Exhibit 1.1
CLAYMORE SECURITIES DEFINED PORTFOLIOS,
SERIES 130
REFERENCE TRUST AGREEMENT
This Reference Trust Agreement dated as of July 11, 2002, between Claymore
Securities, Inc., as Depositor, and The Bank of New York, as Trustee, sets forth
certain provisions in full and incorporates other provisions by reference to the
document entitled "Standard Terms and Conditions of Trust For Series Formed on
or Subsequent to February 6, 2002" (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
this instrument for each separate Trust created under this Series.
PART II.
SPECIAL TERMS AND CONDITIONS OF TRUST
The following special terms and conditions are hereby agreed to:
(1) The securities listed in the Schedule(s) hereto have been deposited in
the Trust(s) under this Reference Trust Agreement as indicated on the attached
Schedule A.
(2) For the purposes of the definition of the term "Unit" in Article I, it
is hereby specified that the fractional undivided interest in and ownership of a
Trust is the amount described in Amendment No. 1 to the Trust's Registration
Statement (Registration No.
333-91800) as filed with the Securities and Exchange Commission today. The
fractional undivided interest may (a) increase by the number of any additional
Units issued pursuant to Section 2.05, (b) increase or decrease in connection
with an adjustment to the number of Units pursuant to Section 2.05, or (c)
decrease by the number of Units redeemed pursuant to Section 5.02.
(3) The term "Record Date" shall mean the first day of each month for
principal distributions and the dates set forth in the Prospectus for interest
distributions.
(4) The term "Distribution Date" shall mean the fifteenth day of each month
for principal distributions and the dates set forth in the Prospectus for
interest distributions.
(5) The term "Initial Date of Deposit" shall mean the date of this
Reference Trust Agreement as set forth above.
(6) The number of Units of the Trust(s) referred to in Section 2.03 shall
be equal to the "Number of Units" in the Statement of Financial Condition in the
Prospectus.
(7) For the purposes of Section 6.01(g)(i), the liquidation amount shall be
40% of the total value of all Securities deposited in the Trust(s) at the end of
the Trust's initial offering period.
(8) Article I is hereby amended to add the following definitions:
"BOOK ENTRY POSITION" shall mean any position in Units of a Trust which
ownership is recorded on the books of the Trustee which notation evidences
ownership of an undivided fraction interest in a Trust in book entry form.
"CERTIFICATE" shall mean any one of the Certificates manually executed by
the Trustee and the Depositor in substantially the following form with the
blanks appropriately filled in:
CERTIFICATE OF
No. ____ OWNERSHIP Units _____
Description of Trust Plan of Distribution:
Monthly
Semi-Annual
CUSIP _________________
This is to certify that _______________________________________ is the
owner and registered holder of this Certificate evidencing the ownership of
________________ units of undivided interest in the above-named Trust created
pursuant to the Trust Indenture and
Agreement between Claymore Securities, Inc., and The Bank of New York (the
"TRUSTEE"), a copy of which is available at the office of the Trustee. This
Certificate is issued under and is subject to the terms, provisions and
conditions of the Indenture to which the Holder of this Certificate by virtue of
the acceptance hereof assents and is bound, a summary of which Indenture is
contained in the Prospectus relating to the Trust. This Certificate is
transferable and interchangeable by the registered owner in person or by his
duly authorized attorney at the Trustee's office upon surrender of this
Certificate properly endorsed or accompanied by a written instrument of transfer
and any other documents that the Trustee may require for transfer, in form
satisfactory to the Trustee and payment of the fees and expense provided in the
Indenture.
IN WITNESS WHEREOF, Claymore Securities, Inc. has caused this Certificate
to be executed in facsimile by its Chairman of the Board and The Bank of New
York, as Trustee, has caused this Certificate to be executed in facsimile in its
corporate name by an authorized officer.
Date:
CLAYMORE SECURITIES, INC., Depositor
By
THE BANK OF NEW YORK, Trustee
By
FORM OF ASSIGNMENT
The following abbreviations, when used in the inscription on the face of
this certificate, shall be construed as though they were written out in full
according to applicable laws or regulations:
UNIF GIFT MIN ACT
TEN COM as tenants in common __________ Custodian
TEN ENT as tenants by the entireties (Cust) (Minor)
JT TEN as joint tenants with right of survivor- Under Uniform Gifts to Minors Act
ship and not as tenants in common _____________________________
State
Additional abbreviations may also be used though not in the above list.
For Value Received, ___________________________________ hereby sell, assign
and transfer ____________ Units represented by this Certificate unto
________________________________
SOCIAL SECURITY OR OTHER IDENTIFYING
NUMBER OF ASSIGNEE MUST BE PROVIDED
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___________________________________________________________________
and does hereby irrevocably constitute and appoint_____________________________,
attorney, to transfer said Units on the books of the Trustee, with full power
and substitution in the premises.
Dated:
NOTICE: The signature to this assignment must correspond with the name as
written upon the face of the Certificate in every particular, without alteration
or enlargement or any change whatever.
SIGNATURE(S) GUARANTEED BY
______________________________
Firm or Bank
Authorized Signature
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Signatures must be guaranteed by a participant in the Securities Transfer
Agents Medallion Program ("STAMP") or such other guarantee program in addition
to, or in substitution for, STAMP, as may be accepted by the Trustee.
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(9) The definition of "Unitholder" is hereby amended as follows:
"UNITHOLDER" shall mean the registered holder of any Unit of beneficial
interest as recorded on the registration books of the Trustee, or the registered
holder of any Certificate, his legal representative and heirs, or the successors
of any corporation, partnership or other legal entity which is a registered
holder of any Certificate and as such shall be deemed a beneficiary of the
related Trust created by this Indenture to the extent of his pro rata share
thereof.
(10) Section 2.03 is hereby amended and replaced in its entirety as
follows:
SECTION 2.03. ISSUE OF CERTIFICATES AND ESTABLISHMENT OF BOOK ENTRY
POSITIONS. By executing the
Reference Trust Agreement and receipt for deposited
Securities, the Trustee will thereby acknowledge receipt of the deposit of the
Securities listed under "The Trust Portfolio" in the Prospectus and referred to
in Section 2.01 hereof, and simultaneously with the receipt of said deposit, has
recorded on its books, for each of the monthly or semi-annual plans of
distribution, the ownership by the Depositor or such other person or persons as
may be indicated by the Depositor, of the aggregate number of Units specified in
the Prospectus and has delivered, or on the order of the Depositor will deliver,
in exchange for such Securities, documentation evidencing the ownership of the
number of Units specified or, if requested by the Depositor, the ownership by
DTC of all such Units and will cause such Units to be credited at DTC to the
account of the Depositor or, pursuant to the Depositor's direction and as
hereafter provided, the account of the issuer of the Letter of Credit referred
to in Section 2.01. The Trustee hereby agrees that on the date of any
Supplemental Indenture it shall acknowledge that the additional Securities
identified therein have been deposited with it by recording on its books the
ownership, by the Depositor or such other person or aggregate number of Units to
be issued in respect of such additional Securities so deposited.
Upon the sale of Units to a purchaser, the Units will be evidenced by a
Book Entry Position unless such purchaser expressly requests that the purchased
Units be evidenced in Certificate form. Upon sale of the Units to a purchaser
who requests Units in certificated form, the Trustee shall issue a Certificate
or Certificates in the name of the purchaser and note that such Unitholder holds
units in certificated form on the books of the Trustee. The Trustee is entitled
to specify the minimum denomination of any
Certificate issued. The rights set forth in this Indenture of any holder of
Units held in certificated form shall be the same as those of any other
Unitholder.
(11) The following Section 2.07 is hereby added to Article II:
SECTION 2.07. FORM OF CERTIFICATES. Each Certificate referred to in Section
2.03 is, and each Certificate hereafter issued shall be, in substantially the
form hereinabove recited, numbered serially for identification, in fully
registered form, transferable only on the books of the Trustee as herein
provided, executed either manually or in facsimile by an authorized officer of
the Trustee and in facsimile by the Chairman of the Board, President or one of
the Vice Presidents of the Depositor and dated the date of execution and
delivery by the Trustee. In case any authorized officer of the Trustee or the
Depositor who has signed or whose facsimile signature has been placed upon any
Certificate shall have ceased to be such officer before any such Certificate is
issued, it may be issued with the same effect as if he were such officer at the
date of issue.
(12) Section 3.01 is hereby amended as follows:
SECTION 3.01. INITIAL COSTS. Subject to reimbursement as hereinafter
provided, the cost of organizing the Trust and sale of the Trust Units shall be
borne by the Depositor, provided, however, that the liability on the part of the
Depositor under this section shall not include any fees or other expenses
incurred in connection with the administration of the Trust subsequent to the
deposit referred to in Section 2.01. Upon notification from the Depositor that
the primary offering period is concluded, or after six months, at the discretion
of the Depositor, the Trustee shall withdraw from the Account or Accounts
specified in the Prospectus or, if no Account is therein specified, from the
Principal Account as further set forth in Section 3.04, and pay to the Depositor
the Depositor's reimbursable expenses of organizing the Trust and sale of the
Trust Units in an amount certified to the Trustee by the Depositor but not in
excess of the estimated per-Unit amount set forth in the Prospectus multiplied
by the number of Units outstanding as of the conclusion of such period. If the
cash balance of the Principal Account is insufficient to make such withdrawal,
the Trustee shall, as directed by the Depositor, sell Securities identified by
the Depositor, or distribute to the Depositor Securities having a value, as
determined under Section 4.01 as of the date of distribution, sufficient for
such reimbursement. The reimbursement provided for in this section shall be for
the account of the Unitholders of record at the conclusion of the period
described above. Any assets deposited with the Trustee in respect of the
expenses reimbursable under this section shall be held and administered as
assets of the Trust for all purposes hereunder. The Depositor shall deliver to
the Trustee any cash identified in the "Statement of Financial Condition" of the
Trust included in the Prospectus not later than the First Settlement Date and
the Depositor's obligation to make such delivery shall be secured by cash or the
Letter of Credit deposited pursuant to section 2.01. Any cash which the
Depositor has identified as to be used for reimbursement of expenses pursuant to
this Section shall be held by the Trustee, without interest, and reserved for
such purpose and, accordingly, prior to the conclusion of the primary offering
period or after six months, at the discretion of the Depositor, shall not be
subject to distribution or, unless the Depositor otherwise directs,
used for payment of redemptions in excess of the per-Unit amount payable
pursuant to the next sentence. If a Unitholder redeems Units prior to the
conclusion of the primary offering period or after six months, at the discretion
of the Depositor, the Trustee shall pay to the Unitholder, in addition to the
Redemption Price of the tendered Units, an amount equal to the estimated
per-Unit cost of organizing the Trust and the sale of Trust Units set forth in
the Prospectus multiplied by the number of Units tendered for redemption; to the
extent the cash on hand in the Trust is insufficient for such payment, the
Trustee shall have the power to sell Securities in accordance with Section 5.02.
As used herein, the Depositor's reimbursable expenses of organizing the Trust
and sale of the Trust Units shall include the cost of the initial preparation
and typesetting of the registration statement, prospectuses (including
preliminary prospectuses), the indenture, and other documents relating to the
Trust, printing of Certificates, Securities and Exchange Commission and state
blue sky registration fees, the cost of the initial valuation of the portfolio
and audit of the Trust, the initial fees and expenses of the Trustee, and legal
and other out-of-pocket expenses related thereto but not including the expenses
incurred in the printing of preliminary prospectuses and prospectuses, expenses
incurred in the preparation and printing of brochures and other advertising
materials and any other selling expenses.
(13) Section 3.06(b)(ii) is hereby amended as follows:
(ii) (a) For the purposes of this Section 3.06, the "Interest Distribution"
of a Unitholder who has elected to receive monthly distributions shall be made
on the basis of one-twelfth of the estimated annual interest income to the Trust
for the ensuing twelve months, after a pro-rated initial payment and after
deduction of the estimated costs and expenses to be incurred on behalf of such
Unitholders during the twelve month period for which such interest income has
been estimated.
(b) The "Interest Distribution" of a Unitholder who has elected to receive
semi-annual distributions shall be made on the basis of one-half of the
estimated annual interest income to such Trust for the ensuing twelve months,
after a pro-rated initial payment and after deduction of the estimated costs and
expenses of such Trust to be incurred during the twelve month period for which
the interest income has been estimated.
(c) In the event the amount on deposit in the Interest Account of any Trust
on a Distribution Date is not sufficient for the payment of the amount of
interest to be distributed monthly or semi-annually on the basis of the
aforesaid computation, the Trustee shall advance out of its own funds and cause
to be deposited in and credited to such Interest Account such amount as may be
required to permit payment of the monthly or semi-annual interest distribution
to be made as described above and shall be entitled to be reimbursed, without
interest, out of interest received by such Trust subsequent to the date of such
advance and subject to the condition that any such reimbursement shall be made
only under conditions which will not reduce the funds in or available for the
Interest Account to an amount less than required for the next ensuing
distribution of interest. The Trustee's fee takes into account the costs
attributable to the outlay of capital
needed to make such advances. To the extent practicable, the Trustee shall
allocate the expenses of each Trust among Units of such Trust, giving effect
within any Trust to differences in administrative and operational cost among
those who have chosen to receive distributions monthly or semi-annually.
(d) Unitholders of any Trust desiring to receive monthly or semi-annual
distributions may elect at the time of purchase to receive distributions on a
monthly or semi-annual basis by notice to the Trustee. Unitholders must furnish
written notice to the Trustee indicating their desire to receive monthly or
semi-annual distributions. The Trustee, within five business days of receiving
such notice, shall issue to the Book Entry Unitholder a new Book Entry Position
confirmation indicating such Unitholder's preferred distribution plan. Such
notice shall be effective with respect to subsequent distributions until changed
by further notice to the Trustee. Those wishing to change their plan of
distribution must do so by sending written notice at any time to the Trustee;
holders of Certificates must also send to the Trustee the Certificate to which
the requested change relates. Changes may be made as soon as reasonably
practicable.
(14) Section 3.08(a)(x) is hereby amended as follows:
(x) that as of any Record Date such Bonds are scheduled to be redeemed and
paid prior to the next succeeding monthly Distribution Date; PROVIDED, HOWEVER,
that as the result of such sale the Trustee will receive funds in an amount
sufficient to enable the Trustee to include in the distribution from the
Principal Account on such next succeeding monthly Distribution Date at least
$1.00 per Unit; or
(15) The first paragraph of Section 5.01 is hereby amended and restated to
read as follows:
SECTION 5.01. TRUST EVALUATION. As of the Evaluation Time (a) on the last
Business Day of each year, (b) on the day on which any Unit is tendered for
redemption and (c) on any other day desired by the Trustee or requested by the
Depositor, the Trustee shall: Add (i) all moneys on deposit in a Trust
(excluding (1) cash, cash equivalents or Letters of Credit deposited pursuant to
Section 2.01 hereof for the purchase of Contract Securities, unless such cash or
Letters of Credit have been deposited in the Interest and Principal Accounts
because of failure to apply such moneys to the purchase of Contract Securities
pursuant to the provisions of Sections 2.01, 3.03 and 3.04 hereof and (2) moneys
credited to the Reserve Account pursuant to Section 3.05 hereof), plus (ii) the
aggregate Evaluation of all Securities (including Contract Securities and
Reinvestment Securities) on deposit in such Trust as is determined by the
Evaluator (such evaluations shall take into account and itemize separately (i)
the cash on hand in the Trust or moneys in the process of being collected from
matured interest coupons or bonds matured or called for redemption prior to
maturity, (ii) the value of each issue of the Securities in the Trust on the bid
side of the market as determined by the Evaluator pursuant to Section 4.01, and
(iii) interest accrued thereon not subject to collection and distribution. For
each such Evaluation there shall be deducted from the sum of the above (i)
amounts representing any applicable taxes or governmental charges payable out of
the respective
Trust and for which no deductions shall have previously been made for the
purpose of addition to the Reserve Account, (ii) amounts representing estimated
accrued fees of the Trust and expenses of such Trust including but not limited
to unpaid fees and expenses of the Trustee, the Evaluator, the Supervisor, the
Depositor and bond counsel, in each case as reported by the Trustee to the
Evaluator on or prior to the date of evaluation, (iii) any moneys identified by
the Trustee, as of the date of the Evaluation, as held for distribution to
Unitholders of record as of a Record Date or for payment of the Redemption Value
of Units tendered prior to such date and (iv) unpaid organizational and offering
costs in the estimated amount per Unit set forth in the Prospectus. The
resulting figure is herein called a "TRUST FUND EVALUATION." The value of the
pro rata share of each Unit of the respective Trust determined on the basis of
any such evaluation shall be referred to herein as the "UNIT VALUE."
(16) The first paragraph of Section 5.02 is hereby amended as follows:
SECTION 5.02. REDEMPTIONS BY TRUSTEE; PURCHASES BY DEPOSITOR. Any Unit
tendered for redemption by a Unitholder or his duly authorized attorney to the
Trustee at its unit investment trust division office shall be redeemed by the
Trustee no later than the third calendar day following the day on which tender
for redemption is made in proper form, provided that if such day of payment is
not a Business Day, then such payment shall be made no later than the first
Business Day prior thereto (herein referred to as the "Settlement Date").
Unitholders must sign the request or transfer instrument, exactly as their name
appears on the tendered Certificate or on the records of the Trustee. If the
amount of redemption is $500 or less and the proceeds are payable to the
Unitholders of record at the address of record, no signature guarantee is
necessary for redemptions by individual account owners (including joint owners).
Additional documentation may be requested, and a signature guarantee is always
required, from corporations, executors, administrators, trustees, guardians and
associations. The signatures must be guaranteed by a participant in the
Securities Transfer Agents Medallion Program (STAMP) or such other signature
guarantee program in addition to, or in substitution for, STAMP, as may be
accepted by the Trustee. Subject payment by such Unitholder of any tax or other
governmental charges which may be imposed thereon, such redemption is to be made
by payment of cash equivalent to the Unit Value determined on the basis of a
Trust Fund Evaluation made in accordance with Section 5.01 determined by the
Trustee as of the Evaluation Time on the Redemption Date, multiplied by the
number of Units tendered for redemption (herein called the "Redemption Value"),
or if the Unitholder wishes to redeem a number of Units less than all those so
tendered, multiplied by the number of Units so designated by such Unitholder for
redemption. Units received for redemption by the Trustee on any day after the
Evaluation Time will be held by the Trustee until the next day on which the New
York Stock Exchange is open for trading and will be deemed to have been tendered
on such day for redemption at the Redemption Value computed on that day.
If applicable, any Certificates evidencing Units redeemed pursuant to this
Section 5.02 shall be cancelled by the Trustee and the Unit or Units evidenced
by such Certificates shall be extinguished by such redemptions.
(17) The heading and the first sentence of Section 5.04 are hereby amended
as follows:
SECTION 5.04. UNITS HELD THROUGH THE DEPOSITORY TRUST COMPANY OR A
SUCCESSOR CLEARING AGENCY. With the exception of Units held in certificated
form, no Unit may be registered in the name of any person other than DTC or its
nominee (or such other clearing agency registered as such pursuant to Section
17A of the Exchange Act of 1934 designated as successor to DTC by the
Depositors, or the Trustee or the nominee thereof) (DTC and any such successor
clearing agency are herein referred to as the "CLEARING AGENCY") unless the
Clearing Agency advises the Trustee that it is no longer willing or able
properly to discharge its responsibilities with respect to the Units and the
Trustee is unable to locate a qualified successor clearing agency, in which case
the Trustee shall notify the Clearing Agency and instruct it to provide the
Trustee with the name and address of all persons who are the beneficial owners
of Units as registered on the books of the Clearing Agency (the "OWNERS").
(18) Article V is hereby amended by adding the following sections:
SECTION 5.06. TRANSFER OF UNITS; INTERCHANGE OF CERTIFICATES. A Unitholder may
transfer any of his Units by making a written request to the Trustee at its unit
investment trust office and, in the case of Units evidenced by a Certificate, by
presenting and surrendering such Certificate at such office properly endorsed or
accompanied by a written instrument or instruments of transfer in form
satisfactory to the Trustee. Unitholders must sign such written request, and
such Certificate of transfer instrument, exactly as their name appears on the
records of the Trustee and on any Certificate representing the Units to be
transferred. Such signature must be guaranteed by a participant in the
Securities Transfer Agents Medallion Program ("STAMP") or such other signature
guarantee program in addition to, or in substitution for, STAMP, as may be
accepted by the Trustee. Such transfer shall thereupon be made on the records of
the Trustee and, if appropriate, a new registered Certificate or Certificates
for the same number of Units of the same Trust shall be issued in exchange and
substitution therefor. Certificates issued pursuant to this Agreement are
interchangeable for one or more other Certificates of the same Trust in an equal
aggregate number of Units and all Certificates issued shall be issued in
denominations of one Unit or any whole multiple thereof as may be requested by
the Unitholder. The Trustee may deem and treat the person in whose name any Unit
or Certificate shall be registered upon the books of the Trustee as the owner of
such Unit or Certificate for all purposes hereunder and the Trustee shall not be
affected by any notice to the contrary. The transfer books maintained by the
Trustee for each Trust for the purpose of this Section 5.06 shall be closed for
an individual Trust as such Trust is terminated pursuant to Article IX hereof.
A sum sufficient to cover any tax or other governmental charge that may be
imposed in connection with any such transfer or interchange shall be paid to the
Trustee. A Unitholder may be required to pay $2 (or such other amount as may be
specified by the Trustee and approved by the Depositor) for each new Certificate
issued on any such transfer or interchange.
All Certificates cancelled pursuant to this Agreement, other than those
endorsed for transfer, may be cremated or otherwise destroyed by the Trustee.
SECTION 5.07. REPLACEMENT OF CERTIFICATES. In case any Certificate shall become
mutilated or be destroyed, stolen or lost, the Trustee shall execute and deliver
a new Certificate in exchange and substitution therefor upon the Unitholder's
furnishing the Trustee with proper identification and satisfactory indemnity,
complying with such other reasonable regulations and conditions as the Trustee
may prescribe and paying such expenses as the Trustee may incur, PROVIDED,
HOWEVER, that if the particular Trust has terminated or is in the process of
termination, the Trustee, in lieu of issuing such new Certificate, may, upon the
terms and conditions set forth herein, make the distributions set forth in
Section 9.02 hereof. Any mutilated Certificate shall be duly surrendered and
cancelled before any duplicate Certificate shall be issued in exchange and
substitution therefor. Any duplicate Certificate issued pursuant to this Section
5.07 shall constitute complete and indefeasible evidence of ownership in the
Trust, as if originally issued, whether or not the lost, stolen or destroyed
Certificate shall be found at any time. Upon issuance of any duplicate
Certificate pursuant to this Section 5.07, the Certificate claimed to have been
lost, stolen or destroyed shall become null and void and of no effect, and any
bona fide purchaser thereof shall have only such rights as are afforded under
Article 8 of the Uniform Commercial Code to a holder presenting a Certificate
for transfer in the case of an over issue.
(19) The second paragraph of Section 9.02 is hereby amended as follows:
In the event of a termination, the Trustee shall proceed to liquidate the
Securities then held and make the payments and distributions provided for
hereinafter in this Section 9.02 based on such Unitholder's pro rata interest in
the balance of the Principal and Interest Accounts after the deductions herein
provided. Written notice shall be given by the Trustee in connection with any
termination to each Unitholder at his address appearing on the registration
books of the Trustee and in connection with a Mandatory Termination Date such
notice shall be given no later than 30 days before the Mandatory Termination
Date. For Unitholders holding units in certificated form, written notice of any
termination specifying the time or times at which such Unitholders may surrender
their Certificates for cancellation shall be given to each such Unitholder.
(20) Subsection (d) of Section 9.02 is hereby amended as follows:
(d) make final distributions from such Trust, as follows:
(i) to each Unitholder receiving distribution in cash, upon surrender for
cancellation of his Certificate or Certificates, if applicable, such holder's
pro rata share of the cash balances of the Interest and Principal Accounts; and
(ii) on the conditions set forth in Section 3.05 hereof, to all
Unitholders, upon surrender for cancellation of their respective Certificate or
Certificates, if applicable, their pro rata share of the balance of the Reserve
Account.
(21) Section 9.03 is amended by adding the following at the end of the
final paragraph:
In the event that all of the Unitholders holding Certificates of such Trust
shall not surrender their Certificates for cancellation within six months after
the time specified in the above-mentioned written notice, the Trustee shall give
a second written notice to such remaining Unitholders to surrender their written
Certificates for cancellation and receive the liquidation distribution with
respect thereto. If within one year after the second notice all the Certificates
of such Trust shall not have been surrendered for cancellation, the Trustee may
take steps, or may appoint an agent to take appropriate steps, to contact such
remaining Unitholders concerning surrender of their Certificates and the cost
thereof shall be paid out of the moneys and other assets which remain in such
Trust hereunder.
This
Reference Trust Agreement shall be deemed effective when executed and
delivered by the Sponsor and the Trustee.
IN WITNESS WHEREOF, the parties hereto have caused this
Reference Trust
Agreement to be duly executed.
CLAYMORE SECURITIES, INC. Depositor
By
Title: Chief Financial Officer
THE BANK OF NEW YORK, Trustee
By
Title: Vice President
SCHEDULE A
SECURITIES INITIALLY DEPOSITED
CLAYMORE SECURITIES DEFINED PORTFOLIOS, SERIES 130
(Note: Incorporated herein and made a part hereof is the "Trust Portfolio(s)" as
set forth in the Prospectus.)
