REGISTRATION RIGHTS AGREEMENT between BOSTON PRIVATE FINANCIAL HOLDINGS, INC. BOSTON PRIVATE CAPITAL TRUST I, AS ISSUERS and MERRILL LYNCH & CO. MERRILL LYNCH, PIERCE, FENNER & SMITH INCORPORATED AND SANDLER O’NEILL & PARTNERS, L.P. AS INITIAL...Registration Rights Agreement • January 12th, 2005 • Boston Private Capital Trust I • State commercial banks • New York
REGISTRATION RIGHTS AGREEMENT, dated as of October 12, 2004, between Boston Private Financial Holdings, Inc., a Massachusetts corporation (the “Company”), and Boston Private Capital Trust I, a statutory trust formed under the Delaware Business Trust Act (the “Trust” and together with the Company, the “Issuers”), Merrill Lynch & Co., Merrill Lynch, Pierce, Fenner & Smith Incorporated (“Merrill Lynch”) and Sandler O’Neill & Partners, L.P., (collectively, the “Initial Purchasers”) for whom Merrill Lynch is acting as representative (in such capacity, the “Representative”) with respect to the sale by the Trust and the purchase by the Initial Purchasers, acting severally and not jointly, of the respective numbers of the Trust’s Preferred Securities (as defined below).
FIRST AMENDMENT TO THE GUARANTEE AGREEMENTThe Guarantee Agreement • January 12th, 2005 • Boston Private Capital Trust I • State commercial banks • New York
This First Amendment (this “Amendment”) to the Guarantee Agreement (the “Trust Securities Guarantee”) dated as of October 12, 2004, between Boston Private Financial Holdings, Inc., a Massachusetts corporation (the “Guarantor”), and SunTrust Bank, a Georgia banking corporation, as trustee (the “Trust Securities Guarantee Trustee”), for the benefit of the Holders from time to time of the Trust Preferred Securities and Trust Common Securities of Boston Private Capital Trust I, a Delaware statutory trust (the “Issuer”), dated as of November 1, 2004 is executed and delivered by the Guarantor and the Trust Securities Guarantee Trustee. Terms used herein but not otherwise herein defined shall have the meanings assigned to them in the Trust Securities Guarantee.
