AMENDED AND RESTATED TRUST AGREEMENTTrust Agreement • November 16th, 2005 • Flag Financial Corp • Savings institution, federally chartered • Delaware
AMENDED AND RESTATED TRUST AGREEMENT, dated as of November 10, 2005, among (i) Flag Financial Corporation, a Georgia 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) J. Daniel Speight, an individual, Stephen W. Doughty, an individual, and J. Thomas Wiley, Jr., an individual, each of whose address is c/o Flag Financial Corporation, 3475 Piedmont Road, N.E., Suite 550, Atlanta, Georgia 30305, 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 FLAG FINANCIAL CORPORATION and WILMINGTON TRUST COMPANY, as Trustee Dated as of November 10, 2005Flag Financial Corp • November 16th, 2005 • Savings institution, federally chartered • New York
JUNIOR SUBORDINATED INDENTURE, dated as of November 10, 2005, between FLAG FINANCIAL CORPORATION, a Georgia corporation (the “Company”), and WILMINGTON TRUST COMPANY, a Delaware banking corporation, as Trustee (in such capacity, the “Trustee”).
GUARANTEE AGREEMENT between FLAG FINANCIAL CORPORATION, As Guarantor, and WILMINGTON TRUST COMPANY, As Guarantee Trustee Dated as of November 10, 2005 FLAG FINANCIAL STATUTORY TRUST IIIGuarantee Agreement • November 16th, 2005 • Flag Financial Corp • Savings institution, federally chartered • New York
GUARANTEE AGREEMENT, dated as of November 10, 2005, executed and delivered by Flag Financial Corporation, a Georgia corporation (the “Guarantor”) having its principal office at 3475 Piedmont Road, N.E., Suite 550, Atlanta, Georgia 30305, 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 Flag Financial Statutory Trust III, a Delaware statutory trust (the “Issuer”).
