Amended and Restated Certificate of Trust of BANK ONE Capital III

Summary

This document is an amended and restated Certificate of Trust for BANK ONE Capital III, a Delaware business trust. It updates and replaces the original certificate filed in 1999. The certificate names Chase Manhattan Bank USA, National Association, as the Delaware trustee, and specifies the trust's name and effective date. The document is executed by the trustees and becomes effective upon filing with the Delaware Secretary of State.

EX-4.33 4 0004.txt AMENDED & RESTATED CERTIFICATE OF TRUST EXHIBIT 4.33 AMENDED AND RESTATED CERTIFICATE OF TRUST OF BANK ONE CAPITAL III This Amended and Restated Certificate of Trust of BANK ONE Capital III (the "Trust"), dated as of August 1, 2000, is being duly executed and filed by the undersigned, as trustees of the Trust, to amend and restate the Certificate of Trust of the Trust, which was filed with the Secretary of State of the State of Delaware on June 16, 1999, under the Delaware Business Trust Act (12 Del. C. (S) 3801, et seq.) (the "Act"). The original Certificate of Trust is hereby amended and restated in its entirety, pursuant to Section 3810(c)(1) of the Act, to read as follows: 1. Name. The name of the business trust formed hereby is BANK ONE ---- Capital III. 2. Delaware Trustee. The name and business address of the trustee ---------------- of the Trust with its principal place of business in the State of Delaware are Chase Manhattan Bank USA, National Association, 1201 Market Street, Wilmington, Delaware, 19801, Attention: Corporate Trust Administration. 3. Effective Date. This Certificate of Trust shall be effective -------------- upon the date and time of filing. 4. Counterparts. This Certificate of Trust may be executed in one ------------ or more counterparts. [SIGNATURE PAGE FOLLOWS] IN WITNESS WHEREOF, the undersigned have executed this Certificate of Trust in accordance with Section 3811(a)(2) of the Act. CHASE MANHATTAN BANK USA, NATIONAL ASSOCIATION, not in its individual capacity, but solely as trustee By: ___________________________ Name: Title M. EILEEN KENNEDY, not in her individual capacity, but solely as trustee __________________________________________________ CHARLES W. SCHARF, not in his individual capacity, but solely as trustee __________________________________________________ 2