Trust Agreement and Preferred Securities Certificate Sample Contracts

AMENDMENT TO AMENDED AND RESTATED TRUST AGREEMENT AND PREFERRED SECURITIES CERTIFICATE

Trust Agreement and Preferred Securities Certificate • November 9th, 2009 • Resource Capital Corp. • Real estate investment trusts • Delaware

• Contract Type
  Trust Agreement and Preferred Securities Certificate
• Filed
  November 9th, 2009
• Company
  Resource Capital Corp.
• Industry
  Real estate investment trusts
• Jurisdiction
  Delaware

THIS AMENDMENT TO AMENDED AND RESTATED TRUST AGREEMENT AND PREFERRED SECURITIES CERTIFICATE (this “Amendment”) is made this 26th day of October, 2009 to be effective as of September 30, 2009 (the “Effective Date”), by and among the following: WELLS FARGO BANK, N.A. (the “Property Trustee”); THOMAS C. ELLIOTT, an individual (“Administrative Trustee 1”), STEVEN J. KESSLER, an individual (“Administrative Trustee 2”), and MICHAEL S. YECIES, an individual (“Administrative Trustee 3,” and collectively with Administrative Trustee 1 and Administrative Trustee 2, the “Administrative Trustees”); and RESOURCE CAPITAL CORP., a Maryland corporation (the “Company”), in its capacity as the Holder of all Common Securities (the “Holder”).