SECURITY AGREEMENT By and among FIRST-CITIZENS BANK & TRUST COMPANY, as Company and a Debtor, EACH OTHER DEBTOR OR GRANTOR FROM TIME TO TIME PARTY HERETO, FEDERAL DEPOSIT INSURANCE CORPORATION, AS RECEIVER FOR SILICON VALLEY BRIDGE BANK, NATIONAL...Security Agreement • November 27th, 2023 • First Citizens Bancshares Inc /De/ • State commercial banks
THIS SECURITY AGREEMENT, effective as of the 27th day of March, 2023 (this “Agreement”), is entered into by and among: (i) FIRST-CITIZENS BANK & TRUST COMPANY, a North Carolina state-chartered bank (the “Company” ); (ii) each of the other entities (if any) listed on the signature pages hereof under the caption “Debtor”, or that becomes a party hereto as a “Debtor” pursuant to Section 7.12 (together with the Company, collectively, the “Debtors”); (iii) each of the other entities that becomes a party hereto as a “Grantor” pursuant to Section 7.12 (together with the Debtors, the “Grantors”); (iv) the FEDERAL DEPOSIT INSURANCE CORPORATION (the “FDIC”), as receiver for SILICON VALLEY BRIDGE BANK, NATIONAL ASSOCIATION (the “Failed Bank”) (the FDIC, in such capacity, the “Receiver”); (v) the Receiver, as Notes Designee (in such capacity, the “Notes Designee”) and (vi) the Receiver, as Collateral Agent (in such capacity, the “Collateral Agent”).
AMENDED AND RESTATED INITIAL PURCHASE MONEY NOTEInitial Purchase Money Note • November 27th, 2023 • First Citizens Bancshares Inc /De/ • State commercial banks
PRINCIPAL OF, AND INTEREST ON, THIS PURCHASE MONEY NOTE IS PAYABLE PERIODICALLY AS SET FORTH HEREIN AND IN THE CUSTODIAL AND PAYING AGENCY AGREEMENT. ACCORDINGLY, THE OUTSTANDING PRINCIPAL OF THIS PURCHASE MONEY NOTE AT ANY TIME MAY BE LESS THAN THE AMOUNT SHOWN ON THE FACE HEREOF, AND ACCRUED INTEREST HEREON MAY HAVE BEEN PAID TO THE MOST RECENT DISTRIBUTION DATE. ANY PERSON ACQUIRING THIS PURCHASE MONEY NOTE MAY ASCERTAIN ITS CURRENT PRINCIPAL AMOUNT, AND THE DATE TO WHICH ACCRUED INTEREST HEREON HAS BEEN PAID, BY INQUIRY OF THE PAYING AGENT.
CUSTODIAL AND PAYING AGENCY AGREEMENT by and among FIRST-CITIZENS BANK & TRUST COMPANY, as Company, Custodian and a Debtor, FEDERAL DEPOSIT INSURANCE CORPORATION, as Receiver for Silicon Valley Bridge Bank, National Association, as Notes Designee,...Custodial and Paying Agency Agreement • November 27th, 2023 • First Citizens Bancshares Inc /De/ • State commercial banks • New York
THIS CUSTODIAL AND PAYING AGENCY AGREEMENT (as the same may be amended, modified or supplemented in accordance with the terms hereof, this “Agreement”) is made and entered into as of March 27, 2023 (the “Closing Date”), by and among: (i) First-Citizens Bank & Trust Company, a North Carolina state-chartered bank (the “Company”); (ii) the Company, as Custodian (in such capacity, the “Custodian”); (iii) U.S. Bank Trust Company, National Association, as Paying Agent (the “Paying Agent”); (iv) each of the other entities (if any) listed on the signature pages hereof under the caption “Debtor”, or that becomes a party hereto as a “Debtor” pursuant to Section 7.12 of the Security Agreement (as such term is defined below) (together with the Company, collectively, “Debtors”); (v) the Federal Deposit Insurance Corporation (the “FDIC”), as receiver for Silicon Valley Bridge Bank, National Association (the “Failed Bank”) (in such capacity, the “Receiver”), as Notes Designee (as such term is defined
ADVANCE FACILITY AGREEMENT Dated as of March 27, 2023 among FIRST-CITIZENS BANK & TRUST COMPANY, as Company, and FEDERAL DEPOSIT INSURANCE CORPORATION, AS RECEIVER FOR SILICON VALLEY BRIDGE BANK, NATIONAL ASSOCIATION, as LenderAdvance Facility Agreement • November 27th, 2023 • First Citizens Bancshares Inc /De/ • State commercial banks • New York
This ADVANCE FACILITY AGREEMENT (this “Agreement”) is entered into as of March 27, 2023, among FIRST-CITIZENS BANK & TRUST COMPANY, a North Carolina state-chartered bank (the “Company”) and FEDERAL DEPOSIT INSURANCE CORPORATION (the “FDIC”), AS RECEIVER OF SILICON VALLEY BRIDGE BANK, NATIONAL ASSOCIATION (in such capacity, “Receiver”), as Lender (together with its successors and permitted assigns in such capacity, the “Lender”) and as initial Collateral Agent (together with any successor Collateral Agent appointed pursuant to the Security Agreement, the “Collateral Agent”).
