-29- advisers, and WTC. Mr. Sweeney had initially asked Ms. Lee to begin drafting the documents in a November 14, 1997, memorandum that set forth details regarding certain provisions to be included. Regarding purpose, the memorandum stated: You will recall that the purpose of the two Delaware business trusts is to preserve and coordinate Porter Schutt’s investment philosophy with respect to those trusts over which he has either direction or consent investment advice of which the Wilmington Trust Company is trustee, as well as his own funded revocable trust. Over the years, Porter Schutt has developed a buy and hold philosophy which has been quite successful, and he is anxious to have that philosophy preserved for his family for the future. In a January 6, 1998, telephone conversation, Mr. Howard pointed out, along with several minor drafting errors, what he considered to be a significant substantive problem with the provision then included in the trust documents regarding distributions. The initial drafts of the trust stated that net cashflow would be distributed at such times and in such amounts as determined by the trustee in his discretion. WTC wanted the trusts to provide for distribution of net cashflow at least annually. Mr. Sweeney thought that quarterly distributions could accord with decedent’s original intent, and the documents were revised to so provide, for further review by the participants. By a letter dated January 9, 1998, WTC confirmed its agreement with the form and content of the Schutt I and Schutt II indentures, and work proceeded to prepare and finalize the beneficiary consent documents. Like the trusts, the consentsPage: Previous 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 Next
Last modified: May 25, 2011