0000950152-08-000374 Sample Contracts

Form of Amended and Restated Trust Agreement Of National City Preferred Capital Trust III among National City Corporation, as Depositor, The Bank of New York Trust Company, N.A., as Property Trustee, BNYM (Delaware), as Delaware Trustee, the...
Trust Agreement • January 22nd, 2008 • National City Corp • National commercial banks • Delaware

This Amended and Restated Trust Agreement, dated as of [ ], among (i) National City Corporation, a Delaware corporation (including any successors or assigns, the "Depositor”), (ii) The Bank of New York Trust Company, N.A., a national banking association organized and existing under the laws of the United States, as property trustee (in such capacity, the “Property Trustee”), (iii) BNYM (Delaware), a Delaware banking corporation (the “Delaware Trustee”), (iv) [ ], an individual, [ ], an individual, and [ ], an individual, each of whose address is c/o National City Corporation, 1900 East Ninth Street, Cleveland, Ohio 44114 (each, an “Administrative Trustee,” and together, the “Administrative Trustees”) (the Property Trustee, the Delaware Trustee and the Administrative Trustees being referred to collectively as the “Issuer Trustees”), and (v) the several Holders, as hereinafter defined.

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TRUST AGREEMENT OF NATIONAL CITY PREFERRED CAPITAL TRUST I
Trust Agreement • January 22nd, 2008 • National City Corp • National commercial banks • Delaware

THIS TRUST AGREEMENT of National City Preferred Capital Trust I (this “Trust Agreement”) is dated as of January 8, 2008 by and between National City Corporation, a Delaware corporation, as depositor (the “Depositor”), and The Bank of New York (Delaware), a Delaware banking corporation, as trustee (the “Trustee”). The Depositor and the Trustee hereby agree as follows:

Form of Guarantee Agreement by and between NATIONAL CITY CORPORATION as Guarantor and THE BANK OF NEW YORK TRUST COMPANY, N.A. as Guarantee Trustee relating to NATIONAL CITY PREFERRED CAPITAL TRUST I Dated as of [ ]
Guarantee Agreement • January 22nd, 2008 • National City Corp • National commercial banks • New York

This Guarantee Agreement, dated as of [ ], is executed and delivered by National City Corporation, a Delaware corporation (the “Guarantor”), having its principal office at 1900 East Ninth Street, Cleveland, Ohio 44114, and The Bank of New York Trust Company, N.A., a national banking association organized and existing under the laws of the United States, as trustee (the “Guarantee Trustee”), for the benefit of the Holders (as defined herein) from time to time of the Trust Preferred Securities of National City Preferred Capital Trust I, a Delaware statutory trust (the “Issuer Trust”).

Form of Guarantee Agreement by and between NATIONAL CITY CORPORATION as Guarantor and THE BANK OF NEW YORK TRUST COMPANY, N.A. as Guarantee Trustee relating to NATIONAL CITY PREFERRED CAPITAL TRUST II Dated as of [ ]
Guarantee Agreement • January 22nd, 2008 • National City Corp • National commercial banks • New York

This Guarantee Agreement, dated as of [ ], is executed and delivered by National City Corporation, a Delaware corporation (the “Guarantor”), having its principal office at 1900 East Ninth Street, Cleveland, Ohio 44114, and The Bank of New York Trust Company, N.A., a national banking association organized and existing under the laws of the United States, as trustee (the “Guarantee Trustee”), for the benefit of the Holders (as defined herein) from time to time of the Trust Preferred Securities of National City Preferred Capital Trust II, a Delaware statutory trust (the “Issuer Trust”).

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