Wachovia Capital Trust XIII Sample Contracts

GUARANTEE AGREEMENT by and between WACHOVIA CORPORATION as Guarantor and U.S. BANK NATIONAL ASSOCIATION, as Guarantee Trustee relating to WACHOVIA CAPITAL TRUST [ ]
Guarantee Agreement • February 7th, 2007 • Wachovia Capital Trust XIII • National commercial banks • New York

* This Cross-Reference Table does not constitute part of the Guarantee Agreement and shall not affect the interpretation of any of its terms or provisions.

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AMENDED AND RESTATED TRUST AGREEMENT among WACHOVIA CORPORATION as Sponsor U.S. BANK NATIONAL ASSOCIATION, as Property Trustee U.S. BANK TRUST NATIONAL ASSOCIATION, as Delaware Trustee and THE ADMINISTRATIVE TRUSTEES NAMED HEREIN
Trust Agreement • February 7th, 2007 • Wachovia Capital Trust XIII • National commercial banks • Delaware

AMENDED AND RESTATED TRUST AGREEMENT, dated as of , among WACHOVIA CORPORATION, a North Carolina corporation (including any successors or assigns, the “Sponsor”), U.S. BANK NATIONAL ASSOCIATION, as property trustee (in such capacity, the “Property Trustee”), U.S. BANK TRUST NATIONAL ASSOCIATION, as Delaware trustee (in such capacity, the “Delaware Trustee”), , an individual, and , an individual, each of whose address is c/o Wachovia Corporation, 301 South College Street, Charlotte, North Carolina 28288 (each an “Administrative Trustee” and collectively the “Administrative Trustees”) (the Property Trustee, the Delaware Trustee and the Administrative Trustees being referred to collectively as the “Issuer Trustees”), and the several Holders, as hereinafter defined.

TRUST AGREEMENT
Trust Agreement • February 7th, 2007 • Wachovia Capital Trust XIII • National commercial banks • Delaware

This TRUST AGREEMENT, dated as of (this “Trust Agreement”), between Wachovia Corporation, as “Depositor,” and U.S. Bank Trust National Association, a Delaware banking corporation, as the Delaware trustee (the “Trustee”). The Depositor and the Trustee hereby agree as follows:

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