IRREVOCABLE TRUST AGREEMENT TO PROVIDE FOR CERTAIN POTENTIAL CLAIMS OF BE, INC.Irrevocable Trust Agreement • May 18th, 2004 • Be Inc • Services-computer integrated systems design • California
THIS TRUST AGREEMENT, dated as of April 9, 2004, is made by and between BE, INC., as Grantor (the “Grantor”), WILMINGTON TRUST COMPANY, a Delaware banking corporation (in its individual capacity, the “Trust Company”, and not in its individual capacity but solely as Resident Trustee hereunder, the “Resident Trustee”) and Dan S. Johnston, an individual (in his individual capacity, “Johnston”, and not in his individual capacity but solely as Trustee hereunder, the “Trustee”) and their successors upon the terms and conditions set forth below.
