ITLA CAPITAL CORPORATION, AND [DEPOSITORY BANK] As Depository AND HOLDERS OF DEPOSITORY RECEIPTS DEPOSIT AGREEMENT Dated as of __________, 20__Deposit Agreement • December 24th, 2002 • Itla Capital Corp • Savings institutions, not federally chartered • New York
DEPOSIT AGREEMENT, dated as of ______________, 20__, among ITLA Capital Corporation, a Delaware corporation, [DEPOSITARY BANK], a banking corporation, as Depositary, and all holders from time to time of Receipts issued hereunder.
ITLA Capital Corporation and Warrant Agent WARRANT AGREEMENT Providing for the Issuance of ____________________ Warrants Dated as of _______________________, 20___Warrant Agreement • December 24th, 2002 • Itla Capital Corp • Savings institutions, not federally chartered • New York
THIS WARRANT AGREEMENT is entered into as of, 20__ between ITLA Capital Corporation, a corporation incorporated under the laws of the State of Delaware (the "Company") and _____________________, a ________ incorporated under the laws of ____________ (the "Agent").
Page ARTICLE I. DEFINITIONS AND INTERPRETATION 1 Section 1.1. Definitions and Interpretation 1 ARTICLE II. TRUST INDENTURE ACT 5 Section 2.1. Trust Indenture Act; Application 5 Section 2.2. The List of Holders of the Securities 5 Section 2.3. Reports...Preferred Securities Guarantee Agreement • December 24th, 2002 • Itla Capital Corp • Savings institutions, not federally chartered • New York
This PREFERRED SECURITIES GUARANTEE AGREEMENT (this "Preferred Securities Guarantee"), dated as of ______ __, 20__, is executed and delivered by ITLA CAPITAL CORPORATION, a Delaware corporation (the "Guarantor"), and WELLS FARGO BANK, N.A., a national banking association organized and existing under the laws of the United States, as trustee (the "Preferred Guarantee Trustee"), for the benefit of the Holders (as defined herein) from time to time of the Preferred Securities (as defined herein) of ITLA CAPITAL STATUTORY TRUST VII, a Delaware statutory trust (the "Trust").
ARTICLE I. DEFINITIONS 7 Section 1.1. Definitions and Terms 7 ARTICLE II. EXCHANGE OF THE DEBENTURES 15 Section 2.1. Designation and Principal Amount 15 Section 2.2. Maturity 15 Section 2.3. Form and Payment 16 Section 2.4. Interest 16 Section 2.5....Itla Capital Corp • December 24th, 2002 • Savings institutions, not federally chartered • New York
INDENTURE, dated as of ______ __, 20__, between ITLA CAPITAL CORPORATION, a Delaware corporation (the "Company"), and WELLS FARGO BANK, N.A., a national banking association duly organized and existing under the laws of the United States, as trustee (the "Trustee");
TRUST AGREEMENT OF ITLA CAPITAL STATUTORY TRUST VITrust Agreement • December 24th, 2002 • Itla Capital Corp • Savings institutions, not federally chartered • Delaware
TRUST AGREEMENT, dated as of November 25, 2002, among (i) ITLA Capital Corporation, a Delaware corporation, as sponsor (the "Sponsor"), (ii) Wells Fargo Delaware Trust Company, as trustee, and (iii) George W. Haligowski, Timothy M. Doyle and Don Nickbarg, each an individual, as trustees (each of such trustees in (ii) and (iii) a "Trustee" and collectively, the "Trustees"). The Sponsor and the Trustees hereby agree as follows:
ITLA CAPITAL CORPORATION UNDERWRITING AGREEMENT STANDARD PROVISIONS (EQUITY SECURITIES)Underwriting Agreement • December 24th, 2002 • Itla Capital Corp • Savings institutions, not federally chartered • New York
From time to time, ITLA CAPITAL CORPORATION, a Delaware corporation (the "Company"), may enter into one or more underwriting agreements that provide for the sale of designated securities to the several underwriters named therein. The standard provisions set forth herein may be incorporated by reference in any such underwriting agreement (an "Underwriting Agreement"). The Underwriting Agreement, including the provisions incorporated therein by reference, is referred to as this Agreement. Capitalized terms used but not defined herein shall have the meanings ascribed to them in the Underwriting Agreement. The Company has filed with the Securities and Exchange Commission (the "Commission") a registration statement, including a prospectus, relating to the Offered Securities and has filed with, or shall promptly hereafter file with, the Commission a prospectus supplement (the "Prospectus Supplement") specifically relating to the Offered Securities pursuant to Rule 424 or Rule 434 unde
Preferred Securities ITLA Capital Statutory Trust ____ [____]% Cumulative Trust Preferred Securities (Liquidation Amount of $[__] per Preferred Security) UNDERWRITING AGREEMENTUnderwriting Agreement • December 24th, 2002 • Itla Capital Corp • Savings institutions, not federally chartered • New York
ITLA Capital Corporation, a Delaware corporation (the "Company"), and its financing subsidiary, ITLA Capital Statutory Trust __, a Delaware statutory trust (the "Trust," and hereinafter together with the Company, the "Offerors"), propose that the Trust issue and sell to the several underwriters listed on Schedule I hereto (the "Underwriters"), pursuant to the terms of this Agreement, [_________] of the Trust's [___]% Trust Preferred Securities, with a liquidation amount of $[_____] per preferred security (the "Preferred Securities"), to be issued under the Trust Agreement (as hereinafter defined), the terms of which are more fully described in the Prospectus (as hereinafter defined). The aforementioned [__________] Preferred Securities to be sold to the Underwriters are herein called the "Firm Preferred Securities." Solely for the purpose of covering over-allotments in the sale of the Firm Preferred Securities, the Offerors further propose that the Trust issue and sell to the Underwrit
