AMENDED AND RESTATED TRUST AGREEMENT of Wells Fargo Capital among Wells Fargo & Company, as Depositor, The Bank of New York Trust Company, N.A., as Property Trustee, BNYM (Delaware), as Delaware Trustee, the Administrative Trustees (as named herein),...Trust Agreement • May 12th, 2008 • Wells Fargo Capital XVIII • National commercial banks • Delaware
This AMENDED AND RESTATED TRUST AGREEMENT, dated as of , among (i) WELLS FARGO & COMPANY, a Delaware corporation (including any successors or assigns, the “Depositor”), (ii) THE BANK OF NEW YORK TRUST COMPANY, N.A., a national banking association organized and existing under the laws of the United States, as property trustee (in such capacity, the “Property Trustee”), (iii) BNYM (DELAWARE), a Delaware banking corporation (the “Delaware Trustee”), (iv) Paul R. Ackerman, an individual, and Barbara S. Brett, an individual, each of whose address is c/o Wells Fargo & Company, 420 Montgomery Street, San Francisco, California 94163 (each, an “Administrative Trustee,” and together, the “Administrative Trustees”) (the Property Trustee, the Delaware Trustee and the Administrative Trustees being referred to collectively as the “Issuer Trustees”), and (v) the several Holders, as hereinafter defined.
GUARANTEE AGREEMENT by and between WELLS FARGO & COMPANY as Guarantor and THE BANK OF NEW YORK TRUST COMPANY, N.A. as Guarantee Trustee relating to WELLS FARGO CAPITAL Dated as ofGuarantee Agreement • May 12th, 2008 • Wells Fargo Capital XVIII • National commercial banks • New York
This GUARANTEE AGREEMENT, dated as of , is executed and delivered by WELLS FARGO & COMPANY, a Delaware corporation (the “Guarantor”), having its principal office at 420 Montgomery Street, San Francisco, California 94163, and THE BANK OF NEW YORK TRUST COMPANY, N.A., a national banking association organized and existing under the laws of the United States, as trustee (the “Guarantee Trustee”), for the benefit of the Holders (as defined herein) from time to time of the Trust Preferred Securities of Wells Fargo Capital , a Delaware statutory trust (the “Issuer Trust”).
DECLARATION OF TRUST AND TRUST AGREEMENTTrust Agreement • May 12th, 2008 • Wells Fargo Capital XVIII • National commercial banks • Delaware
This DECLARATION OF TRUST AND TRUST AGREEMENT, dated as of March 14, 2008 (this “Trust Agreement”), among (i) Wells Fargo & Company, a Delaware corporation (the “Depositor”); (ii) Wilmington Trust Company, a Delaware banking corporation, as Delaware trustee; and (iii) Paul R. Ackerman and Barbara S. Brett, each an individual, as trustees (each of such trustees in (ii) and (iii) a “Trustee” and collectively, the “Trustees”). The Depositor and the Trustees hereby agree as follows:
