AMENDED AND RESTATED TRUST AGREEMENT among HORIZON BANCORP, as Depositor WILMINGTON TRUST COMPANY, as Property Trustee WILMINGTON TRUST COMPANY, as Delaware Trustee and THE ADMINISTRATIVE TRUSTEES NAMED HEREIN as Administrative Trustees Dated as of...Trust Agreement • December 21st, 2006 • Horizon Bancorp /In/ • State commercial banks • Delaware
AMENDED AND RESTATED TRUST AGREEMENT, dated as of December 15, 2006, among (i) Horizon Bancorp, an Indiana 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) Craig M. Dwight, an individual, Thomas H. Edwards, an individual, and James H. Foglesong, an individual, each of whose address is c/o Horizon Bancorp, 515 Franklin Square, Michigan City, Indiana 46360, 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.
JUNIOR SUBORDINATED INDENTURE between HORIZON BANCORP and WILMINGTON TRUST COMPANY, as Trustee _____________________ Dated as of December 15, 2006 _____________________Horizon Bancorp /In/ • December 21st, 2006 • State commercial banks • New York
JUNIOR SUBORDINATED INDENTURE, dated as of December 15, 2006, between HORIZON BANCORP, an Indiana corporation (the “Company”), and WILMINGTON TRUST COMPANY, a Delaware banking corporation, as Trustee (in such capacity, the “Trustee”).
ContractGuarantee Agreement • December 21st, 2006 • Horizon Bancorp /In/ • State commercial banks • New York
PLACEMENT AGREEMENT AMONG HORIZON BANCORP, HORIZON BANCORP CAPITAL TRUST III AND Dated as of December 15, 2006Placement Agreement • December 21st, 2006 • Horizon Bancorp /In/ • State commercial banks • New York
Horizon Bancorp, an Indiana corporation (the “Company”), and its financing subsidiary, Horizon Bancorp Capital Trust III, a Delaware statutory trust (the “Trust,” and hereinafter together with the Company, the “Offerors”), hereby confirm their agreement (this “Agreement”) with you (the “Placement Agent”), as follows:
