EX-4.2 4 dex42.txt CERTIFICATE OF TRUST Exhibit 4.2 State of Delaware Office of the Secretary of State ------------------------------ I, HARRIET SMITH WINDSOR, SECRETARY OF STATE OF THE STATE OF DELAWARE, DO HEREBY CERTIFY THE ATTACHED IS A TRUE AND CORRECT COPY OF THE CERTIFICATE OF BUSINESS TRUST REGISTRATION OF "FCB/NC CAPITAL TRUST II", FILED IN THIS OFFICE ON THE TENTH DAY OF AUGUST, A.D. 2001, AT 8:30 0'CLOCK A.M. [SEAL] /s/ Harriet Smith Windsor ----------------------------------------- Harriet Smith Windsor, Secretary of State 3424608 8100 AUTHENTICATION: 1291049 010393377 DATE: 08-10-01 STATE OF DELAWARE SECRETARY OF STATE DIVISION OF CORPORATIONS CERTIFICATE OF TRUST OF FILED 08:30 AM 08/10/2001 FCB/NC CAPITAL TRUST II 010393377 - 3424608 THIS CERTIFICATE OF TRUST of FCB/NC Capital Trust II (the "Trust"), dated August 10, 2001, is being duly executed and filed by Bankers Trust (Delaware), a -- Delaware banking corporation, as trustee, to form a business trust under the Delaware Business Trust Act (12 Del. C. (S) 3801 et seq.). -- --- 1. Name. The name of the business trust formed hereby is "FCB/NC Capital ---- Trust II". 2. Delaware Trustee. The name and address of the trustee of the Trust ---------------- with a principal place of business in the State of Delaware is: Bankers Trust (Delaware) E.A. Delle Donne Corporate Center Montgomery Building 1011 Centre Road, Suite 200 Wilmington, Delaware 19805-1266 3. Effective Date. This Certificate of Trust shall be effective upon its -------------- filing with the Secretary of State of Delaware. IN WITNESS WHEREOF, the undersigned, being the sole trustee of the Trust, has executed this Certificate of Trust as of the date first written above. BANKERS TRUST (DELAWARE), not in its individual capacity, but solely as trustee By: /s/ John V. Lavin ------------------------------------------------- Name : John V. Lavin Title: Assistant Vice President