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Exhibit (a)(1)(A)
DECLARATION OF TRUST OF DECS TRUST VIII
Declaration of Trust, dated as of October 30, 2001, between
Xxxx Xxxxxx, as sponsor (the "Sponsor"), and Xxxxxx X. Xxxxxxx, as trustee (the
"Trustee"). The Sponsor and the Trustee hereby agree as follows:
The trust created hereby shall be known as "DECS Trust VIII", 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.
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.
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.
This Declaration of Trust may be executed in one or more counterparts.
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 X. Xxxxxx
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Xxxx Xxxxxx, as Sponsor
TRUSTEE
/s/ Xxxxxx X. Xxxxxxx
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Xxxxxx X. Xxxxxxx, as Trustee
