust VI dated October 21, 1999, is hereby duly executed and filed by the undersigned, as trustees of Fleet Capital Trust VI (the "Trust"), for the purpose of amending the Certificate of Trust of the Trust filed March 16, 1998 (the "Original Certificate") under the Delaware Business Trust Act, 12 Del. C. Section 3801 et. seq. The undersigned hereby certify as follows: 1. NAME. The name of the Trust is "Fleet Capital Trust VI." 2. DELAWARE TRUSTEE. The name and business address of the trustee of the Trust which h

Fleet Capital Trust Ix – FIRST AMENDMENT (December 9th, 1999)

1 Exhibit 4(t)(iv) FIRST AMENDMENT TO CERTIFICATE OF TRUST OF FLEET CAPITAL TRUST IX (TO CERTIFICATE OF TRUST FILED SEPTEMBER 3, 1998) This First Amendment to Certificate of Trust of Fleet Capital Trust IX dated October 21, 1999, is hereby duly executed and filed by the undersigned, as trustees of Fleet Capital Trust IX (the "Trust"), for the purpose of amending the Certificate of Trust of the Trust filed September 3, 1998 (the "Original Certificate") under the Delaware Business Trust Act, 12 Del. C. Section 3801 et. seq. The undersigned hereby certify as follows: 1. NAME. The name of the Trust is "Fleet Capital Trust IX." 2. DELAWARE TRUSTEE. The name and business address of the trustee of the Trust wh

Fleet Capital Trust Ix – FIRST AMENDMENT (December 9th, 1999)

1 Exhibit 4(t)(iii) FIRST AMENDMENT TO CERTIFICATE OF TRUST OF FLEET CAPITAL TRUST VIII (TO CERTIFICATE OF TRUST FILED MARCH 16, 1998) This First Amendment to Certificate of Trust of Fleet Capital Trust VIII dated October 21, 1999, is hereby duly executed and filed by the undersigned, as trustees of Fleet Capital Trust VIII (the "Trust"), for the purpose of amending the Certificate of Trust of the Trust filed March 16, 1998 (the "Original Certificate") under the Delaware Business Trust Act, 12 Del. C. Section 3801 et. seq. The undersigned hereby certify as follows: 1. NAME. The name of the Trust is "Fleet Capital Trust VIII." 2. DELAWARE TRUSTEE. The name and business address of the trustee of the Trust

Fleet Capital Trust Ix – PREFERRED SECURITIES GUARANTEE AGREEMENT (December 9th, 1999)

1 Exhibit 4(aa) PREFERRED SECURITIES GUARANTEE AGREEMENT Fleet Capital Trust [ ] Dated as of [ ] 2 TABLE OF CONTENTS ARTICLE I DEFINITIONS AND INTERPRETATIONS SECTION 1.1 Definitions and Interpretation 1 ARTICLE II TRUST INDENTURE ACT SECTION 2.1 Trust Indenture Act; Application 4 SECTION 2.2 Lists of Holders of Securities 4 SECTION 2.3 Reports by the Preferred Guarantee Trustee 4 SECTION 2.4 Periodic Reports to Preferred Guarantee Trustee 4 SECTION 2.5 Evidence of Compliance with Conditions Precedent

Fleet Capital Trust Ix – UNIVERSAL WARRANT AGREEMENT (December 9th, 1999)

1 Exhibit 4(d) FLEET BOSTON CORPORATION and [Name of Warrant Agent], Warrant Agent UNIVERSAL WARRANT AGREEMENT dated as of [ ] 2 TABLE OF CONTENTS ARTICLE 1. UNIVERSAL WARRANTS 1 SECTION 1.01. RANKING. 1 SECTION 1.02. FORM, EXECUTION AND DELIVERY OF WARRANT CERTIFICATES 1 SECTION 1.03. NUMBER UNLIMITED; ISSUABLE IN SERIES 3 SECTION 1.04. COUNTERSIGNATURE AND DELIVERY OF WARRANT CERTIFICATES 4 SECTION 1.05. PLACE OF EXERCISE; REGISTRATION OF TRANSFERS AND EXCHANGES 6 SECTION 1.06. MUTILATED OR MISSING WARRANT CERTIFICATES 9 SECTION

Fleet Capital Trust Ix – FIRST AMENDMENT TO DECLARATION OF TRUST (December 9th, 1999)

1 Exhibit 4(u)(ii) FIRST AMENDMENT TO DECLARATION OF TRUST OF FLEET CAPITAL TRUST VII Dated as of October 21, 1999 2 FIRST AMENDMENT TO DECLARATION OF TRUST OF FLEET CAPITAL TRUST VII October 21, 1999 THIS FIRST AMENDMENT TO DECLARATION OF TRUST is made as of the 21st day of October, 1999 by and among Fleet Boston Corporation (the "Sponsor"), The Bank of New York (Delaware) (the "Delaware Trustee") and Eugene M. McQuade, Douglas L. Jacobs and John R. Rodehorst (the "Regular Trustees"). W I T N E S S E T H T H A T: WHEREAS, the Sponsor, the Regular Trustees and First Chicago Delaware Inc. (the "Original Delaware Trustee")

Fleet Capital Trust Ix – THE SENIOR NOTES ARE NOT SAVINGS ACCOUNTS, DEPOSITS OR OTHER OBLIGATIONS OF ANY (December 9th, 1999)

1 EXHIBIT 4(g) Unless this certificate is presented by an authorized representative of The Depository Trust Company, a New York corporation ("DTC"), to Issuer or its agent for registration of transfer, exchange, or payment, and any certificate issued is registered in the name of Cede & Co. or in such other name as is requested by an authorized representative of DTC (and any payment is made to Cede & Co. or to such other entity as is requested by an authorized representative of DTC), ANY TRANSFER, PLEDGE, OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL inasmuch as the registered owner hereof, Cede & Co., has an interest herein. THE SENIOR NOTES ARE NOT SAVINGS ACCOUNTS, DEPOSITS OR OTHER OBLIGATIONS OF ANY BANK OR NONBANK SUBSIDIARY OF FLEET BOSTON CORPORATION AND ARE NOT INSURED BY THE FEDERAL DEPOSIT INSURANCE CORPORATION, BANK INSURANCE FUND OR ANY OTHER GOVERNMENT AGENCY. REGISTER

Fleet Capital Trust Ix – INDENTURE (September 23rd, 1998)

Exhibit 4(t) FLEET FINANCIAL GROUP, INC. INDENTURE DATED AS OF [] THE FIRST NATIONAL BANK OF CHICAGO AS TRUSTEE JUNIOR SUBORDINATED DEBENTURES TIE-SHEET of provisions of the Trust Indenture Act with Indenture dated as of [] between Fleet Financial Group, Inc. and The First National Bank of Chicago, Trustee: ACT SECTION INDENTURE SECTION 310(a)(1) 6.09 310(a)(2) 6.09 310(a)(3) N/A 310(a)(4)