EXHIBIT 4.4 CERTIFICATE OF TRUST OF LEUCADIA CAPITAL TRUST I THIS Certificate of Trust of Leucadia Capital Trust I (the "Trust"), dated as of January 10, 1997, is being duly executed and filed by the undersigned, as trustee, to form a business trust under the Delaware Business Trust Act (12 Del. C. Section 3801, et seq.). ---------- -- ---- 1. Name. The name of the business trust formed hereby is ---- Leucadia Capital Trust I. 2. Delaware Trustee. The name and business address of the ---------------- trustee of the Trust with a principal place of business in the State of Delaware are Chase Manhattan Bank Delaware, 1201 Market Street, Wilmington, Delaware 19801. 3. Effective Date. This Certificate of Trust shall be -------------- effective upon filing. IN WITNESS WHEREOF, the undersigned, being the trustee of the Trust, has executed this Certificate of Trust as of the date first-above written. CHASE MANHATTAN BANK DELAWARE, not in its individual capacity but solely as trustee of the Trust By:/s/ John J. Cashin -------------------------------- Name: John J. Cashin Title: Senior Trust Officer NYFS04...:\30\76830\0146\1197\EXH1317P.520