0000942708-05-000336 Sample Contracts

AMENDED AND RESTATED TRUST AGREEMENT among GREENVILLE FIRST BANCSHARES, INC., as Depositor WILMINGTON TRUST COMPANY, as Property Trustee WILMINGTON TRUST COMPANY, as Delaware Trustee and THE ADMINISTRATIVE TRUSTEES NAMED HEREIN as Administrative...
Trust Agreement • December 28th, 2005 • Greenville First Bancshares Inc • National commercial banks • Delaware

AMENDED AND RESTATED TRUST AGREEMENT, dated as of December 22, 2005, among (i) Greenville First Bancshares, Inc., a South Carolina corporation (including any successors or permitted assigns, the “Depositor”), (ii) Wilmington Trust Company, a Delaware banking corporation, as property trustee (in such capacity, the “Property Trustee”), (iii) Wilmington Trust Company, a Delaware banking corporation, as Delaware trustee (in such capacity, the “Delaware Trustee”), (iv) R. Arthur Seaver, Jr., an individual, James M. Austin, III, an individual, and Fred Gilmer, Jr., an individual, each of whose address is c/o Greenville First Bancshares, Inc., 112 Haywood Road, Greenville, South Carolina 29607, 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.

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GUARANTEE AGREEMENT between GREENVILLE FIRST BANCSHARES, INC., As Guarantor, and WILMINGTON TRUST COMPANY, As Guarantee Trustee Dated as of December 22, 2005 GREENVILLE STATUTORY TRUST II
Guarantee Agreement • December 28th, 2005 • Greenville First Bancshares Inc • National commercial banks • New York

GUARANTEE AGREEMENT, dated as of December 22, 2005, executed and delivered by GREENVILLE FIRST BANCSHARES, INC., a South Carolina corporation (the “Guarantor”) having its principal office at 112 Haywood Road, Greenville, South Carolina 29607, and WILMINGTON TRUST COMPANY, a Delaware banking corporation, 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 Greenville Statutory Trust II, a Delaware statutory trust (the “Issuer”).

JUNIOR SUBORDINATED INDENTURE between GREENVILLE FIRST BANCSHARES, INC. and WILMINGTON TRUST COMPANY, as Trustee Dated as of December 22, 2005
Greenville First Bancshares Inc • December 28th, 2005 • National commercial banks • New York

JUNIOR SUBORDINATED INDENTURE, dated as of December 22, 2005, between GREENVILLE FIRST BANCSHARES, INC., a South Carolina corporation (the “Company”), and WILMINGTON TRUST COMPANY, a Delaware banking corporation, as Trustee (in such capacity, the “Trustee”).

PLACEMENT AGREEMENT AMONG GREENVILLE FIRST BANCSHARES, INC., GREENVILLE STATUTORY TRUST II AND Dated as of December 22, 2005
Preferred Securities Subscription Agreement • December 28th, 2005 • Greenville First Bancshares Inc • National commercial banks • New York

Greenville First Bancshares, Inc., a South Carolina corporation (the “Company”), and its financing subsidiary, Greenville Statutory Trust II, a Delaware statutory trust (the “Trust,” and hereinafter together with the Company, the “Offerors”), hereby confirm their agreement (this “Agreement”) with you as placement agent (the “Placement Agent”), as follows:

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