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Re: None

Friday, 04/19/2019 11:43:28 AM

Friday, April 19, 2019 11:43:28 AM

Post# of 734389
Right from the Delaware Statutes:

What is the governing instrument? The POR of which the LT agreement is part. What did the Final Stipulation do? It had a provision "adding" to the definition of "preferred equity interest". The LT had no power or authority to amend the POR. AG wins.

Delaware Statutory Trust
§ 3801 Definitions.

A statutory trust is not required to execute its governing instrument. A statutory trust is bound by its governing instrument whether or not the statutory trust executes the governing instrument. A beneficial owner or a trustee is bound by the governing instrument whether or not such beneficial owner or trustee executes the governing instrument. A governing instrument is not subject to any statute of frauds (including § 2714 of Title 6).

http://delcode.delaware.gov/title12/c038/sc01/index.shtml
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