Common use of Conflicting Claims to Beneficial Interests Clause in Contracts

Conflicting Claims to Beneficial Interests. If any conflicting claims or demands are made or asserted with respect to the ownership or control of the Beneficial Interest of any Beneficiary, or if there is any disagreement among persons claiming to be Permitted Transferees of a Beneficial Interest resulting in adverse claims or demands being made in connection with such Beneficial Interest (an "OWNERSHIP DISPUTE"), then, in any of such events, the Trustee shall be entitled, at its sole election, to refuse to comply with any demand or direction made by any party to such Ownership Dispute. In so refusing, the Trustee may elect to make no payment or distribution with respect to the Beneficial Interest relating to the Ownership Dispute, or any part thereof, and to refer such Ownership Dispute to the Court having jurisdiction over the Trust, which shall have exclusive jurisdiction over resolution of such Ownership Dispute. In so doing, the Trustee shall not be or become liable to any of such parties for its refusal to comply with any demand or direction made by them nor shall the Trustee be liable for interest on any funds which it may so withhold. The Trustee shall be entitled to refuse to act until either (i) the rights of the adverse claimants have been adjudicated by a final judgment of such Court or (ii) all differences have been resolved by a valid written agreement among all of such parties and the Trustee, which agreement shall include a complete release of the Trustee.

Conflicting Claims to Beneficial Interests. If any conflicting claims or demands are made or asserted with respect to the ownership or control of the Beneficial Interest Common Equity Trust Interests of any Beneficiaryholder thereof, or if there is any disagreement among persons claiming to be Permitted Transferees permitted successors of a Beneficial Interest any Common Equity Trust Interests resulting in adverse claims or demands being made in connection with such Beneficial Interest Common Equity Trust Interests (an "OWNERSHIP DISPUTEOwnership Dispute"), then, in any of such events, the Trustee shall be entitled, at its sole election, entitled to refuse to comply with any demand or direction made by any party to such Ownership Dispute. In so refusing, the Trustee may elect to make no payment or distribution with respect to the Beneficial Interest Common Equity Trust Interests relating to the Ownership Dispute, or any part thereof, and to refer such Ownership Dispute to the Court having jurisdiction over the TrustBankruptcy Court, which shall have exclusive jurisdiction over resolution of such Ownership Dispute. In so doing, the Trustee shall not be or become liable to any of such parties for its refusal to comply with any demand or direction made by them them, nor shall the Trustee be liable for interest on any funds which it may so withhold. The Trustee shall be entitled to refuse to act until either (i) the rights of the adverse claimants have been adjudicated by a final judgment of such the Bankruptcy Court or (ii) all differences have been resolved by a valid written agreement among all of such parties and the Trustee, which agreement shall include a complete release of the Trustee.

Conflicting Claims to Beneficial Interests. If any conflicting claims or demands are made or asserted with respect to the ownership or control of the Beneficial Interest Preferred Equity Trust Interests of any Beneficiaryholder thereof, or if there is any disagreement among persons claiming to be Permitted Transferees permitted successors of a Beneficial Interest any Preferred Equity Trust Interests resulting in adverse claims or demands being made in connection with such Beneficial Interest Preferred Equity Trust Interests (an "OWNERSHIP DISPUTEOwnership Dispute"), then, in any of such events, the Trustee shall be entitled, at its sole election, entitled to refuse to comply with any demand or direction made by any party to such Ownership Dispute. In so refusing, the Trustee may elect to make no payment or distribution with respect to the Beneficial Interest Preferred Equity Trust Interests relating to the Ownership Dispute, or any part thereof, and to refer such Ownership Dispute to the Court having jurisdiction over the TrustBankruptcy Court, which shall have exclusive jurisdiction over resolution of such Ownership Dispute. In so doing, the Trustee shall not be or become liable to any of such parties for its refusal to comply with any demand or direction made by them them, nor shall the Trustee be liable for interest on any funds which it may so withhold. The Trustee shall be entitled to refuse to act until either (i) the rights of the adverse claimants have been adjudicated by a final judgment of such the Bankruptcy Court or (ii) all differences have been resolved by a valid written agreement among all of such parties and the Trustee, which agreement shall include a complete release of the Trustee.