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EXHIBIT(a)(1)(A)
DECLARATION OF TRUST OF DECS TRUST VII
Declaration of Trust, dated as of April 11, 2000, 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 VII", 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. sec. 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
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Xxxx Xxxxxx, as Sponsor
TRUSTEE
/s/ XXXXXX X. XXXXXXX
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Xxxxxx X. Xxxxxxx, as Trustee
