AMENDED AND RESTATED TRUST AGREEMENT among NORTH STATE BANCORP, as Depositor WELLS FARGO BANK, N.A. as Property Trustee WELLS FARGO DELAWARE TRUST COMPANY, as Delaware Trustee and THE ADMINISTRATIVE TRUSTEES NAMED HEREIN as Administrative TrusteesTrust Agreement • November 30th, 2007 • North State Bancorp • State commercial banks • Delaware
AMENDED AND RESTATED TRUST AGREEMENT, dated as of November 28, 2007, among (i) North State Bancorp, a North Carolina corporation (including any successors or permitted assigns, the “Depositor”), (ii) Wells Fargo Bank, N.A., a national banking association, as property trustee (in such capacity, the “Property Trustee”), (iii) Wells Fargo Delaware Trust Company, a Delaware banking corporation, as Delaware trustee (in such capacity, the “Delaware Trustee”), (iv) Kirk Whorf, an individual, David Shipp, an individual, and Sandra Temple, an individual, each of whose address is c/o North State Bancorp, 4270 the Circle at North Hills, Raleigh, North Carolina 27609, 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 NORTH STATE BANCORP, As Guarantor, and WELLS FARGO BANK, N.A., As Guarantee Trustee Dated as of November 28, 2007 NORTH STATE STATUTORY TRUST IIIGuarantee Agreement • November 30th, 2007 • North State Bancorp • State commercial banks • New York
GUARANTEE AGREEMENT, dated as of November 28, 2007, executed and delivered by NORTH STATE BANCORP, a North Carolina corporation (the “Guarantor”) having its principal office at 4270 The Circle at North Hills, Raleigh, North Carolina 27609, and WELLS FARGO BANK, N.A., a national banking association, 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 North State Statutory Trust III, a Delaware statutory trust (the “Issuer”).
JUNIOR SUBORDINATED INDENTURE between NORTH STATE BANCORP and WELLS FARGO BANK, N.A., as Trustee Dated as of November 28, 2007Indenture • November 30th, 2007 • North State Bancorp • State commercial banks • New York
JUNIOR SUBORDINATED INDENTURE, dated as of November 28, 2007, between NORTH STATE BANCORP, a North Carolina corporation (the “Company”), and WELLS FARGO BANK, N.A., a national banking association, as Trustee (in such capacity, the “Trustee”).
