EXHIBIT 1.1
XXX XXXXXX EQUITY OPPORTUNITY TRUST
SERIES 112
TRUST AGREEMENT
Dated: July 28, 1998
This Trust Agreement among Xxx Xxxxxx Funds Inc., as Depositor,
American Portfolio Evaluation Services, a division of Xxx Xxxxxx Investment
Advisory Corp., as Evaluator, Xxxxxx X. Xxxxx & Company, as Supervisory
Servicer, and The Bank of New York, as Trustee, sets forth certain provisions in
full and incorporates other provisions by reference to the document entitled
"Xxx Xxxxxx Equity Opportunity Trust, Series 87 and Subsequent Series, Standard
Terms and Conditions of Trust, Effective January 27, 1998" (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, Evaluator, Supervisory Servicer and 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:
1. The Securities defined in Section 1.01(24), listed in the
Schedule hereto, have been deposited in trust under this Trust
Agreement.
2. The fractional undivided interest in and ownership of
each Trust represented by each Unit is an amount the numerator of which
is one and the denominator of which is the amount set forth under
"Summary of Essential Financial Information - Initial Number of Units"
in the Prospectus. Such fractional undivided interest may be (a)
increased by the number of any additional Units issued pursuant to
Section 2.03, (b) increased or decreased in connection with an
adjustment to the number of Units pursuant to Section 2.03, or (c)
decreased by the number of Units redeemed pursuant to Section 5.02.
3. The terms "Capital Account Record Date" and "Income Account
Record Date" shall mean the "Record Dates" set forth under "Summary of Essential
Financial Information" in the Prospectus.
4. The terms "Capital Account Distribution Date" and "Income Account
Distribution Date" shall mean the "Distribution Dates" set forth under "Summary
of Essential Financial Information" in the Prospectus.
5. The term "Mandatory Termination Date" shall mean the "Mandatory
Termination Date" set forth under "Summary of Essential Financial Information"
in the Prospectus.
6. Section 1.01 (1), (3) and (4) shall be replaced in their entirety by
the following:
(1) "Depositor" shall mean Xxx Xxxxxx Funds Inc. and
its successors in interest, or any successor depositor appointed as
hereinafter provided.
(3) "Evaluator" shall mean American Portfolio
Evaluation Services (a division of a Xxx Xxxxxx Investment Advisory
Corp.) and its successors in interest, or any successor evaluator
appointed as hereinafter provided.
(4) The term "Supervisory Servicer" shall mean Xxxxxx
Xxxxx & Company and its successors in interest, or any successor
portfolio supervisor as hereinafter provided.
7. Notwithstanding anything to the contrary in the Standard Terms
and Conditions of Trust and subject to the requirements set forth in this
paragraph, unless the Prospectus otherwise requires, the Sponsor may, on any
Business Day (the "Trade Date"), subscribe for additional Units as follows:
IN WITNESS WHEREOF, the undersigned have caused this Trust Agreement to
be executed and their corporate seals to be hereto affixed and attested; all as
of the day, month and year first above written.
Xxx Xxxxxx Funds Inc.
By XXXXX X. XXXXX
Vice President
Attest:
By XXXXXXXX XXXXXXX
Assistant Secretary
American Portfolio Evaluation Services, a division of Xxx Xxxxxx
Investment Advisory Corp.
By XXXXX XXXXX
Vice President
Attest
By XXXXXXXX XXXXXXX
Assistant Secretary
Xxxxxx X. Xxxxx & Company
By XXXXXXX X. XXXXX
Principal
Attest
By XXXXX X. XXXXX
Principal
The Bank of New York
By XXXXXXX XXXXX
Vice President
Attest
By XXXXXX XXXX
Assistant Treasurer
SCHEDULE A TO TRUST AGREEMENT
SECURITIES INITIALLY DEPOSITED
IN
XXX XXXXXX EQUITY OPPORTUNITY TRUST, SERIES 112
(Note: Incorporated herein and made a part hereof is the "Portfolio" as
set forth in the Prospectus.)
