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Trust Agreement
Trust Agreement (80K)
Doc #419048: Click preview link for longer preview.
TRUST AGREEMENT
OF
CHAPARRAL STEEL TRUST
This TRUST AGREEMENT is made as of this 29th day of February, 1996, by and
among Chaparral Steel Holdings, Inc., a Delaware corporation, as Settlor, and
Larry L Clark, Richard M. Fowler, Robert C. Moore, and Delaware Trust Capital
Management, a Delaware corporation, as Trustees.
RECITALS
WHEREAS, the Settlor desires to establish a business trust under and in
accordance with Chapter 38 of Title . . .
419048
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Trust Agreement
Trust Agreement (80K)
Doc #419078: Click preview link for longer preview.
TRUST AGREEMENT
OF
TEXAS INDUSTRIES TRUST
This TRUST AGREEMENT is made as of this 29th day of May, 1996, by and among
Texas Industries Holdings, Inc., a Delaware corporation, as Settlor, and James
R. McCraw, Richard M. Fowler, Robert C. Moore, and Delaware Trust Capital
Management, a Delaware corporation, as Trustees.
RECITALS
WHEREAS, the Settlor desires to establish a business trust under and in
accordance with Chapter 38 of Title . . .
419078
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Texas Industries
As referenced in this Trust Agreement:
Texas Industries, Inc – to preclude the
Trustees from also serving as officers, representatives, or agents of the
Trust, the Beneficiary, TXI Texas, Inc., a Delaware corporation, Texas
Industries Holdings, Inc., a Delaware corporation, Texas Industries, Inc .,
a Delaware corporation, TXI Operating Trust or TXI Operations, L.P.
(o) Trust Estate. "Trust Estate" shall mean, as of any particular
time, any and all property, real or
_____________
Texas Industries, Inc – of the Trust; to promote any of the purposes for which the
Trust is formed; and to carry out the provisions of this Agreement.
(y) To guarantee the debt of Texas Industries, Inc .
(z) To cause to be filed the Certificate with the Delaware Secretary
of State including any amendment or cancellation of such Certificate.
4.4 By-Laws. The Managing Trustees
_____________
Texas Industries, Inc – Section 7.4 to
the contrary, in the event there is any conflict between the provisions of
this Section 7.4 and the provisions of the Articles of Incorporation for
Texas Industries, Inc . the provisions of such Articles of Incorporation
shall control; provided, however, the preceding provisions of this Section
7.4(g) shall have no effect on the rights and obligations
_____________
dt 1417769
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Trust Agreement
Trust Agreement (80K)
Doc #419091: Click preview link for longer preview.
TRUST AGREEMENT
OF
TXI OPERATING TRUST
This TRUST AGREEMENT is made as of this 29th day of May, 1996, by and among
TXI Texas, Inc., a Delaware corporation, as Settlor, and James R. McCraw,
Richard M. Fowler, Robert C. Moore, and Delaware Trust Capital Management, a
Delaware corporation, as Trustees.
RECITALS
WHEREAS, the Settlor desires to establish a business trust under and in
accordance with Chapter 38 of Title 12 of the Delaware . . .
419091
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Texas Industries
As referenced in this Trust Agreement:
Texas Industries,
Inc – to preclude the
Trustees from also serving as officers, representatives, or agents of the
Trust, the Beneficiary, Texas Industries Holdings, Inc., a Delaware
corporation, TXI Texas, Inc., a Delaware corporation, Texas Industries,
Inc ., a Delaware corporation, Texas Industries Trust or TXI Operations,
L.P.
(o) Trust Estate. "Trust Estate" shall mean, as of any particular
time, any and all property, real or
_____________
Texas Industries, Inc – of the Trust; to promote any of the purposes for which the
Trust is formed; and to carry out the provisions of this Agreement.
(y) To guarantee the debt of Texas Industries, Inc .
(z) To cause to be filed the Certificate with the Delaware Secretary
of State including any amendment or cancellation of such Certificate.
4.4 By-Laws. The Managing Trustees
_____________
Texas Industries, Inc – Section 7.4 to
the contrary, in the event there is any conflict between the provisions of
this Section 7.4 and the provisions of the Articles of Incorporation for
Texas Industries, Inc . the provisions of such Articles of Incorporation
shall control; provided, however, the preceding provisions of this Section
7.4(g) shall have no effect on the rights and obligations
_____________
dt 1417770
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Closed Investment Trust Agreement
Closed Investment Trust Agreement (70K)
Doc #419532: Click preview link for longer preview.
CLOSED INVESTMENT TRUST AGREEMENT entered into this 9/th/ (ninth) day of
December, 1999 by the individuals whose names and personal information appear on
the signature page hereof and in the document attached hereto as Appendix A
(collectively, the "First Place Trust Founders-Beneficiaries"); and the
individuals whose names and personal information appear on the signature page
hereof and in the document attached hereto as Appendix B (collectively, the
"Second Place Trust Founders-Beneficiaries" and, together with the First Place
Trust Founders-Beneficiaries, the Trust Founders); Cemex, S.A. de C.V. (the
"Creditor Trust Beneficiary") and Citibank Mexico, S.A., Citibank Financial
Group, Trust Division (the "Trustee") pursuant to the following Recitals and
Clauses:
Recitals
I. Each of the First Place Trust Founders-Beneficiaries individually and
directly represent that following statements are true:
(a) He/she is an individual (i) whose personal information is given in the
document attached hereto as Appendix A; (ii) with full legal capacity to
contract and bind him/herself in the terms hereof; and (iii) is married
under the system indicated on the pertinent signature page hereof, and
therefore, if necessary, his/her spouse gives their consent to the signing
of this Agreement in the terms set forth on the signature pages.
(b) It is his/her will to enter into this Agreement and make the Initial
Contributions (as that term is defined below) indicated in the List of
Initial Contributions (as that term is defined below) to the trust.
(c) It is his/her will to designate Citibank, Mexico, S.A., Citibank Financial
Group, Trust Division, as Trustee, and instruct and authorize it to act in
accordance with the written instructions received from the Technical
Committee; and
(d) He/she is aware and agrees that (i) this Agreement will have no legal
effect whatsoever until the Trustee, the Creditor Trust Beneficiary and
each and every one of the Trust Founders and, if necessary, their
respective spouses, have granted their consent by signing the signature
pages hereof; and (ii) only the Trustee, the Creditor Trust Beneficiary and
the Trust Founders will be parties to this Agreement, and under no
circumstances will third parties be permitted to join.
(e) Each and every one of them are board members, management committee members
and/or executives of Cemex, S.A. de C.V. and/or any of its subsidiaries;
therefore, according to the Issue Document (as that term is defined below),
they have the right to participate in the acquisition of the Optional
Certificates of Purchase (as that term is defined below).
(f) He/she is fully aware and agrees that the Trustee is not
{PAGE}
obligated in any way whatsoever under the terms and conditions of the Issue
Document.
II. Each of the Second Place Trust Founders-Beneficiaries individually and
directly represents that the following statements are true:
(a) He/she is an individual (i) whose personal information is given in the
document attached hereto as Appendix B; (ii) with full legal capacity to
contract and bind him/herself in the terms hereof; and (iii) is married
under the system indicated on the pertinent signature page hereof, and
therefore, if necessary, his/her spouse gives their consent to the signing
of this Agreement in the terms set forth on the signature pages.
(b) It is his/her will to enter into this Agreement and make the Initial
Contributions (as that term is defined below) indicated in the List of
Initial Contributions (as that term is defined below) to the trust.
(c) In terms of the corresponding Loan Documentation, he/she has received a
loan from the Creditor Trust Beneficiary in the amount of his/her Initial
Contribution (each one a Debt, and collectively, the Debts);
(d) It is his/her will to bind him/herself under the terms and conditions
hereof, on the understanding that he/she will acquire the rights
established herein up to the time of his/her Conversion (as that term is
defined below) into a First Place Trust Founder-Beneficiary as established
in Clause Eleven hereof;
(e) It is his/her will to designate Citibank, Mexico, S.A., Citibank Financial
Group, Trust Division, as Trustee, and instruct and authorize it to act in
accordance with the written instructions received from the Technical
Committee; and
(f) He/she is aware and agrees that (i) this Agreement will have no legal
effect whatsoever until the Trustee, the Creditor Trust Beneficiary and
each and every one of the Trust Founders and, if necessary, their
respective spouses, have granted their consent by signing the signature
pages hereof; and (ii) only the Trustee, the Creditor Trust Beneficiary and
the Trust Founders will be parties to this Agreement, and under no
circumstances will third parties be permitted to join.
(g) Each and every one of them are board members, management committee members
and/or executives of Cemex, S.A. de C.V. and/or any of its subsidiaries;
therefore, according to the Issue Document (as that term is defined below),
they have the right to participate in the acquisition of the Optional
Certificates of Purchase (as that term is defined below).
(h) He/she is fully aware and agrees that the Trustee is not obligated in any
way whatsoever under the terms and conditions of the Issue Document.
III. The Creditor Trust Beneficiary represents that the following statements are
true:
(a) It is a duly organized and validly existing corporation pursuant to Mexican
law;
(b) The individual who signs this Agreement in representation of the Creditor
Trust Beneficiary enjoys all the corporate powers and authorizations needed
419532
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CEMEX
As referenced in this Closed Investment Trust Agreement:
Cemex, S. – page
hereof and in the document attached hereto as Appendix B (collectively, the
"Second Place Trust Founders-Beneficiaries" and, together with the First Place
Trust Founders-Beneficiaries, the Trust Founders); Cemex, S. A. de C.V. (the
"Creditor Trust Beneficiary") and Citibank Mexico, S.A., Citibank Financial
Group, Trust Division (the "Trustee") pursuant to the following Recitals and
Clauses:
Recitals
I. Each
_____________
Cemex, S. – this Agreement, and under no
circumstances will third parties be permitted to join.
(e) Each and every one of them are board members, management committee members
and/or executives of Cemex, S. A. de C.V. and/or any of its subsidiaries;
therefore, according to the Issue Document (as that term is defined below),
they have the right to participate in the
_____________
Cemex, S. – this Agreement, and under no
circumstances will third parties be permitted to join.
(g) Each and every one of them are board members, management committee members
and/or executives of Cemex, S. A. de C.V. and/or any of its subsidiaries;
therefore, according to the Issue Document (as that term is defined below),
they have the right to participate in the
_____________
Cemex, S. – Mexicana de Valores, S.A. de C.V. [Mexican Stock
Exchange]
Proxy Letter: will have the meaning established in point (z) of sub-clause
(a) in Clause Thirteen hereof.
Cemex: Cemex, S. A. de C.V., a variable capital corporation duly organized
and validly existing pursuant to Mexican law.
OPCs: (i) the Ordinary Participation Certificates issued by Banamex in its
capacity as
_____________
Cemex, S. – Trust Account.
Three. Parties to the Trust. The parties hereto are: (i) the First Place Trust
Founders-Beneficiaries; (ii) the Second Place Trust Founders-Beneficiaries;
(iii) the Creditor Trust Beneficiary, Cemex, S. A. de S.V., with regard to the
Debts of the Second Place Trust Founders-Beneficiaries under the Loan
Documentation; and (iv) the Trustee, Citibank Mexico, S.A., Citibank Financial
_____________
dt 1505483
;
Citibank
As referenced in this Closed Investment Trust Agreement:
Citibank NA – will be subject to the
Value Added Tax, and must be paid exclusively in Dollars and same-day funds,
outside Mexican territory, by electronic transfer to account number 10991186
with Citibank NA , New York Branch, ABA 021000089, Re: Cemex 4, Attention:
Esteban Rivera, in the
{PAGE}
terms set forth in the document which, duly signed, is delivered to the Trustee
on
_____________
Citibank, N.A. – Beneficiary recognize that
the Trustee is part of the international financial group known as
Citigroup, and is therefore subject to the internal policies and rules
of Citigroup and its subsidiary Citibank, N.A. with regard to the
management and performance of trust services (the Internal Policies).
As a result, if any instructions from any of the parties or any other
action that
_____________
dt 1477779
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 Citibank
As referenced in this Closed Investment Trust Agreement:
Citibank NA – will be subject to the
Value Added Tax, and must be paid exclusively in Dollars and same-day funds,
outside Mexican territory, by electronic transfer to account number 10991186
with Citibank NA , New York Branch, ABA 021000089, Re: Cemex 4, Attention:
Esteban Rivera, in the
{PAGE}
terms set forth in the document which, duly signed, is delivered to the Trustee
on
_____________
Citibank, N.A. – Beneficiary recognize that
the Trustee is part of the international financial group known as
Citigroup, and is therefore subject to the internal policies and rules
of Citigroup and its subsidiary Citibank, N.A. with regard to the
management and performance of trust services (the Internal Policies).
As a result, if any instructions from any of the parties or any other
action that
_____________
dt 1477779
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Closed-End Investment Trust Agreement
Closed-End Investment Trust Agreement (159K)
Doc #419533: Click preview link for longer preview.
[logo] Banamex
Trust No. 111174-2
CLOSED-END INVESTMENT TRUST AGREEMENT ENTERED INTO BY THE FIRST PARTY RODRIGO
TREVINO MUGUERZA IN HIS CAPACITY AS TRUSTOR - TRUSTEE AND THE OTHER PARTY BANCO
NACIONAL DE MEXICO, S.A., MEMBER OF THE BANAMEX FINANCIAL GROUP FIDUCIARY
DIVISION, REPRESENTED IN THIS ACT BY MARIA DE LOS ANGELES MONETMAYOR GARZA AND
ELVA NELLY WING TREVINO AS FIDUCIARY, IN ACCORDANCE WITH THE FOLLOWING
DECLARATIONS AND SECTIONS:
DECLARATIONS:
I. The Trustor - Trustee, sworn to tell the truth, declares individually and
directly that:
(a) he is a physical person (i) whose personal information is stated in the
document that is attached to this Agreement as Appendix A; (ii) with full
legal capacity to enter into agreements and bind himself under the terms
and conditions of this Agreement; (iii) with full powers to encumber the
property in question herein, and (iv) that he is married under the terms
stated on the respective signatures page of this Agreement so that if
necessary his spouse can give her consent to enter into this Agreement
under the terms provided in the signature pages hereof;
(b) it is his will to enter into this Agreement and place in trust the Initial
Contribution as well as all other Contributions which may become necessary
for the fulfillment of the Purposes of the Trust as set forth in Section
Four of this Agreement;
(c) he manifests that the property and rights placed in this Trust for the
purposes stipulated in this agreement are of lawful origin and moreover he
undertakes to provide to the Fiduciary any information that may be required
of him for the purpose of compliance with the stipulations of article 115
of the Law of Credit Institutions and any and all other regulatory
provisions and internal policies of the Banco Nacional de Mexico, S.A., a
member of the Banamex Financial Group;
(d) it is his will to name Banco Nacional de Mexico, S.A., Banamex Financial
Group, as Fiduciary, to instruct and to authorize it to act in accordance
with the instructions received in writing from the Technical Committee; and
(e) he understands and agrees that (i) this Agreement does not have any legal
force until the Fiduciary, the Trustor - Trustee, and also Trustors -
Trustees who may become parties hereto, and if necessary, their respective
spouses, have given their consent by autographic signatures on the
signature pages of this Agreement and (ii) the only parties to this
Agreement shall be Trustors - Trustees who authorize the Technical
Committee to become party to this agreement, who at the time of their
becoming a party should be executives or persons who provide a service to
Grupo Cemex and under no circumstances shall third parties be permitted to
become members.
{PAGE}
[logo] Banamex
II. The Fiduciary, sworn to tell the truth, declares that:
(a) it is a corporation duly formed and legally existing pursuant to the laws
of Mexico and that it is authorized to be formed and to operate as a
multiple banking institution;
(b) it accepts its designation as Fiduciary, and agrees to take whatever
actions may be necessary to fulfill the purposes of the Trust in accordance
with the instructions it receives from the Technical Committee, and
(c) its representatives possess all the powers and authority necessary to enter
into this Agreement in representation of the Fiduciary, and that said
powers and authority have not been revoked or limited in any way.
Based on the above Declarations, the parties to this Agreement agree to execute
and submit to the provisions of the following:
SECTIONS:
One.- Definitions. The terms used with initial capital letters in this Agreement
shall have the meanings shown below:
"Contributions" means the Initial Contributions and any and all other
amounts of money in Dollars that the Member Trustors place in trust by
deposit in the Trust Account, under the terms set forth in Section Two and
Section Ten of this Agreement.
"Initial Contributions" means the amounts of money in Dollars that
both the Trustor as well as the Member Trustors place in trust on the
Closing Date by deposit in the Trust Account under the terms set forth
in Section Two of this Agreement.
"Agreement" means this Closed-End Investment Trust Agreement.
"CSC's" means (i) the Common Stock Certificates of Cemex, S.A. de C.V.
that are purchased in accordance with the instructions made in that
regard by the Technical Committee; or (ii) any other securities issued
in substitution of, or exchangeable for, said Common Stock
Certificates and which are backed by or are representative shares of
the capital stock of Cemex, S.A. de C.V.
"Purchased CSC's" shall have the meaning that is set forth in
subsection (a) number 5 paragraph (i) of Section Five of this
Agreement.
"Technical Committee" means the Technical Committee of this Trust,
formed under the terms and conditions of Section Nine of this
Agreement.
"Stock Brokerage Agreement" means the stock brokerage agreement that
the Fiduciary shall enter into with the Stock Broker, in accordance
419533
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CEMEX
As referenced in this Closed-End Investment Trust Agreement:
Cemex, S. – Trust Account under the terms set forth
in Section Two of this Agreement.
"Agreement" means this Closed-End Investment Trust Agreement.
"CSC's" means (i) the Common Stock Certificates of Cemex, S. A. de C.V.
that are purchased in accordance with the instructions made in that
regard by the Technical Committee; or (ii) any other securities issued
in substitution of, or
_____________
Cemex, S. – or (ii) any other securities issued
in substitution of, or exchangeable for, said Common Stock
Certificates and which are backed by or are representative shares of
the capital stock of Cemex, S. A. de C.V.
"Purchased CSC's" shall have the meaning that is set forth in
subsection (a) number 5 paragraph (i) of Section Five of this
Agreement.
"Technical Committee"
_____________
Cemex, S. – terms stipulated in Clause Two of this Agreement.
"Agreement" shall mean this Closed Investment Trust Agreement.
"CPO's" shall mean (i) the Ordinary Participation Certificates
(Certificados de Participacion Ordinaria) of Cemex, S. A. de C.V. that
are acquired in accordance with the instructions on this matter
indicated by the Technical Committee; or (ii) any other securities
issued in lieu of, or
_____________
Cemex, S. – the Technical Committee; or (ii) any other securities
issued in lieu of, or exchanged for, such Ordinary Participation
Certificates and that cover or are shares representing the capital stock
of Cemex, S. A. de C.V.
"Acquired CPO's" shall have the meaning set forth in paragraph (a),
paragraph 5, paragraph (i) of Clause Five of this Agreement.
"Technical Committee" shall mean
_____________
dt 1505484
;
Citibank
As referenced in this Closed-End Investment Trust Agreement:
Citibank,
N.A. – the Member Trustors shall make their deposits in American
Dollars in accordance with the following details: ABA No. 02100089 or
Swift Code CITIUS33 maintained as an agent of the Fiduciary, Citibank,
N.A. , 111 Wall Street 21st Floor, New York, New York, 10143,
Beneficiary Bank: BNMXMXMM SWIFT CODE) BANCO NACIONAL DE MEXICO, S.A.
(BANAMEX); Beneficiary Customer: Account 0525 9527092, FIDICUIARY
DIVISION,
_____________
Citibank,
N.A. – part of
Grupo Financiero Banamex, an integral part of the group recognized
internationally as "Citicorp" and therefore is subject to the internal
policies and regulations of Citicorp and its subsidiary Citibank,
N.A. , where the management and performance of trust department
services ("internal policies"), should any instruction from either of
the parties or any other act to be performed by the Trustee
_____________
Citibank,
N.A. – part of
Grupo Financiero Banamex, an integral part of the group recognized
internationally as "Citicorp" and therefore is subject to the internal
policies and regulations of Citicorp and its subsidiary Citibank,
N.A. , where the management and performance of trust department
services ("internal policies"), should any instruction from either of
the parties or any other act to be performed by the Trustee
_____________
Citibank,
N.A. – Trustors shall make their deposits in U.S.
dollars according to the following details: ABA No. 021000089 or Swift
Code CITIUS33, which is maintained, as the Trustee's agent, by Citibank,
N.A. , 111 Wall Street, 21st Floor, New York, N.Y. 10143, Beneficiary
Bank: BNMXMXMM SWIFT CODE) BANCO NACIONAL DE MEXICO, S.A. (BANAMEX);
Beneficiary customer: Account 0525 9527092, TRUST DIVISION,
_____________
Citibank, N.A. – of the
Banamex Financial Group, an integral part of the group internationally
known as "Citicorp," and therefore is subject to the internal policies
and rules of Citicorp and its subsidiary Citibank, N.A. , regarding the
administration and performance of trust services (the "Internal
Policies"), wherefore if any instruction from any of the parties or any
other act which the Trustee must perform
_____________
dt 1478455
;
|
Citibank
As referenced in this Closed-End Investment Trust Agreement:
Citibank,
N.A. – the Member Trustors shall make their deposits in American
Dollars in accordance with the following details: ABA No. 02100089 or
Swift Code CITIUS33 maintained as an agent of the Fiduciary, Citibank,
N.A. , 111 Wall Street 21st Floor, New York, New York, 10143,
Beneficiary Bank: BNMXMXMM SWIFT CODE) BANCO NACIONAL DE MEXICO, S.A.
(BANAMEX); Beneficiary Customer: Account 0525 9527092, FIDICUIARY
DIVISION,
_____________
Citibank,
N.A. – part of
Grupo Financiero Banamex, an integral part of the group recognized
internationally as "Citicorp" and therefore is subject to the internal
policies and regulations of Citicorp and its subsidiary Citibank,
N.A. , where the management and performance of trust department
services ("internal policies"), should any instruction from either of
the parties or any other act to be performed by the Trustee
_____________
Citibank,
N.A. – part of
Grupo Financiero Banamex, an integral part of the group recognized
internationally as "Citicorp" and therefore is subject to the internal
policies and regulations of Citicorp and its subsidiary Citibank,
N.A. , where the management and performance of trust department
services ("internal policies"), should any instruction from either of
the parties or any other act to be performed by the Trustee
_____________
Citibank,
N.A. – Trustors shall make their deposits in U.S.
dollars according to the following details: ABA No. 021000089 or Swift
Code CITIUS33, which is maintained, as the Trustee's agent, by Citibank,
N.A. , 111 Wall Street, 21st Floor, New York, N.Y. 10143, Beneficiary
Bank: BNMXMXMM SWIFT CODE) BANCO NACIONAL DE MEXICO, S.A. (BANAMEX);
Beneficiary customer: Account 0525 9527092, TRUST DIVISION,
_____________
Citibank, N.A. – of the
Banamex Financial Group, an integral part of the group internationally
known as "Citicorp," and therefore is subject to the internal policies
and rules of Citicorp and its subsidiary Citibank, N.A. , regarding the
administration and performance of trust services (the "Internal
Policies"), wherefore if any instruction from any of the parties or any
other act which the Trustee must perform
_____________
dt 1478455
;
Citigroup
As referenced in this Closed-End Investment Trust Agreement:
Citigroup, Inc – 2) Instruments of banking debt, either directly or as repurchase
agreement;
(3) Securities under the Federal Government, either directly or as
repurchase agreement.
U.S. Dollars
(1) Liabilities under Banamex, Citigroup, Inc . or any of their
subsidiaries, stated in US Dollars.
Seven.- Life of the Contract. This Contract shall be deemed as expired when all
expenses arising therefrom have been covered,
_____________
Citigroup Inc – 2) Bank debt instruments (direct or in a repurchase agreement)
3) Securities covered by the Federal Government (direct or in a repurchase
agreement)
US Dollars
1) Liabilities covered by Banamex, Citigroup Inc . or any other of its
subsidiaries, denominated in US dollars.
Regards,
30
{PAGE}
The Technical Committee
By: _______________________
Name: Mr. Rodrigo Trevino Muguerza, Engineer
Function: Chairman of the Technical
_____________
dt 1528031
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Subscribers | 2003 |
Trust Agreement
Trust Agreement (80K)
Doc #1466657: Click preview link for longer preview.
TRUST AGREEMENT
OF
TEXAS INDUSTRIES TRUST
This TRUST AGREEMENT is made as of this 29th day of May, 1996, by and among
Texas Industries Holdings, Inc., a Delaware corporation, as Settlor, and James
R. McCraw, Richard M. Fowler, Robert C. Moore, and Delaware Trust Capital
Management, a Delaware corporation, as Trustees.
RECITALS
WHEREAS, the Settlor desires to establish a business trust under and in
accordance with Chapter 38 of Title . . .
1466657
| |
Texas Industries
As referenced in this Trust Agreement:
Texas Industries, Inc – to preclude the
Trustees from also serving as officers, representatives, or agents of the
Trust, the Beneficiary, TXI Texas, Inc., a Delaware corporation, Texas
Industries Holdings, Inc., a Delaware corporation, Texas Industries, Inc .,
a Delaware corporation, TXI Operating Trust or TXI Operations, L.P.
(o) Trust Estate. "Trust Estate" shall mean, as of any particular
time, any and all property, real or
_____________
Texas Industries, Inc – of the Trust; to promote any of the purposes for which the
Trust is formed; and to carry out the provisions of this Agreement.
(y) To guarantee the debt of Texas Industries, Inc .
(z) To cause to be filed the Certificate with the Delaware Secretary
of State including any amendment or cancellation of such Certificate.
4.4 By-Laws. The Managing Trustees
_____________
Texas Industries, Inc – Section 7.4 to
the contrary, in the event there is any conflict between the provisions of
this Section 7.4 and the provisions of the Articles of Incorporation for
Texas Industries, Inc . the provisions of such Articles of Incorporation
shall control; provided, however, the preceding provisions of this Section
7.4(g) shall have no effect on the rights and obligations
_____________
dt 1664535
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| Preview
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Trust Agreement
Trust Agreement (80K)
Doc #1466685: Click preview link for longer preview.
TRUST AGREEMENT
OF
TXI OPERATING TRUST
This TRUST AGREEMENT is made as of this 29th day of May, 1996, by and among
TXI Texas, Inc., a Delaware corporation, as Settlor, and James R. McCraw,
Richard M. Fowler, Robert C. Moore, and Delaware Trust Capital Management, a
Delaware corporation, as Trustees.
RECITALS
WHEREAS, the Settlor desires to establish a business trust under and in
accordance with Chapter 38 of Title 12 of the Delaware . . .
1466685
| |
Texas Industries
As referenced in this Trust Agreement:
Texas Industries,
Inc – to preclude the
Trustees from also serving as officers, representatives, or agents of the
Trust, the Beneficiary, Texas Industries Holdings, Inc., a Delaware
corporation, TXI Texas, Inc., a Delaware corporation, Texas Industries,
Inc ., a Delaware corporation, Texas Industries Trust or TXI Operations,
L.P.
(o) Trust Estate. "Trust Estate" shall mean, as of any particular
time, any and all property, real or
_____________
Texas Industries, Inc – of the Trust; to promote any of the purposes for which the
Trust is formed; and to carry out the provisions of this Agreement.
(y) To guarantee the debt of Texas Industries, Inc .
(z) To cause to be filed the Certificate with the Delaware Secretary
of State including any amendment or cancellation of such Certificate.
4.4 By-Laws. The Managing Trustees
_____________
Texas Industries, Inc – Section 7.4 to
the contrary, in the event there is any conflict between the provisions of
this Section 7.4 and the provisions of the Articles of Incorporation for
Texas Industries, Inc . the provisions of such Articles of Incorporation
shall control; provided, however, the preceding provisions of this Section
7.4(g) shall have no effect on the rights and obligations
_____________
dt 1664536
|
| Preview
Subscribers | 2003 |
Trust Agreement
Trust Agreement (80K)
Doc #1796956: Click preview link for longer preview.
TRUST AGREEMENT
OF
TEXAS INDUSTRIES TRUST
This TRUST AGREEMENT is made as of this 29th day of May, 1996, by and among
Texas Industries Holdings, Inc., a Delaware corporation, as Settlor, and James
R. McCraw, Richard M. Fowler, Robert C. Moore, and Delaware Trust Capital
Management, a Delaware corporation, as Trustees.
RECITALS
WHEREAS, the Settlor desires to establish a business trust under and in
accordance with Chapter 38 of Title . . .
1796956
|
Texas Industries
As referenced in this Trust Agreement:
Texas Industries, Inc – to preclude the
Trustees from also serving as officers, representatives, or agents of the
Trust, the Beneficiary, TXI Texas, Inc., a Delaware corporation, Texas
Industries Holdings, Inc., a Delaware corporation, Texas Industries, Inc .,
a Delaware corporation, TXI Operating Trust or TXI Operations, L.P.
(o) Trust Estate. "Trust Estate" shall mean, as of any particular
time, any and all property, real or
_____________
Texas Industries, Inc – of the Trust; to promote any of the purposes for which the
Trust is formed; and to carry out the provisions of this Agreement.
(y) To guarantee the debt of Texas Industries, Inc .
(z) To cause to be filed the Certificate with the Delaware Secretary
of State including any amendment or cancellation of such Certificate.
4.4 By-Laws. The Managing Trustees
_____________
Texas Industries, Inc – Section 7.4 to
the contrary, in the event there is any conflict between the provisions of
this Section 7.4 and the provisions of the Articles of Incorporation for
Texas Industries, Inc . the provisions of such Articles of Incorporation
shall control; provided, however, the preceding provisions of this Section
7.4(g) shall have no effect on the rights and obligations
_____________
dt 1664539
;
| |
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Subscribers | 2003 |
Trust Agreement
Trust Agreement (80K)
Doc #1796969: Click preview link for longer preview.
TRUST AGREEMENT
OF
TXI OPERATING TRUST
This TRUST AGREEMENT is made as of this 29th day of May, 1996, by and among
TXI Texas, Inc., a Delaware corporation, as Settlor, and James R. McCraw,
Richard M. Fowler, Robert C. Moore, and Delaware Trust Capital Management, a
Delaware corporation, as Trustees.
RECITALS
WHEREAS, the Settlor desires to establish a business trust under and in
accordance with Chapter 38 of Title 12 of the Delaware . . .
1796969
|
Texas Industries
As referenced in this Trust Agreement:
Texas Industries,
Inc – to preclude the
Trustees from also serving as officers, representatives, or agents of the
Trust, the Beneficiary, Texas Industries Holdings, Inc., a Delaware
corporation, TXI Texas, Inc., a Delaware corporation, Texas Industries,
Inc ., a Delaware corporation, Texas Industries Trust or TXI Operations,
L.P.
(o) Trust Estate. "Trust Estate" shall mean, as of any particular
time, any and all property, real or
_____________
Texas Industries, Inc – of the Trust; to promote any of the purposes for which the
Trust is formed; and to carry out the provisions of this Agreement.
(y) To guarantee the debt of Texas Industries, Inc .
(z) To cause to be filed the Certificate with the Delaware Secretary
of State including any amendment or cancellation of such Certificate.
4.4 By-Laws. The Managing Trustees
_____________
Texas Industries, Inc – Section 7.4 to
the contrary, in the event there is any conflict between the provisions of
this Section 7.4 and the provisions of the Articles of Incorporation for
Texas Industries, Inc . the provisions of such Articles of Incorporation
shall control; provided, however, the preceding provisions of this Section
7.4(g) shall have no effect on the rights and obligations
_____________
dt 1664540
;
| |
| Preview
Subscribers | 2003 |
Trust Agreement
Trust Agreement (80K)
Doc #1816486: Click preview link for longer preview.
TRUST AGREEMENT
OF
TEXAS INDUSTRIES TRUST
This TRUST AGREEMENT is made as of this 29th day of May, 1996, by and among
Texas Industries Holdings, Inc., a Delaware corporation, as Settlor, and James
R. McCraw, Richard M. Fowler, Robert C. Moore, and Delaware Trust Capital
Management, a Delaware corporation, as Trustees.
RECITALS
WHEREAS, the Settlor desires to establish a business trust under and in
accordance with Chapter 38 of Title . . .
1816486
|
Texas Industries
As referenced in this Trust Agreement:
Texas Industries, Inc – to preclude the
Trustees from also serving as officers, representatives, or agents of the
Trust, the Beneficiary, TXI Texas, Inc., a Delaware corporation, Texas
Industries Holdings, Inc., a Delaware corporation, Texas Industries, Inc .,
a Delaware corporation, TXI Operating Trust or TXI Operations, L.P.
(o) Trust Estate. "Trust Estate" shall mean, as of any particular
time, any and all property, real or
_____________
Texas Industries, Inc – of the Trust; to promote any of the purposes for which the
Trust is formed; and to carry out the provisions of this Agreement.
(y) To guarantee the debt of Texas Industries, Inc .
(z) To cause to be filed the Certificate with the Delaware Secretary
of State including any amendment or cancellation of such Certificate.
4.4 By-Laws. The Managing Trustees
_____________
Texas Industries, Inc – Section 7.4 to
the contrary, in the event there is any conflict between the provisions of
this Section 7.4 and the provisions of the Articles of Incorporation for
Texas Industries, Inc . the provisions of such Articles of Incorporation
shall control; provided, however, the preceding provisions of this Section
7.4(g) shall have no effect on the rights and obligations
_____________
dt 1664541
;
| |
| Preview
Subscribers | 2003 |
Trust Agreement
Trust Agreement (80K)
Doc #1816504: Click preview link for longer preview.
TRUST AGREEMENT
OF
TXI OPERATING TRUST
This TRUST AGREEMENT is made as of this 29th day of May, 1996, by and among
TXI Texas, Inc., a Delaware corporation, as Settlor, and James R. McCraw,
Richard M. Fowler, Robert C. Moore, and Delaware Trust Capital Management, a
Delaware corporation, as Trustees.
RECITALS
WHEREAS, the Settlor desires to establish a business trust under and in
accordance with Chapter 38 of Title 12 of the Delaware . . .
1816504
|
Texas Industries
As referenced in this Trust Agreement:
Texas Industries,
Inc – to preclude the
Trustees from also serving as officers, representatives, or agents of the
Trust, the Beneficiary, Texas Industries Holdings, Inc., a Delaware
corporation, TXI Texas, Inc., a Delaware corporation, Texas Industries,
Inc ., a Delaware corporation, Texas Industries Trust or TXI Operations,
L.P.
(o) Trust Estate. "Trust Estate" shall mean, as of any particular
time, any and all property, real or
_____________
Texas Industries, Inc – of the Trust; to promote any of the purposes for which the
Trust is formed; and to carry out the provisions of this Agreement.
(y) To guarantee the debt of Texas Industries, Inc .
(z) To cause to be filed the Certificate with the Delaware Secretary
of State including any amendment or cancellation of such Certificate.
4.4 By-Laws. The Managing Trustees
_____________
Texas Industries, Inc – Section 7.4 to
the contrary, in the event there is any conflict between the provisions of
this Section 7.4 and the provisions of the Articles of Incorporation for
Texas Industries, Inc . the provisions of such Articles of Incorporation
shall control; provided, however, the preceding provisions of this Section
7.4(g) shall have no effect on the rights and obligations
_____________
dt 1664542
;
| |
| Preview
Subscribers | 2003 |
Trust Agreement
Trust Agreement (80K)
Doc #1828938: Click preview link for longer preview.
TRUST AGREEMENT
OF
TEXAS INDUSTRIES TRUST
This TRUST AGREEMENT is made as of this 29th day of May, 1996, by and among
Texas Industries Holdings, Inc., a Delaware corporation, as Settlor, and James
R. McCraw, Richard M. Fowler, Robert C. Moore, and Delaware Trust Capital
Management, a Delaware corporation, as Trustees.
RECITALS
WHEREAS, the Settlor desires to establish a business trust under and in
accordance with Chapter 38 of Title . . .
1828938
|
Texas Industries
As referenced in this Trust Agreement:
Texas Industries, Inc – to preclude the
Trustees from also serving as officers, representatives, or agents of the
Trust, the Beneficiary, TXI Texas, Inc., a Delaware corporation, Texas
Industries Holdings, Inc., a Delaware corporation, Texas Industries, Inc .,
a Delaware corporation, TXI Operating Trust or TXI Operations, L.P.
(o) Trust Estate. "Trust Estate" shall mean, as of any particular
time, any and all property, real or
_____________
Texas Industries, Inc – of the Trust; to promote any of the purposes for which the
Trust is formed; and to carry out the provisions of this Agreement.
(y) To guarantee the debt of Texas Industries, Inc .
(z) To cause to be filed the Certificate with the Delaware Secretary
of State including any amendment or cancellation of such Certificate.
4.4 By-Laws. The Managing Trustees
_____________
Texas Industries, Inc – Section 7.4 to
the contrary, in the event there is any conflict between the provisions of
this Section 7.4 and the provisions of the Articles of Incorporation for
Texas Industries, Inc . the provisions of such Articles of Incorporation
shall control; provided, however, the preceding provisions of this Section
7.4(g) shall have no effect on the rights and obligations
_____________
dt 1664543
;
| |
| Preview
Subscribers | 2003 |
Trust Agreement
Trust Agreement (80K)
Doc #1828961: Click preview link for longer preview.
TRUST AGREEMENT
OF
TXI OPERATING TRUST
This TRUST AGREEMENT is made as of this 29th day of May, 1996, by and among
TXI Texas, Inc., a Delaware corporation, as Settlor, and James R. McCraw,
Richard M. Fowler, Robert C. Moore, and Delaware Trust Capital Management, a
Delaware corporation, as Trustees.
RECITALS
WHEREAS, the Settlor desires to establish a business trust under and in
accordance with Chapter 38 of Title 12 of the Delaware . . .
1828961
|
Texas Industries
As referenced in this Trust Agreement:
Texas Industries,
Inc – to preclude the
Trustees from also serving as officers, representatives, or agents of the
Trust, the Beneficiary, Texas Industries Holdings, Inc., a Delaware
corporation, TXI Texas, Inc., a Delaware corporation, Texas Industries,
Inc ., a Delaware corporation, Texas Industries Trust or TXI Operations,
L.P.
(o) Trust Estate. "Trust Estate" shall mean, as of any particular
time, any and all property, real or
_____________
Texas Industries, Inc – of the Trust; to promote any of the purposes for which the
Trust is formed; and to carry out the provisions of this Agreement.
(y) To guarantee the debt of Texas Industries, Inc .
(z) To cause to be filed the Certificate with the Delaware Secretary
of State including any amendment or cancellation of such Certificate.
4.4 By-Laws. The Managing Trustees
_____________
Texas Industries, Inc – Section 7.4 to
the contrary, in the event there is any conflict between the provisions of
this Section 7.4 and the provisions of the Articles of Incorporation for
Texas Industries, Inc . the provisions of such Articles of Incorporation
shall control; provided, however, the preceding provisions of this Section
7.4(g) shall have no effect on the rights and obligations
_____________
dt 1664544
;
| |
| Preview
Subscribers | 2003 |
Trust Agreement
Trust Agreement (80K)
Doc #1829180: Click preview link for longer preview.
TRUST AGREEMENT
OF
TEXAS INDUSTRIES TRUST
This TRUST AGREEMENT is made as of this 29th day of May, 1996, by and among
Texas Industries Holdings, Inc., a Delaware corporation, as Settlor, and James
R. McCraw, Richard M. Fowler, Robert C. Moore, and Delaware Trust Capital
Management, a Delaware corporation, as Trustees.
RECITALS
WHEREAS, the Settlor desires to establish a business trust under and in
accordance with Chapter 38 of Title . . .
1829180
|
Texas Industries
As referenced in this Trust Agreement:
Texas Industries, Inc – to preclude the
Trustees from also serving as officers, representatives, or agents of the
Trust, the Beneficiary, TXI Texas, Inc., a Delaware corporation, Texas
Industries Holdings, Inc., a Delaware corporation, Texas Industries, Inc .,
a Delaware corporation, TXI Operating Trust or TXI Operations, L.P.
(o) Trust Estate. "Trust Estate" shall mean, as of any particular
time, any and all property, real or
_____________
Texas Industries, Inc – of the Trust; to promote any of the purposes for which the
Trust is formed; and to carry out the provisions of this Agreement.
(y) To guarantee the debt of Texas Industries, Inc .
(z) To cause to be filed the Certificate with the Delaware Secretary
of State including any amendment or cancellation of such Certificate.
4.4 By-Laws. The Managing Trustees
_____________
Texas Industries, Inc – Section 7.4 to
the contrary, in the event there is any conflict between the provisions of
this Section 7.4 and the provisions of the Articles of Incorporation for
Texas Industries, Inc . the provisions of such Articles of Incorporation
shall control; provided, however, the preceding provisions of this Section
7.4(g) shall have no effect on the rights and obligations
_____________
dt 1664545
;
| |
| Preview
Subscribers | 2003 |
Trust Agreement
Trust Agreement (80K)
Doc #1829208: Click preview link for longer preview.
TRUST AGREEMENT
OF
TXI OPERATING TRUST
This TRUST AGREEMENT is made as of this 29th day of May, 1996, by and among
TXI Texas, Inc., a Delaware corporation, as Settlor, and James R. McCraw,
Richard M. Fowler, Robert C. Moore, and Delaware Trust Capital Management, a
Delaware corporation, as Trustees.
RECITALS
WHEREAS, the Settlor desires to establish a business trust under and in
accordance with Chapter 38 of Title 12 of the Delaware . . .
1829208
|
Texas Industries
As referenced in this Trust Agreement:
Texas Industries,
Inc – to preclude the
Trustees from also serving as officers, representatives, or agents of the
Trust, the Beneficiary, Texas Industries Holdings, Inc., a Delaware
corporation, TXI Texas, Inc., a Delaware corporation, Texas Industries,
Inc ., a Delaware corporation, Texas Industries Trust or TXI Operations,
L.P.
(o) Trust Estate. "Trust Estate" shall mean, as of any particular
time, any and all property, real or
_____________
Texas Industries, Inc – of the Trust; to promote any of the purposes for which the
Trust is formed; and to carry out the provisions of this Agreement.
(y) To guarantee the debt of Texas Industries, Inc .
(z) To cause to be filed the Certificate with the Delaware Secretary
of State including any amendment or cancellation of such Certificate.
4.4 By-Laws. The Managing Trustees
_____________
Texas Industries, Inc – Section 7.4 to
the contrary, in the event there is any conflict between the provisions of
this Section 7.4 and the provisions of the Articles of Incorporation for
Texas Industries, Inc . the provisions of such Articles of Incorporation
shall control; provided, however, the preceding provisions of this Section
7.4(g) shall have no effect on the rights and obligations
_____________
dt 1664546
;
| |
| Preview
Subscribers | 2003 |
Trust Agreement
Trust Agreement (80K)
Doc #1829403: Click preview link for longer preview.
TRUST AGREEMENT
OF
TEXAS INDUSTRIES TRUST
This TRUST AGREEMENT is made as of this 29th day of May, 1996, by and among
Texas Industries Holdings, Inc., a Delaware corporation, as Settlor, and James
R. McCraw, Richard M. Fowler, Robert C. Moore, and Delaware Trust Capital
Management, a Delaware corporation, as Trustees.
RECITALS
WHEREAS, the Settlor desires to establish a business trust under and in
accordance with Chapter 38 of Title . . .
1829403
|
Texas Industries
As referenced in this Trust Agreement:
Texas Industries, Inc – to preclude the
Trustees from also serving as officers, representatives, or agents of the
Trust, the Beneficiary, TXI Texas, Inc., a Delaware corporation, Texas
Industries Holdings, Inc., a Delaware corporation, Texas Industries, Inc .,
a Delaware corporation, TXI Operating Trust or TXI Operations, L.P.
(o) Trust Estate. "Trust Estate" shall mean, as of any particular
time, any and all property, real or
_____________
Texas Industries, Inc – of the Trust; to promote any of the purposes for which the
Trust is formed; and to carry out the provisions of this Agreement.
(y) To guarantee the debt of Texas Industries, Inc .
(z) To cause to be filed the Certificate with the Delaware Secretary
of State including any amendment or cancellation of such Certificate.
4.4 By-Laws. The Managing Trustees
_____________
Texas Industries, Inc – Section 7.4 to
the contrary, in the event there is any conflict between the provisions of
this Section 7.4 and the provisions of the Articles of Incorporation for
Texas Industries, Inc . the provisions of such Articles of Incorporation
shall control; provided, however, the preceding provisions of this Section
7.4(g) shall have no effect on the rights and obligations
_____________
dt 1664547
;
| |
| Preview
Subscribers | 2003 |
Trust Agreement
Trust Agreement (80K)
Doc #1829419: Click preview link for longer preview.
TRUST AGREEMENT
OF
TXI OPERATING TRUST
This TRUST AGREEMENT is made as of this 29th day of May, 1996, by and among
TXI Texas, Inc., a Delaware corporation, as Settlor, and James R. McCraw,
Richard M. Fowler, Robert C. Moore, and Delaware Trust Capital Management, a
Delaware corporation, as Trustees.
RECITALS
WHEREAS, the Settlor desires to establish a business trust under and in
accordance with Chapter 38 of Title 12 of the Delaware . . .
1829419
|
Texas Industries
As referenced in this Trust Agreement:
Texas Industries,
Inc – to preclude the
Trustees from also serving as officers, representatives, or agents of the
Trust, the Beneficiary, Texas Industries Holdings, Inc., a Delaware
corporation, TXI Texas, Inc., a Delaware corporation, Texas Industries,
Inc ., a Delaware corporation, Texas Industries Trust or TXI Operations,
L.P.
(o) Trust Estate. "Trust Estate" shall mean, as of any particular
time, any and all property, real or
_____________
Texas Industries, Inc – of the Trust; to promote any of the purposes for which the
Trust is formed; and to carry out the provisions of this Agreement.
(y) To guarantee the debt of Texas Industries, Inc .
(z) To cause to be filed the Certificate with the Delaware Secretary
of State including any amendment or cancellation of such Certificate.
4.4 By-Laws. The Managing Trustees
_____________
Texas Industries, Inc – Section 7.4 to
the contrary, in the event there is any conflict between the provisions of
this Section 7.4 and the provisions of the Articles of Incorporation for
Texas Industries, Inc . the provisions of such Articles of Incorporation
shall control; provided, however, the preceding provisions of this Section
7.4(g) shall have no effect on the rights and obligations
_____________
dt 1664548
;
| |
| Preview
Subscribers | 2003 |
Trust Agreement
Trust Agreement (80K)
Doc #1829532: Click preview link for longer preview.
TRUST AGREEMENT
OF
TEXAS INDUSTRIES TRUST
This TRUST AGREEMENT is made as of this 29th day of May, 1996, by and among
Texas Industries Holdings, Inc., a Delaware corporation, as Settlor, and James
R. McCraw, Richard M. Fowler, Robert C. Moore, and Delaware Trust Capital
Management, a Delaware corporation, as Trustees.
RECITALS
WHEREAS, the Settlor desires to establish a business trust under and in
accordance with Chapter 38 of Title . . .
1829532
|
Texas Industries
As referenced in this Trust Agreement:
Texas Industries, Inc – to preclude the
Trustees from also serving as officers, representatives, or agents of the
Trust, the Beneficiary, TXI Texas, Inc., a Delaware corporation, Texas
Industries Holdings, Inc., a Delaware corporation, Texas Industries, Inc .,
a Delaware corporation, TXI Operating Trust or TXI Operations, L.P.
(o) Trust Estate. "Trust Estate" shall mean, as of any particular
time, any and all property, real or
_____________
Texas Industries, Inc – of the Trust; to promote any of the purposes for which the
Trust is formed; and to carry out the provisions of this Agreement.
(y) To guarantee the debt of Texas Industries, Inc .
(z) To cause to be filed the Certificate with the Delaware Secretary
of State including any amendment or cancellation of such Certificate.
4.4 By-Laws. The Managing Trustees
_____________
Texas Industries, Inc – Section 7.4 to
the contrary, in the event there is any conflict between the provisions of
this Section 7.4 and the provisions of the Articles of Incorporation for
|