Exhibit (a)(1)
TRUST AGREEMENT OF XYZ STRYPES TRUST
TRUST AGREEMENT, dated as of March 14, 1996 among Xxxx X.
Xxxx, as Depositor, and Xxxxxxx X. Xxxxxxxx, as Trustee. The Depositor and
the Trustee hereby agree as follows:
1. The trust created hereby shall be known as "XYZ STRYPES
Trust", in which name the Trustee may conduct the business of the Trust, make
and execute contracts, and xxx and be sued.
2. The Depositor 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 Depositor, which amount shall constitute the
initial trust estate. The Trustee hereby declares that it will hold the
trust estate in trust for the Depositor. 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. Section 3801, et seq.
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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.
3. The Depositor and the Trustee will enter into an amended and
restated Trust Agreement, 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 Trust Agreement, 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 Trust Agreement may be executed in one or more
counterparts.
5. The Trustee may resign upon thirty days prior notice to the
Depositor.
IN WITNESS WHEREOF, the parties hereto have caused this Trust
Agreement to be duly executed by their respective officers hereunto duly
authorized, as of the day and year first above written.
DEPOSITOR
/s/ Xxxx X. Xxxx
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Xxxx X. Xxxx,
as Depositor
TRUSTEE
/s/ Xxxxxxx X. Xxxxxxxx
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Xxxxxxx X. Xxxxxxxx,
as Trustee
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