Authorization and Limitation for Trustee to Modify Language Sample Clauses

Authorization and Limitation for Trustee to Modify Language. The Trustee is authorized to modify the language of the Trust provisions as such are contained in Article VIII, TRUST POWERS, provided however, that such modification of language shall not materially affect the rights of Beneficiaries or the method by which the Trust would be taxed but for any such modification. The Trustor acknowledges that the purpose for providing authority for the Trustee to alter or modify the language of the Trust Powers is for the sole purpose of meeting any unique requirements of any financial institution or governmental agency that may be required for the Trust to function efficiently and effectively for the purpose for which it was brought into existence. This authorization is granted in recognition that it has commonly been found that institutions arbitrarily and periodically change their requirements as to the peculiar verbiage for a particular institution which may be required to enable the Trustee to effectively utilize the Trust Powers. This also gives the Beneficiaries discretion to appoint a qualified corporate trustee that otherwise would not accept but for adoption of its standard language concerning its management or investment authority. In the event that the Trustee attempts to bring about a modification in accordance with this section and it is found to adversely affect the rights of any Beneficiary in any respect whatsoever, and/or the modification in any way which would adversely affect the taxation of the Trust or its Beneficiaries as it applies to income taxation, or taxation of inter vivos gifting, or transfer tax imposed by virtue of the death of the Trustor, then such attempted modification of language shall be treated as void. In the event of an unintended result, the Trustee is directed to rescind all transactions that were performed under this section allowing change of verbiage. Where necessary and appropriate, the Trustee is directed and authorized to obtain the approval of a Court of competent jurisdiction to effectuate any change or rescission.
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Related to Authorization and Limitation for Trustee to Modify Language

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  • Right of Trustee to Rely on Officers' Certificate, etc Subject to Sections 6.1 and 6.2, whenever in the administration of the trusts of this Indenture the Trustee shall deem it necessary or desirable that a matter be proved or established prior to taking or suffering or omitting any action hereunder, such matter (unless other evidence in respect thereof be herein specifically prescribed) may, in the absence of negligence or bad faith on the part of the Trustee, be deemed to be conclusively proved and established by an Officers' Certificate delivered to the Trustee, and such certificate, in the absence of negligence or bad faith on the part of the Trustee, shall be full warrant to the Trustee for any action taken, suffered or omitted by it under the provisions of this Indenture upon the faith thereof.

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