Certificate of Trust of Cullen/Frost Capital Trust II, Dated February 3, 2004
This document establishes Cullen/Frost Capital Trust II as a statutory trust under Delaware law. The Bank of New York (Delaware) acts as the trustee, with its business address in Newark, Delaware. The certificate becomes effective upon filing with the Delaware Secretary of State. The document is signed by a Senior Vice President of the trustee bank, formalizing the creation of the trust entity.
EXHIBIT 4.1
CERTIFICATE OF TRUST
OF
CULLEN/FROST CAPITAL TRUST II
This CERTIFICATE OF TRUST of Cullen/Frost Capital Trust II (the “Trust”) is being duly executed and filed by The Bank of New York (Delaware), a Delaware banking corporation, as trustee, to form a statutory trust under the Delaware Statutory Trust Act (12 Del. C. § 3801 et seq.) (the “Act”).
(a) Name. The name of the statutory trust being formed hereby is Cullen/Frost Capital Trust II.
(b) Delaware Trustee. The name and business address of the trustee of the Trust in the State of Delaware is The Bank of New York (Delaware), White Clay Center, Route 273, Newark, Delaware 19711.
(c) Effective Date. This Certificate of Trust shall be effective upon filing with the Secretary of State.
IN WITNESS WHEREOF, the undersigned has duly executed this Certificate of Trust as of the date first above written in accordance with Section 3811(a) of the Act.
| THE BANK OF NEW YORK (DELAWARE), | ||||
| By: | /s/ Patrick Burns | |||
| Name: | Patrick Burns | |||
| Title: | Senior Vice President | |||
