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Title: |
Trust Agreement |
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Date: |
2004 |
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Preview shows 4KB of 10KB total |
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Price: |
$35 |
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ID: |
#1541857 |
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TRUST AGREEMENT
OF
JPMORGAN CHASE CAPITAL XVII
THIS TRUST AGREEMENT is made as of July 29, 2004 (this Trust Agreement), by and among JPMorgan Chase & Co., as Depositor (the Depositor), and The Bank of New York (Delaware), as trustee (the Delaware Trustee), and Dina Dublon, as trustee, and David Edelson, as trustee (jointly, the Administrative Trustees and collectively with the Delaware Trustee, the Trustees). The Depositor and the Trustees hereby agree as follows:
1. The trust created hereby shall be known as JPMorgan Chase Capital XVII (the Trust), in which name the Trustees or the Depositor, to the extent provided herein, may conduct the business of the Trust, make and execute contracts, and sue and be sued.
2. The Depositor hereby assigns, transfers, conveys and sets over to the Trust the sum of $10. The Trustees hereby acknowledge receipt of such amount from the Depositor, which amount shall constitute the initial trust estate. The Trustees hereby declare that they will hold the trust estate in trust for the Depositor. It is the intention of the parties hereto that the Trust created hereby constitute a statutory trust under Chapter 38 of Title 12 of the Delaware Code, 12 Del. C. 3801, et seq. (the Statutory Trust Act), and that this document constitute the governing instrument of the Trust. The Trustees are hereby authorized and directed to execute and file a certificate of trust with the Delaware Secretary of State in such form as the Trustees may approve.
3. An amended and restated Trust Agreement satisfactory to each party to it and substantially in the form to be included as an exhibit to the 1933 Registration Statement (as herein defined), or in such other form as the parties thereto may approve, will be entered into to provide for the contemplated operation of the Trust created hereby and the issuance of the Preferred or Capital Securities and Common Securities referred to therein. Prior to the execution and delivery of such amended and restated Trust Agreement, the Trustees 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. Notwithstanding the foregoing, the Trustees may take all actions deemed proper as are necessary to effect the transactions contemplated herein.
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