AMENDED AND RESTATED TRUST AGREEMENT among BNC BANCORP, as Depositor WILMINGTON TRUST COMPANY, as Property Trustee WILMINGTON TRUST COMPANY, as Delaware Trustee and THE ADMINISTRATIVE TRUSTEES NAMED HEREIN as Administrative TrusteesTrust Agreement • September 28th, 2006 • BNC Bancorp • National commercial banks • Delaware
AMENDED AND RESTATED TRUST AGREEMENT, dated as of September 27, 2006, among (i) BNC Bancorp, a North Carolina corporation (including any successors or permitted assigns, the “Depositor”), (ii) Wilmington Trust Company, a Delaware banking corporation, as property trustee (in such capacity, the “Property Trustee”), (iii) Wilmington Trust Company, a Delaware banking corporation, as Delaware trustee (in such capacity, the “Delaware Trustee”), (iv) W. Swope Montgomery, Jr., an individual, David B. Spencer, an individual, and Drema A. Michael, an individual, each of whose address is c/o BNC Bancorp, 831 Julian Avenue, Thomasville, North Carolina 27360, 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 BNC BANCORP, As Guarantor, and WILMINGTON TRUST COMPANY, As Guarantee Trustee Dated as of September 27, 2006 BNC CAPITAL TRUST IVGuarantee Agreement • September 28th, 2006 • BNC Bancorp • National commercial banks • New York
GUARANTEE AGREEMENT, dated as of September 27, 2006, executed and delivered by BNC BANCORP, a North Carolina corporation (the “Guarantor”) having its principal office at 831 Julian Avenue, Thomasville, North Carolina 27360, and WILMINGTON TRUST COMPANY, a Delaware 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 BNC Capital Trust IV, a Delaware statutory trust (the “Issuer”).
PURCHASE AGREEMENT AMONG BNC BANCORP, BNC CAPITAL TRUST IV AND TWE, LTD.,Purchase Agreement • September 28th, 2006 • BNC Bancorp • National commercial banks • New York
THIS PURCHASE AGREEMENT, dated as of September 27, 2006, is entered into among, BNC Bancorp, a North Carolina corporation (the “Company”), BNC Capital Trust IV, a Delaware statutory trust (the “Trust,” and, together with the Company, the “Sellers”), and TWE, Ltd., an exempted company incorporated under the laws of the Cayman Islands (including any assignee thereof, the “Purchaser”).
