AMENDED AND RESTATED TRUST AGREEMENT among Silicon Valley Bancshares, as Depositor, Wilmington Trust Company, as Property Trustee, Wilmington Trust Company, as Delaware Trustee, and The Administrative Trustees Named HereinTrust Agreement • November 19th, 2003 • Silicon Valley Bancshares • State commercial banks • Delaware
AMENDED AND RESTATED TRUST AGREEMENT (this “Trust Agreement”), dated as of October 30, 2003, among (i) Silicon Valley Bancshares, a Delaware corporation (including any successors or assigns, the “Depositor”), (ii) Wilmington Trust Company, as property trustee, (in such capacity, the “Property Trustee” and, in its separate corporate capacity and not in its capacity as Property Trustee, the “Bank”), (iii) Wilmington Trust Company, as Delaware trustee (the “Delaware Trustee”), (iv) Marc Verissimo, an individual, Paulette Mehas, an individual, and Donal D. Delaney, an individual, each of whose address is c/o Silicon Valley Bancshares, 3003 Tasman Drive, Santa Clara, California, 95054 (each an “Administrative Trustee” and collectively the “Administrative Trustees”) (the Property Trustee, the Delaware Trustee and the Administrative Trustees are referred to collectively herein as the “Trustees”) and (v) the several Holders, as hereinafter defined.
GUARANTEE AGREEMENT Between SILICON VALLEY BANCSHARES (as Guarantor) and WILMINGTON TRUST COMPANY (as Trustee) dated as of October 30, 2003Guarantee Agreement • November 19th, 2003 • Silicon Valley Bancshares • State commercial banks • California
This GUARANTEE AGREEMENT, dated as of October 30, 2003, is executed and delivered by SILICON VALLEY BANCSHARES, a Delaware corporation (the “Guarantor”) having its principal office at 3003 Tasman Drive, Santa Clara, California, 95054, and Wilmington Trust Company, as trustee (the “Guarantee Trustee”), for the benefit of the Holders from time to time of the Preferred Securities (as defined herein) of SVB CAPITAL II, a Delaware statutory trust (the “Trust”).
AGREEMENT AS TO EXPENSES AND LIABILITIESExpenses and Liabilities • November 19th, 2003 • Silicon Valley Bancshares • State commercial banks • California
THIS AGREEMENT AS TO EXPENSES AND LIABILITIES (this “Agreement”) dated as of October 30, 2003, between Silicon Valley Bancshares, a Delaware corporation (the “Company”) and SVB Capital II, a Delaware statutory trust (the “Trust”).
