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First Supplemental Indenture

 

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Title:

First Supplemental Indenture

Entities:

First Citizens BancShares Inc.

Date:

2005

Size:

Preview shows 15KB of 44KB total

Price:

$35

ID:

#836478

 

 

► Financing ► Indentures ► Supplemental ► First Supplemental Indentures
► Financial ► Regional Banks

 

 

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FIRST-CITIZENS BANK & TRUST COMPANY

 

Issuer

 

and

 

DEUTSCHE BANK TRUST COMPANY AMERICAS

 

Trustee

 

FIRST SUPPLEMENTAL INDENTURE

 

Dated as of June 1, 2005

 

To

 

INDENTURE

 

Dated as of June 1, 2005

 

5.125% SUBORDINATED NOTES DUE 2015


TABLE OF CONTENTS

 

     Page

ARTICLE 1 Relation to Indenture; Definitions    1

SECTION 1.01. Relation to Indenture

   1

SECTION 1.02. Definitions

   1

SECTION 1.03. General References

   1
ARTICLE 2 The Series Of Securities    2

SECTION 2.01. The Form and Title of the Securities

   2

SECTION 2.02. Amount

   2

SECTION 2.03. Stated Maturity

   2

SECTION 2.04. Interest and Interest Rates

   2

SECTION 2.05. Place of Payment

   2

SECTION 2.06. Global Securities

   2

SECTION 2.07. No Sinking Fund.

   3

SECTION 2.08. Waiver of Right to Set-off.

   3

SECTION 2.09. Agreement to Subordinate.

   3

SECTION 2.10. Distribution on Dissolution, Liquidation and Reorganization; Subrogation of Securities

   3

SECTION 2.11. Acceleration of Maturity; Rescission and Annulment

   6
ARTICLE 3 REDEMPTION    6

SECTION 3.01. Optional Redemption by the Company

   6

SECTION 3.02. Certain Definitions

   6

SECTION 3.03. Applicability of Article

   7
ARTICLE 4 Appointment of the Trustee for the Notes    7

SECTION 4.01. Appointment of Trustee

   7

SECTION 4.02. Rights, Powers, Duties and Obligations of the Trustee

   7
ARTICLE 5 Miscellaneous    8

SECTION 5.01. Continued Effect

   8

SECTION 5.02. Governing Law

   8

SECTION 5.03. Counterparts

   8

 

EXHIBITS

 

Exhibit A:        Form of Note


FIRST SUPPLEMENTAL INDENTURE, dated as of June 1, 2005 (this Supplemental Indenture), between FIRST-CITIZENS BANK & TRUST COMPANY, a North Carolina bank (the Company), having its principal office at 3128 Smoketree Court, Raleigh, North Carolina 27604, and DEUTSCHE BANK TRUST COMPANY AMERICAS, having a designated corporate trust office located in New York, New York (Deutsche Bank), as trustee under the Indenture referred to below (in such capacity, the Trustee).

 

RECITALS OF THE COMPANY

 

WHEREAS, the Company has heretofore entered into an Indenture, dated as of June 1, 2005 (the Original Indenture), with Deutsche Bank, as trustee;

 

WHEREAS, the Original Indenture is incorporated herein by this reference and the Original Indenture, as supplemented by this Supplemental Indenture, is herein called the Indenture;

 

WHEREAS, under the Original Indenture, a new series of Securities (as defined in the Original Indenture) may at any time be established by the Board of Directors of the Company, in accordance with the provisions of the Original Indenture, and the terms of such series may be established by a supplemental indenture executed by the Company and by the Trustee;

 

WHEREAS, the Company proposes to create under the Indenture a new series of Securities;

 

WHEREAS, all acts and things necessary to make the Notes (as herein defined), when executed by the Company and authenticated and delivered by the Trustee as provided in the Original Indenture and this Supplemental Indenture, the valid and binding obligations of the Company and to make this Supplemental Indenture a valid and binding agreement in accordance with the Original Indenture have been done or performed;

 

NOW, THEREFORE, in consideration of the premises, agreements and obligations set forth herein and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties hereto hereby agree, for the equal and proportionate benefit of all Holders of the Notes, as follows:


 

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