0001193125-04-040434 Sample Contracts

INDENTURE BY AND BETWEEN INDIAN RIVER BANKING COMPANY AND WELLS FARGO BANK, NATIONAL ASSOCIATION, AS TRUSTEE FLOATING RATE JUNIOR SUBORDINATED DEFERRABLE INTEREST DEBENTURES DUE NOVEMBER 7, 2032 EFFECTIVE AS OF SEPTEMBER 30, 2002
Indenture • March 12th, 2004 • Alabama National Bancorporation • State commercial banks • New York

THIS INDENTURE, effective as of September 30, 2002, between Indian River Banking Company, a Florida corporation (the “Company”) and Wells Fargo Bank, National Association, a national banking association with its principal place of business in the State of Delaware (the “Trustee”);

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TRUST PREFERRED SECURITIES GUARANTEE AGREEMENT BY AND BETWEEN INDIAN RIVER BANKING COMPANY AND WELLS FARGO BANK, NATIONAL ASSOCIATION EFFECTIVE AS OF SEPTEMBER 30, 2002
Trust Preferred Securities Guarantee Agreement • March 12th, 2004 • Alabama National Bancorporation • State commercial banks • New York

THIS TRUST PREFERRED SECURITIES GUARANTEE AGREEMENT (this “Trust Preferred Securities Guarantee”), effective as of September 30, 2002, is executed and delivered by Indian River Banking Company, a Florida corporation (the “Guarantor”), and Wells Fargo Bank, National Association, as trustee (the “Trust Preferred Guarantee Trustee”), for the benefit of the Holders (as defined herein) from time to time of the Trust Preferred Securities (as defined herein) of Indian River Capital Trust I, a Delaware statutory business trust (the “Trust”).

INDIAN RIVER CAPITAL TRUST I AMENDED AND RESTATED TRUST AGREEMENT AMONG INDIAN RIVER BANKING COMPANY, AS DEPOSITOR, WELLS FARGO BANK, NATIONAL ASSOCIATION, AS PROPERTY TRUSTEE, WELLS FARGO DELAWARE TRUST COMPANY, AS RESIDENT TRUSTEE, AND THE...
Trust Agreement • March 12th, 2004 • Alabama National Bancorporation • State commercial banks • Delaware

AMENDED AND RESTATED TRUST AGREEMENT, effective as of September 30, 2002, among (i) Indian River Banking Company, a Florida corporation (including any successors or assigns, the “Depositor”), (ii) Wells Fargo Bank, National Association, a national banking association with its principal place of business in the State of Delaware, as property trustee (the “Property Trustee” and, in its separate individual capacity and not in its capacity as Property Trustee, the “Bank”), (iii) Wells Fargo Delaware Trust Company with its principal place of business in the State of Delaware, as Resident Trustee (the “Resident Trustee,” and, in its separate individual capacity and not in its capacity as Resident Trustee, the “Delaware Bank”) (iv) Paul A. Beindorf, Diana L. Walker and Phillip L. Tasker, as administrative trustees (each an “Administrative Trustee” and together the “Administrative Trustees”) (the Property Trustee, the Resident Trustee and the Administrative Trustees referred to collectively as

FIRST AMENDMENT TO TRUST PREFERRED SECURITIES GUARANTEE AGREEMENT BY AND AMONG INDIAN RIVER BANKING COMPANY, WELLS FARGO BANK, NATIONAL ASSOCIATION, Trustee and ALABAMA NATIONAL BANCORPORATION Dated as of November 19, 2003 Trust Preferred Securities...
Guarantee Agreement • March 12th, 2004 • Alabama National Bancorporation • State commercial banks • New York

THIS FIRST AMENDMENT TO TRUST PREFERRED SECURITIES GUARANTEE AGREEMENT (this “Amendment”) is made as of this 19th day of November, 2003, by and among Indian River Banking Company, a Florida corporation (“IRBC” or, before the Effective Time, the “Guarantor”), as original guarantor, Alabama National BanCorporation, a Delaware corporation (“ANB” or, after the Effective Time, the “Guarantor”), as successor guarantor, and Wells Fargo Bank, National Association, a national banking association (the “Trustee”), as trustee.

FIRST AMENDMENT TO AMENDED AND RESTATED TRUST AGREEMENT BY AND AMONG INDIAN RIVER BANKING COMPANY, as Depositor, WELLS FARGO BANK, NATIONAL ASSOCIATION, as Property Trustee, WELLS FARGO DELAWARE TRUST COMPANY, as Resident Trustee, THE ADMINISTRATIVE...
Trust Agreement • March 12th, 2004 • Alabama National Bancorporation • State commercial banks • Delaware

THIS FIRST AMENDMENT TO AMENDED AND RESTATED TRUST AGREEMENT (this “Amendment”) is made as of this 19th day of November 2003, by and among Indian River Banking Company, a Florida corporation (“IRBC” or, before the Effective Time, the “Depositor”), as original depositor, Alabama National BanCorporation, a Delaware corporation (“ANB” or, after the Effective Time, the “Depositor”), as successor depositor, Wells Fargo Bank, National Association, a national banking association (the “Property Trustee”), as property trustee, Wells Fargo Delaware Trust Company (the “Resident Trustee”), as resident trustee, Paul A. Beindorf, Diana L. Walker and Phillip L. Tasker (each an “Administrative Trustee” and together the “Administrative Trustees”), as administrative trustees (the Property Trustee, the Resident Trustee and the Administrative Trustees referred to collectively as the “Trustees”).

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