0001193125-08-262038 Sample Contracts

FIRST STATE BANCORPORATION and As Depositary and HOLDERS OF DEPOSITARY RECEIPTS DEPOSIT AGREEMENT Dated as of ,
Deposit Agreement • December 31st, 2008 • First State Bancorporation • State commercial banks • New York

DEPOSIT AGREEMENT, dated as of , , among First State Bancorporation, a New Mexico corporation, , a banking corporation, as Depositary, and all holders from time to time of Receipts issued hereunder.

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FORM OF STOCK WARRANT AGREEMENT FIRST STATE BANCORPORATION and As Warrant Agent WARRANT AGREEMENT Dated as of ,
Warrant Agreement • December 31st, 2008 • First State Bancorporation • State commercial banks • New York

THIS WARRANT AGREEMENT, dated as of , , between First State Bancorporation, a corporation duly organized and existing under the laws of the State of New Mexico (the “Corporation”) and , a [corporation] [national banking association] organized and existing under the laws of , as Warrant Agent (herein called the “Warrant Agent”).

FORM OF DEBT SECURITIES WARRANT AGREEMENT FIRST STATE BANCORPORATION and As Warrant Agent WARRANT AGREEMENT Dated as of ,
Warrant Agreement • December 31st, 2008 • First State Bancorporation • State commercial banks • New York

THIS WARRANT AGREEMENT, dated as of , , between First State Bancorporation, a corporation duly organized and existing under the laws of the State of New Mexico (the “Corporation”) and , a [corporation] [national banking association] organized and existing under the laws of , as Warrant Agent (herein called the “Warrant Agent”).

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