DECLARATION OF TRUST OF DECS TRUST IV
Declaration of Trust, dated as of December 17, 1998,
between Xxxx Xxxxxx, as sponsor (the "Sponsor"), and Xxxxx
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 IV," 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. ss. 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/ Xxxxx Xxxxxxx
----------------------------
Xxxxx Xxxxxxx, as Trustee
THIS CERTIFICATE IS ISSUED UNDER AND IS SUBJECT TO THE
TERMS, PROVISIONS AND CONDITIONS OF THE TRUST AGREEMENT REFERRED
TO BELOW TO WHICH THE HOLDER OF THIS CERTIFICATE BY VIRTUE OF THE
ACCEPTANCE HEREOF ASSENTS AND IS BOUND.
NO. __ ______ DECS
DECS TRUST IV
CUSIP NO. ____________
THIS CERTIFIES THAT XXXXXXX XXXXX BARNEY INC. IS THE
RECORD OWNER OF ___ DECS OF DECS TRUST IV CONSTITUTING FRACTIONAL
UNDIVIDED INTERESTS IN DECS TRUST IV, A TRUST CREATED UNDER THE
LAWS OF THE STATE OF DELAWARE PURSUANT TO AN AMENDED AND RESTATED
DECLARATION OF TRUST BETWEEN XXXXXXX XXXXX XXXXXX INC. AND THE
TRUSTEES NAMED THEREIN. THIS CERTIFICATE IS ISSUED UNDER AND IS
SUBJECT TO THE TERMS, PROVISIONS AND CONDITIONS OF THE TRUST
AGREEMENT TO WHICH THE HOLDER OF THIS CERTIFICATE BY VIRTUE OF
THE ACCEPTANCE HEREOF ASSENTS AND IS BOUND, A COPY OF WHICH TRUST
AGREEMENT IS AVAILABLE AT THE OFFICE OF THE TRUST'S ADMINISTRATOR
AND PAYING AGENT, ATTENTION: ___. THIS CERTIFICATE IS TRANSFERABLE
AND EXCHANGEABLE BY THE REGISTERED OWNER IN PERSON OR BY HIS DULY
AUTHORIZED ATTORNEY AT THE OFFICE OF THE PAYING AGENT UPON
SURRENDER OF THIS CERTIFICATE PROPERLY ENDORSED OR ACCOMPANIED BY
A WRITTEN INSTRUMENT OF TRANSFER AND ANY OTHER DOCUMENTS THAT THE
PAYING AGENT MAY REQUIRE FOR TRANSFER, IN FORM SATISFACTORY TO
THE PAYING AGENT AND PAYMENT OF THE FEES AND EXPENSES PROVIDED IN
THE TRUST AGREEMENT.
THIS CERTIFICATE IS NOT VALID UNLESS MANUALLY
COUNTERSIGNED BY THE PAYING AGENT.
WITNESS THE FACSIMILE SIGNATURE OF THE MANAGING
TRUSTEE.
DATED: DECS TRUST IV
By:_______________________________
Trustee
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