0000893220-09-000048 Sample Contracts

Form of AMENDED AND RESTATED TRUST AGREEMENT among WILMINGTON TRUST CORPORATION, as Sponsor WELLS FARGO BANK, NATIONAL ASSOCIATION, as Property Trustee WELLS FARGO DELAWARE TRUST COMPANY, as Delaware Trustee the Administrators named herein and the...
Trust Agreement • January 12th, 2009 • Wilmington Trust Capital A • State commercial banks • Delaware

This Cross-Reference Table does not constitute part of the Agreement and shall not have any bearing upon the interpretation of any of its terms or provisions.

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TRUST AGREEMENT OF WILMINGTON TRUST CAPITAL A
Trust Agreement • January 12th, 2009 • Wilmington Trust Capital A • State commercial banks • Delaware

THIS TRUST AGREEMENT, dated as of December 5, 2008, between Wilmington Trust Corporation (“Sponsor”), Wells Fargo Delaware Trust Company, a Delaware limited purpose trust company (“Delaware Trustee”), and David R. Gibson and Gerard A. Chamberlain (“Administrators”). The Sponsor and the Delaware Trustee hereby agree as follows:

FORM OF GUARANTEE AGREEMENT by and between WILMINGTON TRUST CORPORATION as Guarantor and WELLS FARGO BANK, NATIONAL ASSOCIATION as Guarantee Trustee relating to WILMINGTON TRUST CAPITAL A Dated as of
Guarantee Agreement • January 12th, 2009 • Wilmington Trust Capital A • State commercial banks • New York

GUARANTEE AGREEMENT, dated as of , between Wilmington Trust Corporation, a Delaware corporation (the “Guarantor”), having its principal office at Rodney Square North, 1100 North Market Street, Wilmington, Delaware 19890, and Wells Fargo Bank, National Association, a national banking association, as trustee (in that capacity, the “Guarantee Trustee” and, in its separate corporate capacity and not in its capacity as Guarantee Trustee, “Wells Fargo”), for the benefit of the Holders (as defined herein) from time to time of the Preferred Securities (as defined herein) of Wilmington Trust Capital A, a Delaware statutory trust (the “Issuer Trust”).

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