0001193125-04-083377 Sample Contracts

AMENDED AND RESTATED TRUST AGREEMENT among COMMERCIAL CAPITAL BANCORP, INC., as Depositor DEUTSCHE BANK TRUST COMPANY AMERICAS, as Property Trustee DEUTSCHE BANK TRUST COMPANY DELAWARE, as Delaware Trustee and THE ADMINISTRATIVE TRUSTEES NAMED HEREIN...
Trust Agreement • May 10th, 2004 • Commercial Capital Bancorp Inc • Savings institution, federally chartered • New York

AMENDED AND RESTATED TRUST AGREEMENT, dated as of March 31, 2004, among (i) Commercial Capital Bancorp, Inc., a Nevada corporation (including any successors or permitted assigns, the “Depositor”), (ii) Deutsche Bank Trust Company Americas, a New York banking corporation, as property trustee (in such capacity, the “Property Trustee”), (iii) Deutsche Bank Trust Company Delaware, a Delaware banking corporation, as Delaware trustee (in such capacity, the “Delaware Trustee”), (iv) Stephen H. Gordon, an individual, David S. DePillo, an individual, and Christopher G. Hagerty, an individual, each of whose address is c/o Commercial Capital Bancorp, Inc., One Venture, Third Floor, Irvine, CA 92618, 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.

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GUARANTEE AGREEMENT between COMMERCIAL CAPITAL BANCORP, INC., As Guarantor, and DEUTSCHE BANK TRUST COMPANY AMERICAS, As Guarantee Trustee Dated as of March 31, 2004 CCB CAPITAL TRUST VI
Guarantee Agreement • May 10th, 2004 • Commercial Capital Bancorp Inc • Savings institution, federally chartered • New York

GUARANTEE AGREEMENT, dated as of March 31, 2004, executed and delivered by COMMERCIAL CAPITAL BANCORP, INC., a Nevada corporation (the “Guarantor”) having its principal office at One Venture, Third Floor, Irvine, CA 92618, and DEUTSCHE BANK TRUST COMPANY AMERICAS, a New York 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 CCB Capital Trust VI, a Delaware statutory trust (the “Issuer”).

JUNIOR SUBORDINATED INDENTURE between COMMERCIAL CAPITAL BANCORP, INC. and DEUTSCHE BANK TRUST COMPANY AMERICAS, as Trustee
Indenture • May 10th, 2004 • Commercial Capital Bancorp Inc • Savings institution, federally chartered • New York

JUNIOR SUBORDINATED INDENTURE, dated as of March 31, 2004, between COMMERCIAL CAPITAL BANCORP, INC., a Nevada corporation (the “Company”), and DEUTSCHE BANK TRUST COMPANY AMERICAS, a New York banking corporation, as Trustee (in such capacity, the “Trustee”).

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