Exhibit 1.2
DELAWARE-VOYAGEUR UNIT INVESTMENT TRUST
SERIES 12
TRUST AGREEMENT
Dated: September 4, 1997
This Trust Agreement dated as of September 4, 1997 between Delaware
Management Company, Inc., as Depositor and The Chase Manhattan Bank, as
Evaluator and Trustee, sets forth certain provisions in full and incorporates
other provisions by reference to the document entitled "Delaware-Voyageur Unit
Investment Trust Series 9 and certain subsequent Series, Standard Terms and
Conditions of Trust Dated May 6, 1997" (herein called the "STANDARD TERMS AND
CONDITIONS OF TRUST"), and such provisions as are set forth in full and such
provisions as are incorporated by reference constitute a single instrument. All
references herein to Articles and Sections are to Articles and Sections of the
Standard Terms and Conditions of Trust.
WITNESSETH THAT:
In consideration of the premises and of the mutual agreements herein
contained, the Depositor and the Trustee agree as follows:
PART I
STANDARD TERMS AND CONDITIONS OF TRUST
Subject to the Provisions of Part II hereof, all the provisions
contained in the Standard Terms and Conditions of Trust are herein incorporated
by reference in their entirety and shall be deemed to be a part of this
instrument as fully and to the same extent as though said provisions had been
set forth in full in this instrument.
PART II SPECIAL TERMS AND CONDITIONS OF TRUST
The following special terms and conditions are hereby agreed to:
(a) The Securities listed in Schedule A hereto have been
deposited in Trust under this Trust Agreement.
(b) The first sentence of the fifth paragraph of Section 5.02
of the Standard Terms and Conditions of Trust is hereby amended by
replacing the phrase "at least that number of Units" with "that number
of Units which meet the dollar amount requirements."
(c) Article I of the Standard Terms and Conditions of Trust is
hereby amended to replace the definitions of "Rollover Unitholder,"
"Rollover Notification Date" and "Special Redemption Period" with the
following:
ROLLOVER UNITHOLDER
The terms "Interim Rollover Unitholders" and "Final Rollover
Unitholders" as defined in the Prospectus shall also apply individually to the
term "Rollover Unitholder" provided herein. In addition, any reference to the
"Rollover Unitholder" as it relates exclusively to "Interim Rollover
Unitholders" shall be interpreted to apply only to such Unitholders and any
reference to the "Rollover Unitholder" as it relates exclusively to "Final
Rollover Unitholders" shall be interpreted to apply only to such Unitholders.
ROLLOVER NOTIFICATION DATE
The dates specified in the Prospectus for the "Interim Rollover
Notification Date" and the "Final Rollover Notification Date" in "Summary of
Essential Information" shall also apply individually to the term "Rollover
Notification Date" provided herein. In addition, any reference to the "Rollover
Notification Date" as it relates exclusively to "Interim Rollover Unitholders"
shall be interpreted to apply only to such Unitholders and any reference to the
"Rollover Notification Date" as it relates exclusively to "Final Rollover
Unitholders" shall be interpreted to apply only to such Unitholders.
SPECIAL REDEMPTION PERIOD
The dates specified in the Prospectus for the "Interim Special
Redemption Period" and the "Final Special Redemption Period" in "Summary of
Essential Information" shall also apply individually to the term "Special
Redemption Period" provided herein. In addition, any reference to the "Special
Redemption Period" as it relates exclusively to "Interim Rollover Unitholders"
shall be interpreted to apply only to such Unitholders and any reference to the
"Special Redemption Period" as it relates exclusively to "Final Rollover
Unitholder" shall be interpreted to apply only to such Unitholders.
(d) The following shall be added at the end of the first
paragraph of subsection (a) of Section 5.03:
"The notice and form of election to be sent to Unitholders in respect
of any redemption and purchase of Units of a New Series as provided in this
section shall be in such form and shall be sent at such time or times as the
Depositor shall direct the Trustee in writing and the Trustee shall have no
responsibility therefor. The Distribution Agent acts solely as disbursing agent
in connection with purchases of Units pursuant to this Section and nothing
herein shall be deemed to constitute the Distribution Agent a broker in such
transactions."
IN WITNESS WHEREOF, Delaware Management Company, Inc. has caused this
Trust Agreement to be executed by its Chairman, President, General Counsel,
Chief Financial Officer or one of its Vice Presidents and The Chase Manhattan
Bank has caused this Trust Agreement to be signed by one of its Vice Presidents
or Second Vice Presidents all as of the day, month and year first above written.
Delaware Management Company, Inc.,
Depositor
By: /s/ Xxxxxx X. Xxxxxxxxxxx, Xx.
Senior Vice President and Secretary
The Chase Manhattan Bank, Evaluator and
Trustee
By: /s/ Xxxxxx Xxxxxxx
SCHEDULE A TO TRUST AGREEMENT
SECURITIES INITIALLY DEPOSITED
IN
DELAWARE-VOYAGEUR UNIT INVESTMENT TRUST, SERIES 12
(Note: Incorporated herein and made a part hereof are the "SCHEDULES OF
INVESTMENTS" as set forth in the Prospectus.)
