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<page> Certificate of Trust of W.R. Berkley Capital Trust This Certificate of Trust Is Being Executed as of December 11, 1996 for the Purposes of Organizing a Business Trust Pursuant to the Delaware Business Trust Act, 12 Del. C. Sections 3801 Et Seq. (The "Act"). the Undersigned Hereby Certifies as Follows: 1. Name. the Name of the Business Trust Is "W.R. Berkley Capital Trust" (The "Trust"). 2. Delaware Trustee. the Name and Business Address of the Delaware Resident Trustee of the Trust Meeting the Requirements of Section 3807 of the Act Are as Follows: The Bank of New York (Delaware) 400 White Clay Center, Route 273 Newark, New Castle County, Delaware 19711 3. Effective. This Certificate of Trust Shall Be Effective Immediately Upon Filing in the Office of the Secretary of State of the State of Delaware. <page> in Witness Whereof, the Undersigned, Being All of the Trustees of the Trust, Have Duly Executed This Certificate of Trust as of the Day and Year First Above Written. the Bank of New York (Delaware), as Delaware Trustee /S/ Joseph G. Ernst By: Name: Joseph G. Ernst Assistant Vice President Administrative Trustee /S/ John D. Vollaro By: Name: John D. Vollaro Administrative Trustee /S/ Anthony J. Del Tufo By: Name: Anthony J. Del Tufo Administrative Trustee /S/ Robert S. Gorin By: Name: Robert S. Gorin 2
