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Clause: Amended and Restated By-Laws

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Amended and Restated By-Laws. The Amended and Restated By-laws shall have been duly adopted.

Amended and Restated By-Laws. The Board and the requisite holders of Company Stock shall have approved the Amended and Restated By-laws, with such By-laws to be effective as of the Closing.

Amended and Restated By-Laws. The Corporation shall have duly adopted the Amended and Restated By-laws in the form of Exhibit C, which shall be in full force and effect as of the Closing and shall not have been amended and modified.

Amended and Restated By-Laws. The Company shall have adopted amended and restated by-laws (the “Amended Bylaws”) in the form of Exhibit B attached hereto.

Amended and Restated By-Laws. A copy of the Amended and Restated By-laws of Company in the form attached hereto as Exhibit B, certified by the Secretary of the Company.

Amended and Restated By-Laws. At or immediately prior to the ---------------------------- Effective Time of the Merger, the Company shall amend and restate its By-Laws (the "Amended and Restated By-Laws").

Amended and Restated By-Laws. The Amended and Restated By-laws shall have been adopted by the Board of Directors of the Company and no action has been taken to further amend, modify or repeal such Amended and Restated By-laws.

Amended and Restated By-Laws. The Company shall at all times cause its Amended and Restated By-laws to provide that, (a) unless otherwise required by the laws of the State of Delaware, (i) the Chairman of the Board of Directors, (ii) the President of the Company, (iii) a majority of the directors, or (iv) the holders of not more than a majority of the issued and outstanding shares of the Company entitled to vote for the election of directors shall have the right to call a meeting of the stockholders, (b) (i) the Chairman of the Board of Directors, (ii) the President of the Company, or (iii) one-third of the directors (rounded up to the nearest whole number) shall have the right to call a meeting of the Board of Directors, and (c) the number of directors fixed in accordance therewith shall in no event conflict with any of the terms or provisions of the Charter. The Company shall at all times maintain provisions in its By-laws and/or Charter indemnifying all directors against liability and absolving all directors from liability to the Company and its stockholders to the maximum extent permitted under the laws of the State of Delaware.

Amended and Restated By-Laws. Amendment to the Amended and Restated By-Laws of the Company, dated as of June 10, 2016 (incorporated by reference to the Company’s Current Report on Form 8-K filed on June 14, 2016).

Effect of Amendment and Restatement It is the intent of the parties hereto that this Agreement shall, as of the date hereof, replace in its entirety the Original Trust Agreement; provided, however, that with respect to the period of time from January 20, 2021 through the date hereof, the rights and obligations of the parties shall be governed by the Original Trust Agreement; and provided further, that the amendment and restatement of the Original Trust Agreement shall not affect any of the grants, conveyances or transfers contemplated by the Original Trust Agreement to have occurred prior to the date hereof.
Amendment of Agreement This Agreement may be amended only by written agreement of the Adviser and the Sub-Adviser and only in accordance with the provisions of the 1940 Act and the rules and regulations promulgated thereunder.