AMENDED AND RESTATED TRUST AGREEMENT Among GAINSCO, INC. as Depositor, U.S. BANK NATIONAL ASSOCIATION as Property Trustee, and Glenn W. Anderson and Daniel J. Coots as Administrators Dated as of December 21, 2006Trust Agreement • April 2nd, 2007 • Gainsco Inc • Fire, marine & casualty insurance • Connecticut
THIS AMENDED AND RESTATED TRUST AGREEMENT, dated as of December 21, 2006, is by and among (i) GAINSCO, INC., a Texas corporation (including any successors or assigns, the “Depositor”), (ii) U.S. Bank National Association, a national banking association, as property trustee (in such capacity, the “Property Trustee” and, in its separate corporate capacity and not in its capacity as Property Trustee, the “Bank”), (iii) the Administrators, as hereinafter defined, and (iv) the several Holders, as hereinafter defined.
JUNIOR SUBORDINATED INDENTURE Between GAINSCO, INC. (as Company) and U.S. BANK NATIONAL ASSOCIATION (as Trustee) dated as of December 21, 2006Gainsco Inc • April 2nd, 2007 • Fire, marine & casualty insurance • New York
THIS JUNIOR SUBORDINATED INDENTURE, dated as of December 21, 2006, is between GAINSCO, INC., a Texas corporation, having its principal office at 3333 Lee Parkway, Suite 1200, Dallas, Texas 75219, and U.S. BANK NATIONAL ASSOCIATION, as Trustee, having its principal office at One Federal Street, 3rd Floor, Boston, Massachusetts 02110 (the “Trustee”).
GUARANTEE AGREEMENT Between GAINSCO, INC. as Guarantor, and U.S. BANK NATIONAL ASSOCIATION as Guarantee Trustee, Dated as of December 21, 2006Guarantee Agreement • April 2nd, 2007 • Gainsco Inc • Fire, marine & casualty insurance • New York
THIS GUARANTEE AGREEMENT, dated as of December 21, 2006, is executed and delivered by GAINSCO, INC., a Texas corporation (the “Guarantor”), having its principal office at 3333 Lee Parkway, Suite 1200, Dallas, Texas 75219, and U.S. BANK NATIONAL ASSOCIATION, a national banking association, as trustee (“U.S. Bank National Association”), for the benefit of the Holders (as defined herein) from time to time of the Capital Securities (as defined herein) of GAINSCO STATUTORY TRUST II, a Connecticut statutory trust (the “Issuer Trust”).
