EXHIBIT 4.3 AMENDED AND RESTATED TRUST AGREEMENTTrust Agreement • October 2nd, 2001 • First Citizens Bancshares Inc /De/ • State commercial banks • Delaware
BetweenGuarantee Agreement • October 2nd, 2001 • First Citizens Bancshares Inc /De/ • State commercial banks • New York
EXHIBIT 1.1 FCB/NC CAPITAL TRUST II A Delaware business trust 4,000,000 __% Preferred Securities ($25 Liquidation Amount per Preferred Security) UNDERWRITING AGREEMENT ----------------------Underwriting Agreement • October 2nd, 2001 • First Citizens Bancshares Inc /De/ • State commercial banks • New York
THIS TRUST AGREEMENT, dated as of August 10 , 2001, is by and between (i) ----- First Citizens BancShares, Inc., a Delaware corporation (the "Depositor"), and (ii) Bankers Trust (Delaware), a Delaware banking corporation, as Delaware trustee...Trust Agreement • August 24th, 2001 • First Citizens Bancshares Inc /De/ • State commercial banks • Delaware
AMENDED AND RESTATED TRUST AGREEMENT among FIRST CITIZENS BANCSHARES, INC., as Depositor WILMINGTON TRUST COMPANY, as Property Trustee WILMINGTON TRUST COMPANY, as Delaware Trustee and THE ADMINISTRATIVE TRUSTEES NAMED HEREIN as Administrative TrusteesTrust Agreement • August 9th, 2006 • First Citizens Bancshares Inc /De/ • State commercial banks • Delaware
AMENDED AND RESTATED TRUST AGREEMENT, dated as of May 18, 2006, among (i) First Citizens BancShares, Inc., a Delaware corporation (including any successors or permitted assigns, the “Depositor”), (ii) Wilmington Trust Company, a Delaware banking corporation, as property trustee (in such capacity, the “Property Trustee”), (iii) Wilmington Trust Company, a Delaware banking corporation, as Delaware trustee (in such capacity, the “Delaware Trustee”), (iv) Kenneth A. Black, an individual and John H. Gray, an individual, each of whose address is c/o First Citizens BancShares, Inc., 3128 Smoketree Court, Raleigh, North Carolina 27604, as administrative trustees (in such capacities, each an “Administrative Trustee” and, collectively, the “Administrative Trustees” and, together with the Property Trustee and the Delaware Trustee, the “Trustees”) and (v) the several Holders, as hereinafter defined.
TABLE OF CONTENTS ----------------- ARTICLE I DEFINITIONS AND OTHER PROVISIONSOF GENERAL APPLICATION............................. SECTION 1.1. Defi nitions........................................................................ SECTION 1.2. Compliance...First Citizens Bancshares Inc /De/ • October 2nd, 2001 • State commercial banks • New York
GUARANTEE AGREEMENT between FIRST CITIZENS BANCSHARES, INC., As Guarantor, and WILMINGTON TRUST COMPANY, As Guarantee Trustee Dated as of May 18, 2006 FCB/NC CAPITAL TRUST IIIGuarantee Agreement • August 9th, 2006 • First Citizens Bancshares Inc /De/ • State commercial banks • New York
GUARANTEE AGREEMENT, dated as of May 18, 2006, executed and delivered by FIRST CITIZENS BANCSHARES, INC., a Delaware corporation (the “Guarantor”) having its principal office at 3128 Smoketree Court, Raleigh, North Carolina 27604, and WILMINGTON TRUST COMPANY, a Delaware banking corporation, as trustee (in such capacity, the “Guarantee Trustee”), for the benefit of the Holders (as defined herein) from time to time of the Preferred Securities (as defined herein) of FCB/NC Capital Trust III, a Delaware statutory trust (the “Issuer”).
JUNIOR SUBORDINATED INDENTURE between FIRST CITIZENS BANCSHARES, INC. and WILMINGTON TRUST COMPANY, as TrusteeIndenture • August 9th, 2006 • First Citizens Bancshares Inc /De/ • State commercial banks • New York
JUNIOR SUBORDINATED INDENTURE, dated as of May 18, 2006, between FIRST CITIZENS BANCSHARES, INC., a Delaware corporation (the “Company”), and WILMINGTON TRUST COMPANY, a Delaware banking corporation, as Trustee (in such capacity, the “Trustee”).
STATE OF NORTH CAROLINA COUNTY OF WAKEBenefit Agreement • February 24th, 2021 • First Citizens Bancshares Inc /De/ • State commercial banks • North Carolina
THIS EXECUTIVE CONSULTATION, SEPARATION FROM SERVICE AND DEATH BENEFIT AGREEMENT (“Agreement”) is made and entered into this 24th day of January, 2011 by and between FIRST-CITIZENS BANK & TRUST COMPANY, a North Carolina banking corporation with its principal office in Raleigh, Wake County, North Carolina (“Company”) and JEFFERY L. WARD (“Executive”);
DEPOSIT AGREEMENT among FIRST CITIZENS BANCSHARES, INC., BROADRIDGE CORPORATE ISSUER SOLUTIONS, INC., as Depositary, and THE HOLDERS FROM TIME TO TIME OF THE DEPOSITARY RECEIPTS DESCRIBED HEREIN Dated as of March 12, 2020Deposit Agreement • March 12th, 2020 • First Citizens Bancshares Inc /De/ • State commercial banks • New York
DEPOSIT AGREEMENT dated as March 12, 2020, among (i) First Citizens BancShares, Inc., a Delaware corporation, (ii) Broadridge Corporate Issuer Solutions, Inc., a Pennsylvania corporation, and (iii) the Holders from time to time of the Receipts described herein.
PURCHASE AND ASSUMPTION AGREEMENT WHOLE BANK ALL DEPOSITS AMONG FEDERAL DEPOSIT INSURANCE CORPORATION, RECEIVER OF TEMECULA VALLEY BANK, TEMECULA, CALIFORNIA FEDERAL DEPOSIT INSURANCE CORPORATION and FIRST-CITIZENS BANK & TRUST COMPANY DATED AS OF...Purchase and Assumption Agreement • February 1st, 2010 • First Citizens Bancshares Inc /De/ • State commercial banks • New York
THIS AGREEMENT, made and entered into as of the 17th day of July, 2009, by and among the FEDERAL DEPOSIT INSURANCE CORPORATION, RECEIVER of TEMECULA VALLEY BANK, TEMECULA, CALIFORNIA (the “Receiver”), FIRST-CITIZENS BANK & TRUST COMPANY, organized under the laws of the state of North Carolina and having its principal place of business in Raleigh, North Carolina (the “Assuming Bank”), and the FEDERAL DEPOSIT INSURANCE CORPORATION, organized under the laws of the United States of America and having its principal office in Washington, D.C., acting in its corporate capacity (the “Corporation”).
FIRST CITIZENS BANCSHARES, INC. Issuer And Trustee FIRST SUPPLEMENTAL INDENTUREFirst Supplemental Indenture • March 4th, 2020 • First Citizens Bancshares Inc /De/ • State commercial banks • New York
EMPLOYEE DEATH BENEFIT AND POST-RETIREMENT NONCOMPETITION AND CONSULTATION AGREEMENT THIS AGREEMENT, made and entered into and effective as of the 22nd day of January, 1996, by and between FIRST-CITIZENS BANK & TRUST COMPANY, a North Carolina banking...And Consultation Agreement • March 17th, 2000 • First Citizens Bancshares Inc /De/ • State commercial banks • North Carolina
STOCK SALE AND PURCHASE AGREEMENTStock Sale and Purchase Agreement • December 20th, 2012 • First Citizens Bancshares Inc /De/ • State commercial banks • North Carolina
THIS STOCK SALE AND PURCHASE AGREEMENT (this “Agreement”), is dated as of December 20, 2012, and is by and among The Fidelity Bank, as trustee of the Irrevocable Trust 1990 dated January 17, 2011 (such trustee in its capacity as trustee being the “Shareholder”), acting at the direction of Carmen Holding Ames, investment manager of such trust (the “Investment Manager”), Carmen Holding Ames, as Investment Manager, and First Citizens BancShares, Inc., a Delaware corporation with its principal office in Raleigh, North Carolina (the “Corporation”).
STATE OF NORTH CAROLINA COUNTY OF WAKEAnd Death Benefit Agreement • March 15th, 2004 • First Citizens Bancshares Inc /De/ • State commercial banks • North Carolina
THIS AGREEMENT is made, entered into and effective as of the 1st day of March, 2004, by and between FIRST-CITIZENS BANK & TRUST COMPANY, a North Carolina banking corporation with its principal office in Raleigh, North Carolina (“Employer”) and JAMES B. HYLER, JR. (“Employee”);
PURCHASE AND ASSUMPTION AGREEMENT WHOLE BANK ALL DEPOSITS AMONG FEDERAL DEPOSIT INSURANCE CORPORATION, RECEIVER OF FIRST REGIONAL BANK, LOS ANGELES, CA FEDERAL DEPOSIT INSURANCE CORPORATION and FIRST-CITIZENS BANK & TRUST COMPANY RALEIGH, NORTH...Purchase and Assumption Agreement • June 9th, 2010 • First Citizens Bancshares Inc /De/ • State commercial banks • New York
THIS AGREEMENT, made and entered into as of the 29th day of January, 2010, by and among the FEDERAL DEPOSIT INSURANCE CORPORATION, RECEIVER of FIRST REGIONAL BANK (the “Receiver”), FIRST-CITIZENS BANK & TRUST COMPANY, organized under the laws of the state of North Carolina, and having its principal place of business in Raleigh, North Carolina (the “Assuming Bank”), and the FEDERAL DEPOSIT INSURANCE CORPORATION, organized under the laws of the United States of America and having its principal office in Washington, D.C., acting in its corporate capacity (the “Corporation”).
12,000,000 Depositary Shares Each Representing a 1/40th Interest in a Share ofUnderwriting Agreement • March 6th, 2020 • First Citizens Bancshares Inc /De/ • State commercial banks • New York
First Citizens BancShares, Inc., a Delaware corporation (the “Company”), proposes to (i) issue and sell to the several underwriters named in Schedule A (the “Underwriters” or “you”, which term also includes any underwriter substituted as hereinafter provided in Section 12 hereof), acting severally and not jointly, the respective number of depositary shares (the “Initial Depositary Shares”), each such depositary share representing ownership of a 1/40th interest in a share of the Company’s 5.375% Non-Cumulative Perpetual Preferred Stock, Series A, par value $0.01 per share (the “Preferred Stock”), set forth in Schedule A hereto and (ii) grant to the Underwriters, acting severally and not jointly, the option described in Section 3(b) hereof to purchase all or any part of 1,800,000 additional depositary shares (the “Option Depositary Shares” and together with the Initial Depositary Shares, the “Depositary Shares”). Shares of Preferred Stock will, when issued, be deposited by the Company ag
October 15, 2020 Ellen R. Alemany CITRelease Agreement • May 10th, 2022 • First Citizens Bancshares Inc /De/ • State commercial banks • North Carolina
STATE OF NORTH CAROLINA COUNTY OF WAKEBenefit Agreement • February 28th, 2007 • First Citizens Bancshares Inc /De/ • State commercial banks • North Carolina
THIS EMPLOYEE CONSULTATION, POST-RETIREMENT NON-COMPETITION AND DEATH BENEFIT AGREEMENT (“Agreement”) is made and entered into effective as of the 1st day of July, 2005 (“Effective Date”), by and between FIRST-CITIZENS BANK & TRUST COMPANY, a North Carolina banking corporation with its principal office in Raleigh, Wake County, North Carolina (“Employer”) and KENNETH A. BLACK (“Employee”);
FIRST-CITIZENS BANK & TRUST COMPANY LONG-TERM INCENTIVE PLAN Long-Term Incentive Plan Award AgreementAgreement • February 24th, 2021 • First Citizens Bancshares Inc /De/ • State commercial banks • North Carolina
THIS AGREEMENT (“Agreement”), made effective the ___ day of ______________, ______, between First-Citizens Bank & Trust Company (the “Company”), and ________________________, an employee of the Company or an affiliate (the “Participant”).
FIRST SUPPLEMENTAL INDENTUREFirst Supplemental Indenture • October 1st, 2014 • First Citizens Bancshares Inc /De/ • State commercial banks • New York
THIS FIRST SUPPLEMENTAL INDENTURE (this “Supplemental Indenture”) is dated as of October 1, 2014, by and between First Citizens BancShares, Inc., a Delaware corporation (“First Citizens”), and Deutsche Bank Trust Company Americas (the “Trustee”).
EMPLOYEE CONSULTATION, POST-RETIREMENT, NON-COMPETITION AND DEATH BENEFIT AGREEMENTDeath Benefit Agreement • November 8th, 2005 • First Citizens Bancshares Inc /De/ • State commercial banks • North Carolina
THIS EMPLOYEE CONSULTATION, POST-RETIREMENT NON-COMPETITION AND DEATH BENEFIT AGREEMENT (“Agreement”) is made and entered into effective as of the 1st day of July, 2005 (“Effective Date”), by and between FIRST-CITIZENS BANK & TRUST COMPANY, a North Carolina banking corporation with its principal office in Raleigh, Wake County, North Carolina (“Employer”) and FRANK B. HOLDING, JR. (“Employee”);
AGREEMENT AND PLAN OF MERGER FIRST CITIZENS BANCSHARES, INC. FIRST-CITIZENS BANK & TRUST COMPANY FC MERGER SUBSIDIARY VII, INC. and ENTEGRA FINANCIAL CORP. April 23, 2019Agreement and Plan of Merger • April 24th, 2019 • First Citizens Bancshares Inc /De/ • State commercial banks • North Carolina
STATE OF NORTH CAROLINA COUNTY OF WAKESeparation Agreement • August 10th, 2009 • First Citizens Bancshares Inc /De/ • State commercial banks • North Carolina
THIS SEPARATION AGREEMENT AND RELEASE (the “Agreement”) is made and entered into by and between FIRST-CITIZENS BANK & TRUST COMPANY, a North Carolina banking corporation with its principal place of business in Raleigh, Wake County, North Carolina (the “Bank”); and Joseph A. Cooper, Jr., a resident of Wake County, North Carolina (“Associate”);
EMPLOYEE DEATH BENEFIT AND POST-RETIREMENT NON-COMPETITION AND CONSULTATION AGREEMENTEmployee Death Benefit And • March 15th, 2004 • First Citizens Bancshares Inc /De/ • State commercial banks • North Carolina
THIS AGREEMENT, made as of the 1st day of January, 1986, by and between FIRST-CITIZENS BANK & TRUST COMPANY, a North Carolina banking corporation with its principal office in Raleigh, Wake County, North Carolina (hereinafter referred to as “Employer”); and FRANK B. HOLDING (hereinafter referred to as “Employee”);
PURCHASE AND ASSUMPTION AGREEMENTPurchase and Assumption Agreement • July 14th, 2011 • First Citizens Bancshares Inc /De/ • State commercial banks
AGREEMENT AND PLAN OF MERGER by and between FIRST CITIZENS BANCORPORATION, INC. and FIRST CITIZENS BANCSHARES, INC.Agreement and Plan of Merger • June 11th, 2014 • First Citizens Bancshares Inc /De/ • State commercial banks • Delaware
AGREEMENT AND PLAN OF MERGER, dated as of June 10, 2014 (this “Agreement”), by and between First Citizens Bancorporation, Inc., a South Carolina corporation (“South”), and First Citizens BancShares, Inc., a Delaware corporation (“North”).
STATE OF NORTH CAROLINA COUNTY OF WAKEEmployee Death Benefit And • March 14th, 2003 • First Citizens Bancshares Inc /De/ • State commercial banks
THIS FIFTH AMENDMENT OF EMPLOYEE DEATH BENEFIT AND POST-RETIREMENT NONCOMPETITION AND CONSULTATION AGREEMENT (“Fifth Amendment”), made and entered into and effective as of the 28th day of October, 2002, by and between FIRST-CITIZENS BANK & TRUST COMPANY, a North Carolina banking corporation with its principal place of business in Raleigh, Wake County, North Carolina (hereinafter referred to as “Employer”); and JAMES B. HYLER, JR. (hereinafter referred to as “Employee”);
AMENDED AND RESTATED EMPLOYEE CONSULTATION, POST-RETIREMENT NON-COMPETITION AND DEATH BENEFIT AGREEMENTCompetition and Death Benefit Agreement • November 8th, 2005 • First Citizens Bancshares Inc /De/ • State commercial banks • North Carolina
THIS EMPLOYEE CONSULTATION, POST-RETIREMENT NON-COMPETITION AND DEATH BENEFIT AGREEMENT (“Agreement”) is made and entered into effective as of the 1st day of July, 2005 (“Effective Date”), by and between FIRST-CITIZENS BANK & TRUST COMPANY, a North Carolina banking corporation with its principal office in Raleigh, Wake County, North Carolina (hereinafter referred to as “Employer”); and LEWIS R. HOLDING (hereinafter referred to as “Employee”);
STATE OF NORTH CAROLINA COUNTY OF WAKEEmployee Death Benefit And • March 14th, 2003 • First Citizens Bancshares Inc /De/ • State commercial banks
THIS SECOND AMENDMENT OF EMPLOYEE DEATH BENEFIT AND POST-RETIREMENT NONCOMPETITION AND CONSULTATION AGREEMENT (“Second Amendment”), made and entered into and effective as of the 28th day of October, 2002, by and between FIRST-CITIZENS BANK & TRUST COMPANY, a North Carolina banking corporation with its principal place of business in Raleigh, Wake County, North Carolina (hereinafter referred to as “Employer”); and JOSEPH A. COOPER, JR. (hereinafter referred to as “Employee”);
AGREEMENT AND PLAN OF MERGER by and among CIT GROUP INC., FIRST CITIZENS BANCSHARES, INC., FIRST-CITIZENS BANK & TRUST COMPANY, and FC MERGER SUBSIDIARY IX, INC. Dated October 15, 2020Agreement and Plan of Merger • October 20th, 2020 • First Citizens Bancshares Inc /De/ • State commercial banks • Delaware
AGREEMENT AND PLAN OF MERGER, dated October 15, 2020 (this “Agreement”), by and among CIT Group Inc., a Delaware corporation (“CIT”); First Citizens BancShares, Inc., a Delaware corporation (“BancShares”); First-Citizens Bank & Trust Company, a North Carolina chartered commercial bank and direct, wholly owned subsidiary of BancShares (“FCB”); and FC Merger Subsidiary IX, Inc., a Delaware corporation and a direct, wholly owned subsidiary of FCB (“Merger Sub” and, collectively with, BancShares and FCB, the “BancShares Parties” or individually, a “BancShares Party”).
SECURITY AGREEMENT By and among FIRST-CITIZENS BANK & TRUST COMPANY, as Company and a Debtor, EACH OTHER DEBTOR OR GRANTOR FROM TIME TO TIME PARTY HERETO, FEDERAL DEPOSIT INSURANCE CORPORATION, AS RECEIVER FOR SILICON VALLEY BRIDGE BANK, NATIONAL...Security Agreement • November 27th, 2023 • First Citizens Bancshares Inc /De/ • State commercial banks
THIS SECURITY AGREEMENT, effective as of the 27th day of March, 2023 (this “Agreement”), is entered into by and among: (i) FIRST-CITIZENS BANK & TRUST COMPANY, a North Carolina state-chartered bank (the “Company” ); (ii) each of the other entities (if any) listed on the signature pages hereof under the caption “Debtor”, or that becomes a party hereto as a “Debtor” pursuant to Section 7.12 (together with the Company, collectively, the “Debtors”); (iii) each of the other entities that becomes a party hereto as a “Grantor” pursuant to Section 7.12 (together with the Debtors, the “Grantors”); (iv) the FEDERAL DEPOSIT INSURANCE CORPORATION (the “FDIC”), as receiver for SILICON VALLEY BRIDGE BANK, NATIONAL ASSOCIATION (the “Failed Bank”) (the FDIC, in such capacity, the “Receiver”); (v) the Receiver, as Notes Designee (in such capacity, the “Notes Designee”) and (vi) the Receiver, as Collateral Agent (in such capacity, the “Collateral Agent”).
STATE OF NORTH CAROLINA COUNTY OF WAKEEmployee Death Benefit And • March 14th, 2003 • First Citizens Bancshares Inc /De/ • State commercial banks
THIS FIFTH AMENDMENT OF EMPLOYEE DEATH BENEFIT AND POST-RETIREMENT NONCOMPETITION AND CONSULTATION AGREEMENT (“Fifth Amendment”), made and entered into and effective as of the 28th day of October, 2002 by and between FIRST-CITIZENS BANK & TRUST COMPANY, a North Carolina banking corporation with its principal place of business in Raleigh, Wake County, North Carolina (hereinafter referred to as “Employer”); and FRANK B. HOLDING (hereinafter referred to as “Employee”);
AMENDED AND RESTATED EMPLOYEE CONSULTATION, POST-RETIREMENT NON-COMPETITION AND DEATH BENEFIT AGREEMENTNon-Competition and Death Benefit Agreement • November 8th, 2005 • First Citizens Bancshares Inc /De/ • State commercial banks • North Carolina
THIS EMPLOYEE CONSULTATION, POST-RETIREMENT NON-COMPETITION AND DEATH BENEFIT AGREEMENT (“Agreement”) is made and entered into effective as of the 1st day of July, 2005 (“Effective Date”), by and between FIRST-CITIZENS BANK & TRUST COMPANY, a North Carolina banking corporation with its principal office in Raleigh, Wake County, North Carolina (hereinafter referred to as “Employer”); and FRANK B. HOLDING (hereinafter referred to as “Employee”);
EMPLOYEE CONSULTATION, POST-RETIREMENT NON-COMPETITION AND DEATH BENEFIT AGREEMENTAnd Death Benefit Agreement • November 8th, 2005 • First Citizens Bancshares Inc /De/ • State commercial banks • North Carolina
THIS EMPLOYEE CONSULTATION, POST-RETIREMENT NON-COMPETITION AND DEATH BENEFIT AGREEMENT (“Agreement”) is made and entered into effective as of the 1st day of July, 2005 (“Effective Date”), by and between IRONSTONE BANK, a federal savings association with its principal office in Ft Myers, Florida (“Employer”) and JAMES M. PARKER (“Employee”);
