AMENDED AND RESTATED TRUST AGREEMENT Among CRESCENT BANKING COMPANY as Depositor, WILMINGTON TRUST COMPANY as Property Trustee, WILMINGTON TRUST COMPANY, as Delaware Trustee, and J. Donald Boggus, Jr. Leland W. Brantley, Jr. and Bonnie B. Boling as...Trust Agreement • October 6th, 2005 • Crescent Banking Co • State commercial banks • Delaware
THIS AMENDED AND RESTATED TRUST AGREEMENT, dated as of September 30, 2005, is by and among (i) Crescent Banking Company, a Georgia corporation (including any successors or assigns, the “Depositor”), (ii) Wilmington Trust Company, a Delaware banking corporation, as property trustee (in such capacity, the “Property Trustee” and, in its separate corporate capacity and not in its capacity as Property Trustee or Delaware Trustee, the “Bank”), (iii) Wilmington Trust Company, a Delaware banking corporation, as Delaware trustee (in such capacity, the “Delaware Trustee”) (the Property Trustee and the Delaware Trustee are referred to collectively herein as the “Issuer Trustees”), (iv) the Administrators, as hereinafter defined, and (v) the several Holders, as hereinafter defined.
GUARANTEE AGREEMENT Between CRESCENT BANKING COMPANY as Guarantor, and WILMINGTON TRUST COMPANY as Guarantee Trustee, Dated as of September 30, 2005Guarantee Agreement • October 6th, 2005 • Crescent Banking Co • State commercial banks • New York
THIS GUARANTEE AGREEMENT, dated as of September 30, 2005, is executed and delivered by CRESCENT BANKING COMPANY, a Georgia corporation (the “Guarantor”), having its principal office at 7 Caring Way, Jasper, Georgia 30143, and WILMINGTON TRUST COMPANY, a Delaware banking corporation, as trustee (the “Guarantee Trustee”), for the benefit of the Holders (as defined herein) from time to time of the Capital Securities (as defined herein) of CRESCENT CAPITAL TRUST II, a Delaware statutory trust (the “Issuer Trust”).
