FORM OF TRUST PREFFERRED SECURITY - BBC CAPITAL
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EX-4.10 4 g74469ex4-10.txt FORM OF TRUST PREFFERRED SECURITY - BBC CAPITAL EXHIBIT 4.10 Certificate Number Number of Preferred Securities P- CUSIP NO. 05527K207 Certificate Evidencing Preferred Securities of BBC Capital Trust II ____% Trust Preferred Securities (Liquidation Amount $25 per Preferred Security) BBC CAPITAL TRUST II, a statutory business trust created under the laws of the State of Delaware (the "Trust"), hereby certifies that ___________ (the "Holder") is the registered owner of _________ preferred securities of the Trust representing undivided beneficial interests in the assets of the Trust and designated the ____ % Trust Preferred Securities (Liquidation Amount $25 per Preferred Security) (the "Preferred Securities"). The Preferred Securities are transferable on the books and records of the Trust, in person or by a duly authorized attorney, upon surrender of this certificate duly endorsed and in proper form for transfer as provided in Section 504 of the Trust Agreement. The designations, rights, privileges, restrictions, preferences, and other terms and provisions of the Preferred Securities are set forth in, and this certificate and the Preferred Securities represented hereby are issued and shall in all respects be subject to the terms and provisions of, the Amended and Restated Trust Agreement of the Trust dated as of ___________, 2002, as the same may be amended from time to time (the "Trust Agreement"), including the designation of the terms of Preferred Securities as set forth therein. The Holder is entitled to the benefits of the Preferred Securities Guarantee Agreement entered into by BankAtlantic Bancorp, Inc., a Florida corporation, and Wilmington Trust Company, as guarantee trustee, dated as of __________, 2002 (the "Guarantee"), to the extent provided therein. The Trust shall furnish a copy of the Trust Agreement and the Guarantee to the Holder without charge upon written request to the Trust at its principal place of business or registered office. Upon receipt of this certificate, the Holder is bound by the Trust Agreement and is entitled to the benefits thereunder. IN WITNESS WHEREOF, one of the Administrative Trustees of the Trust has executed this certificate this __ day of _________, 2002. BBC CAPITAL TRUST II By: --------------------------------------- James A. White Administrative Trustee COUNTERSIGNED AND REGISTERED: WILMINGTON TRUST COMPANY, as Securities Registrar By: ------------------------------ Authorized Signatory
