Private Bancorp Capital Trust I Sample Contracts

Private Bancorp Capital Trust I – INDENTURE (January 26th, 2001)

Exhibit 4.2 INDENTURE INDENTURE, dated as of _____________, 2001 between PRIVATEBANCORP, INC., a Delaware corporation (the "Company") and WILMINGTON TRUST COMPANY, a Delaware banking corporation duly organized and existing under the laws of the State of Delaware as trustee (the "Trustee"); RECITALS WHEREAS, for its lawful corporate purposes, the Company has duly authorized the execution and delivery of this Indenture to provide for the issuance of securities to be known as its _____% Junior Subordinated Debentures due 2030 (hereinafter referred to as the "Debentures"), the form and substance of such Debentures and the terms, provisions and conditions thereof to be set forth as provided in this Indenture; WHEREAS, PrivateBancorp Capital Trust I, a Delaware statutory business trust (the "Trust"), has offered to the public up t

Private Bancorp Capital Trust I – UNDERWRITING AGREEMENT (January 26th, 2001)

EXHIBIT 1.1 1,800,000 Preferred Securities PrivateBancorp Capital Trust I [____]% Cumulative Trust Preferred Securities (Liquidation Amount of $10 per Preferred Security) UNDERWRITING AGREEMENT ---------------------- [________], 2001 STIFEL, NICOLAUS & COMPANY, INCORPORATED as co-Representative of the Several Underwriters named in Schedule I hereto 501 North Broadway, 9/th/ Floor St. Louis, Missouri 63102 LEGG MASON WOOD WALKER, INCORPORATED as co-Representative of the Several Underwriters named in Schedule I hereto 100 Light Street, 31st Floor Baltimore, Maryland 21202 Ladies and Gentlemen: PrivateBancorp, Inc., a Delaware corporation (the "Company") and its financing subsidiary, PrivateBancor

Private Bancorp Capital Trust I – EMPLOYMENT AGREEMENT (January 26th, 2001)

Exhibit 10.17 EMPLOYMENT AGREEMENT -------------------- THIS AGREEMENT, made and entered into as of July 27, 2000 (the "Effective Date"), by and between PrivateBancorp, Inc. (hereinafter called the "Employer"), and Richard C. Jensen (hereinafter called the "Executive"). W I T N E S S E T H T H A T: - - - - - - - - - - - - - - WHEREAS, the Employer desires to employ or to continue to employ the Executive as its Chairman and Chief Executive Officer of The PrivateBank, St. Louis, Missouri and the Executive desires to continue in such employment; NOW, THEREFORE, the Employer and the Executive, each intending to be legally bound, hereby mutually covenant and agree as follows: 1. Employment and Term. ------------------- (a) Employment. The Employer shall employ

Private Bancorp Capital Trust I – TRUST AGREEMENT (December 22nd, 2000)

Exhibit 4.6 ________________________________________________________________________________ PRIVATEBANCORP CAPITAL TRUST I AMENDED AND RESTATED TRUST AGREEMENT among PRIVATEBANCORP, INC., as Depositor, WILMINGTON TRUST COMPANY, as Property Trustee, WILMINGTON TRUST COMPANY, as Delaware Trustee, and THE ADMINISTRATIVE TRUSTEES NAMED HEREIN Dated as of ________________, 2001 ________________________________________________________________________________ TABLE OF CONTENTS PAGE

Private Bancorp Capital Trust I – PREFERRED SECURITIES GUARANTEE AGREEMENT (December 22nd, 2000)

Exhibit 4.8 ================================================================================ PREFERRED SECURITIES GUARANTEE AGREEMENT by and between PRIVATEBANCORP, INC. and WILMINGTON TRUST COMPANY Dated as of ____________, 2001 ================================================================================ TABLE OF CONTENTS Page No. ARTICLE I DEFINITIONS AND INTERPRETATION............................................................. 1 Section 1.1 Definitions and Interpretation.....................

Private Bancorp Capital Trust I – TRUST AGREEMENT (December 22nd, 2000)

EXHIBIT 4.5 TRUST AGREEMENT This TRUST AGREEMENT, dated as of December 19, 2000 (this "Trust Agreement"), among (i) PrivateBancorp, Inc., a Delaware corporation (the "Depositor"), (ii) Wilmington Trust Company, a Delaware banking corporation, as trustee, and (iii) Ralph B. Mandell, Gary L. Svec, and Lisa M. O'Neill, each an individual, as trustees (each of such trustees in (ii) and (iii) a "Trustee" and collectively, the "Trustees"). The Depositor and the Trustees hereby agree as follows: 1. The trust created hereby (the "Trust") shall be known as "PrivateBancorp Capital Trust I" in which name the Trustees, or the Depositor to the extent provided herein, may engage in the transactions contemplated hereby, make and execute contracts, and sue and be sued. 2. The Depositor hereby assigns, transfers, conveys and sets over to the Trustees the sum of Ten Dollars ($1

Private Bancorp Capital Trust I – STATEMENT OF ELIGIBILITY UNDER THE TRUST INDENTURE ACT OF 1939 (December 22nd, 2000)

Registration No.: ================================================================================ SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM T-1 STATEMENT OF ELIGIBILITY UNDER THE TRUST INDENTURE ACT OF 1939 OF A CORPORATION DESIGNATED TO ACT AS TRUSTEE CHECK IF AN APPLICATION TO DETERMINE ELIGIBILITY OF A TRUSTEE PURSUANT TO SECTION 305(b)(2)______ WILMINGTON TRUST COMPANY (Exact name of trustee as specified in its charter) Delaware 51-0055023 (State of incorporation) (I.R.S. employer identification no.) Rodney Square North 1100 North Market Street Wilmington, Delaware 19890 (Address of principal executive

Private Bancorp Capital Trust I – STATEMENT OF ELIGIBILITY UNDER THE TRUST INDENTURE ACT OF 1939 (December 22nd, 2000)

Registration No.: ================================================================================ SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM T-1 STATEMENT OF ELIGIBILITY UNDER THE TRUST INDENTURE ACT OF 1939 OF A CORPORATION DESIGNATED TO ACT AS TRUSTEE CHECK IF AN APPLICATION TO DETERMINE ELIGIBILITY OF A TRUSTEE PURSUANT TO SECTION 305(b)(2)______ WILMINGTON TRUST COMPANY (Exact name of trustee as specified in its charter) Delaware 51-0055023 (State of incorporation) (I.R.S. employer identification no.) Rodney Square North 1100 North Market Street Wilmington, Delaware 19890 (Address of principal executive

Private Bancorp Capital Trust I – STATEMENT OF ELIGIBILITY UNDER THE TRUST INDENTURE ACT OF 1939 (December 22nd, 2000)

Registration No.: ================================================================================ SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM T-1 STATEMENT OF ELIGIBILITY UNDER THE TRUST INDENTURE ACT OF 1939 OF A CORPORATION DESIGNATED TO ACT AS TRUSTEE CHECK IF AN APPLICATION TO DETERMINE ELIGIBILITY OF A TRUSTEE PURSUANT TO SECTION 305(b)(2)______ WILMINGTON TRUST COMPANY (Exact name of trustee as specified in its charter) Delaware 51-0055023 (State of incorporation) (I.R.S. employer identification no.) Rodney Square North 1100 North Market Street Wilmington, Delaware 19890 (Address of principal executi