Amendment by Referendum Sample Clauses

Amendment by Referendum. Subject to the provisions of this section, this Agreement may be amended by written agreement among the Settlor and the Trustees, if execution and delivery of any such amending agreement by the Settlor has been authorized by a majority of the Adult Members voting in favour at a Referendum held for such purpose. No amendment to this Trust Agreement may be made at any time which would permit access by the Settlor or Beneficiaries to the principal of the Trust Capital Account or which would reduce the principal amount of the Trust Capital Account to an amount which is less than the aggregate of the following: (a) the amount of the Settlement Monies deposited into the Trust Capital Account pursuant to Section 3.1 (d); and (b) a sum equal to the interest that would have been earned on such amount if it had been invested and earned interest expressed as a percentage which is equal to the percentage increase in the consumer price index, if any, between the end of the first Fiscal Year of the Trust and the end of the immediately preceding Fiscal Year as reported by Statistics Canada (British Columbia - all items). The provisions of this Section 21. l are unalterable and may not be amended by Referendum or otherwise.