Bank One Capital Vi Sample Contracts

Bank One Capital Vi – AMENDED AND RESTATED CERTIFICATE OF TRUST OF BANK ONE CAPITAL VI (July 1st, 2004)

THIS Amended and Restated Certificate of Trust of BANK ONE Capital VI (the “Trust”) is being duly executed and filed by the undersigned, as trustee, to amend and restate the original Certificate of Trust of the Trust (the “Certificate of Trust”), which was filed with the Secretary of State of the State of Delaware on September 27, 2000, under the Delaware Statutory Trust Act (12 Del. C. § 3801, et seq.) (the “Act”).

Bank One Capital Vi – INSTRUMENT OF RESIGNATION, APPOINTMENT AND ACCEPTANCE (July 1st, 2004)

This INSTRUMENT OF RESIGNATION, APPOINTMENT AND ACCEPTANCE, dated as of , 2004 (this “Instrument”), among Bank One Corporation, as the sponsor and the sole holder of common securities (the “Common Securityholder”) of each of the Delaware statutory trusts set forth on Exhibit A attached hereto (the “Trusts”), J. P. Morgan Chase & Co., a Delaware corporation, as successor to Bank One Corporation as the sponsor and the sole holder of common securities of the Trusts (the “Successor”), JPMorgan Chase Bank (as successor to The Chase Manhattan Bank), a New York banking corporation (the “Resigning Institutional Trustee”), The Bank of New York, a New York banking corporation (the “Successor Institutional Trustee”), Chase Manhattan Bank USA, National Association (formerly known as Chase Manhattan Bank Delaware), a national banking association (the “Resigning Delaware Trustee”), The Bank of New York (Delaware), a Delaware banking corporation (the “Successor Delaware Trustee”), and each of the Tru

Bank One Capital Vi – SECOND AMENDED AND RESTATED CERTIFICATE OF TRUST OF BANK ONE CAPITAL V (July 1st, 2004)

THIS Second Amended and Restated Certificate of Trust of BANK ONE Capital V (the “Trust”) is being duly executed and filed by the undersigned, as trustee, to amend and restate the original Certificate of Trust of the Trust (the “Certificate of Trust”), which was filed with the Secretary of State of the State of Delaware (the “Secretary of State”) on June 16, 1999, as amended and restated by the Amended and Restated Certificate of Trust of the Trust, which was filed with the Secretary of State on August 1, 2000, under the Delaware Statutory Trust Act (12 Del. C. § 3801, et seq.) (the “Act”).