Exhibit (a)(1)(A)
DECLARATION OF TRUST OF DECS TRUST V
Declaration of Trust, dated as of April 22, 1999, between Xxxx Xxxxxx, as
sponsor (the "Sponsor"), and Xxxxxx X. Xxxxxxx, as trustee (the "Trustee"). The
Sponsor and the Trustee hereby agree as follows:
1. The trust created hereby shall be known as "DECS Trust V," in which
name the Trustee, or the Sponsor to the extent provided herein, may conduct
the business of the Trust, make and execute contracts, and xxx and be sued.
2. The Sponsor hereby assigns, transfers, conveys and sets over to the
Trustee the sum of $1. The Trustee hereby acknowledges receipt of such
amount in trust from the Sponsor, which amount shall constitute the initial
trust estate. The Trustee hereby declares that it will hold the trust
estate in trust for the Sponsor. It is the intention of the parties hereto
that the Trust created hereby constitute a business trust under Chapter 38
of Title 12 of the Delaware Code, 12 Del. C. (S) 3801 et seq. and that this
document constitute the governing instrument of the Trust. The Trustee is
hereby authorized and directed to execute and file a certificate of trust
with the Delaware Secretary of State in the form attached hereto or in such
other form as the Trustee may approve.
3. The Sponsor and the Trustee will enter into an amended and restated
Declaration of Trust, satisfactory to each such party, to provide for the
contemplated operation of the Trust created hereby. Prior to the execution
and delivery of such amended and restated Declaration of Trust, the Trustee
shall not have any duty or obligation hereunder or with respect to the
trust estate, except as otherwise required by applicable law or as may be
necessary to obtain prior to such execution and delivery any licenses,
consents or approvals required by applicable law or otherwise.
4. This Declaration of Trust may be executed in one or more
counterparts.
5. The Trustee may resign upon thirty days prior notice to the Sponsor.
IN WITNESS WHEREOF, the parties hereto have caused this Declaration of Trust
to be duly executed as of the date first above written.
SPONSOR
/s/ Xxxx Xxxxxx
_____________________________________
Xxxx Xxxxxx, as Sponsor
TRUSTEE
/s/ Xxxxxx X. Xxxxxxx
_____________________________________
Xxxxxx X. Xxxxxxx, as Trustee
