FORM OF] TRUST PREFERRED SECURITIES SUBORDINATED GUARANTEE AGREEMENT DEUTSCHE BANK AKTIENGESELLSCHAFT AS THE GUARANTOR DATED AS OF ______ ___, 200_Deutsche Bank Capital Funding Trust VIII • October 10th, 2006 • State commercial banks • New York
This [FORM OF] TRUST PREFERRED SECURITIES SUBORDINATED GUARANTEE AGREEMENT (this “Trust Preferred Guarantee”), dated as of ______ ___, 200___ is executed and delivered by DEUTSCHE BANK AKTIENGESELLSCHAFT, a company organized under the laws of the Federal Republic of Germany, with its principal executive office in Frankfurt am Main, Germany (together with its successors, the “Guarantor”), and THE BANK OF NEW YORK, in its capacity as Trust Preferred Guarantee Trustee (as defined herein), for the benefit of the Holders (as defined herein) from time to time of the Trust Preferred Securities (as defined herein) of Deutsche Bank Capital Funding Trust VIII, a Delaware statutory trust together with its successors, the “Trust”).
FORM OF] AMENDED AND RESTATED TRUST AGREEMENT OF DEUTSCHE BANK CAPITAL FUNDING TRUST VIII Dated as of ______ __, 200_Trust Agreement • October 10th, 2006 • Deutsche Bank Capital Funding Trust VIII • State commercial banks • Delaware
AMENDED AND RESTATED TRUST AGREEMENT (the “Agreement”) dated and effective as of ______ ___, 200_, by the Trustees (as defined herein), the Sponsor (as defined herein), the Bank (as defined herein) and the Holders (as defined herein), from time to time, of undivided beneficial interests in the Trust Estate (as defined herein) of the Trust (as defined herein) to be issued pursuant to this Agreement;
FORM OF] AMENDED AND RESTATED LIMITED LIABILITY COMPANY AGREEMENT OF DEUTSCHE BANK CAPITAL FUNDING LLC VIII Dated as of ___, 200_Limited Liability Company Agreement • October 10th, 2006 • Deutsche Bank Capital Funding Trust VIII • State commercial banks • Delaware
WHEREAS, the Bank as the organizing member has formed Deutsche Bank Capital Funding LLC VIII (the “Company”) as a limited liability company pursuant to the Delaware Limited Liability Company Act, 6 Del.C. § 18-101, et seq., as amended from time to time (the “LLC Act”) pursuant to the LLC Certificate (as defined below) filed with the office of the Secretary of State of the State of Delaware on September 22, 2006, and a Limited Liability Company Agreement of the Company dated as of September 20, 2006 (the “Initial LLC Agreement”);
LIMITED LIABILITY COMPANY AGREEMENT OF DEUTSCHE BANK CAPITAL FUNDING LLC VIIILimited Liability Company Agreement • October 10th, 2006 • Deutsche Bank Capital Funding Trust VIII • State commercial banks • Delaware
This Limited Liability Company Agreement (this “Agreement”) of Deutsche Bank Capital Funding LLC VIII is entered into by Deutsche Bank Aktiengesellschaft, a stock corporation (Aktiengesellschaft) organized under the laws of the Federal Republic of Germany (the “Member”).
TRUST AGREEMENT OF DEUTSCHE BANK CAPITAL FUNDING TRUST VIIITrust Agreement • October 10th, 2006 • Deutsche Bank Capital Funding Trust VIII • State commercial banks • Delaware
TRUST AGREEMENT of Deutsche Bank Capital Funding Trust VIII, dated as of September 22, 2006, among DEUTSCHE BANK CAPITAL FUNDING LLC VIII, a Delaware limited liability company (the “Sponsor”), and THE BANK OF NEW YORK, a New York banking corporation (the “Property Trustee”), and DEUTSCHE BANK TRUST COMPANY DELAWARE, a Delaware banking corporation (the “Delaware Trustee”), as trustees (together with such other trustees as the Sponsor may, from time to time, appoint hereunder, the “Trustees”). The Sponsor and the Trustees hereby agree as follows:
DEUTSCHE BANK CAPITAL FUNDING TRUST VIII (a Delaware statutory trust) Noncumulative Trust Preferred Securities PURCHASE AGREEMENTPurchase Agreement • October 12th, 2006 • Deutsche Bank Capital Funding Trust VIII • State commercial banks • New York
FORM OF] COMPANY PREFERRED SECURITIES SUBORDINATED GUARANTEE AGREEMENT DEUTSCHE BANK AKTIENGESELLSCHAFT AS THE GUARANTOR DATED AS OF __, 200_Deutsche Bank Capital Funding Trust VIII • October 10th, 2006 • State commercial banks • New York
This [Form of] COMPANY PREFERRED SECURITIES SUBORDINATED GUARANTEE AGREEMENT (this “Company Preferred Guarantee”), dated as of ___, 200___is executed and delivered by DEUTSCHE BANK AKTIENGESELLSCHAFT, a company organized under the laws of the Federal Republic of Germany, with its principal executive office in Frankfurt am Main, Germany (together with its successors, the “Guarantor”), and THE BANK OF NEW YORK, in its capacity as Company Preferred Guarantee Trustee (as defined herein), for the benefit of the Holders (as defined herein) from time to time of the Company Preferred Securities (as defined herein) of Deutsche Bank Capital Funding LLC VIII, a Delaware limited liability company together with its successors, the “Company”).
