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 • March 16th, 2005 • Commercial Capital Bancorp Inc • Savings institution, federally chartered • Delaware
AMENDED AND RESTATED TRUST AGREEMENT, dated as of February 2, 2005, 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., 8105 Irvine Center Drive, Suite 1500, 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.
GUARANTEE AGREEMENT between COMMERCIAL CAPITAL BANCORP, INC., As Guarantor, and DEUTSCHE BANK TRUST COMPANY AMERICAS, As Guarantee Trustee Dated as of February 2, 2005 CCB CAPITAL TRUST IXGuarantee Agreement • March 16th, 2005 • Commercial Capital Bancorp Inc • Savings institution, federally chartered • New York
GUARANTEE AGREEMENT, dated as of February 2, 2005, executed and delivered by COMMERCIAL CAPITAL BANCORP, INC., a Nevada corporation (the “Guarantor”) having its principal office at 8105 Irvine Center Drive, Suite 1500, 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 IX, a Delaware statutory trust (the “Issuer”).
JUNIOR SUBORDINATED INDENTURE between COMMERCIAL CAPITAL BANCORP, INC. and DEUTSCHE BANK TRUST COMPANY AMERICAS, as TrusteeIndenture • March 16th, 2005 • Commercial Capital Bancorp Inc • Savings institution, federally chartered • New York
JUNIOR SUBORDINATED INDENTURE, dated as of February 2, 2005, 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”).
