Common use of Consent of Beneficiaries Clause in Contracts

Consent of Beneficiaries. At the ------------------------ direction or with the consent of Beneficiaries holding Trust Units representing at least a majority of the aggregate Beneficial Interests in the Trust, or such greater percentage as shall be specified in this Agreement for the taking of an action by the Beneficiaries under the affected provision of this Agreement, the Trustee shall promptly make and execute a declaration amending this Agreement for the purpose of adding any material provisions to or changing in any material manner or eliminating any of the material provisions of this Agreement or amendments thereto as they apply to the Trust; provided, however, that no such amendment shall permit the Trustee to engage in any activity prohibited by Section 6.1 hereof or affect the Beneficiaries' rights to receive their pro rata shares of the Trust Assets in the Trust at the time of distribution; provided further, however, that no consent of the Beneficiaries shall be required with respect to any amendment made solely for the purpose of facilitating the transferability by Beneficiaries of Trust Units or to comply with applicable laws, including tax laws, so long as such amendment has been approved by the Trustee.

Appears in 11 contracts

Samples: Liquidating Trust Agreement (American Income Partners v D LTD Partnership), Liquidating Trust Agreement (American Income Partners v C LTD Partnership), Liquidating Trust Agreement (American Income Fund I-B LTD Partnership)

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Consent of Beneficiaries. At the ------------------------ direction or with the consent of Beneficiaries holding Trust Units representing at least a majority of the aggregate Beneficial Interests in the TrustInterests, or such greater percentage as shall be specified in this Agreement for the taking of an action by the Beneficiaries under the affected provision of this Agreement, the Trustee shall promptly make and execute a declaration amending this Agreement for the purpose of adding any material provisions to or changing in any material manner or eliminating any of the material provisions of this Agreement or amendments thereto as they apply to the Trust; provided, however, that no such amendment shall permit the Trustee to engage in any activity prohibited by Section 6.1 hereof or affect the Beneficiaries' rights to receive their pro rata shares of the Trust Assets in the Trust at the time of distribution; provided further, however, that no consent of the Beneficiaries shall be required with respect to any amendment made solely for the purpose of facilitating the transferability by Beneficiaries of Trust Units or to comply with applicable laws, including tax laws, so long as such amendment has been approved by the Trustee.

Appears in 10 contracts

Samples: Liquidating Trust Agreement (PLM Equipment Growth Fund Ii), Liquidating Trust Agreement (PLM Equipment Growth Fund Ii), Liquidating Trust Agreement (PLM Equipment Growth Fund)

Consent of Beneficiaries. At the ------------------------ direction or with the consent of Beneficiaries holding Trust Units Shares representing at least a majority of the aggregate Beneficial Interests in the TrustInterests, or such greater percentage as shall be specified in this Agreement for the taking of an action by the Beneficiaries under the affected provision of this Agreement, the Managing Trustee shall promptly make and execute a declaration amending this Agreement for the purpose of adding any material provisions to or changing in any material manner or eliminating any of the material provisions of this Agreement or amendments thereto as they apply to the Trust; provided, however, that no such amendment shall permit the Managing Trustee to engage in any activity prohibited by Section 6.1 hereof or affect the Beneficiaries' rights to receive their pro rata shares of the Trust Assets in the Trust at the time of distribution; provided further, however, that no consent of the Beneficiaries shall be required with respect to any amendment made solely for the purpose of facilitating the transferability by Beneficiaries of Trust Units Shares or to comply with applicable laws, including tax laws, so long as such amendment has been approved by the Managing Trustee.

Appears in 7 contracts

Samples: Liquidating Trust Agreement (ICON ECI Fund Sixteen), Liquidating Trust Agreement (ICON Equipment & Corporate Infrastructure Fund Fourteen, L.P.), Liquidating Trust Agreement (Icon Eci Fund Fifteen, L.P.)

Consent of Beneficiaries. At the ------------------------ direction or with the consent of Beneficiaries holding Trust Units representing at least a majority of the aggregate Beneficial Interests in the TrustInterests, or such greater percentage as shall be specified in this Agreement for the taking of an action by the Beneficiaries under the affected provision of this Agreement, the Trustee shall promptly make and execute a declaration amending this Agreement for the purpose of adding any material provisions to or changing in any material manner or eliminating any of the material provisions of this Agreement or amendments thereto as they apply to the Trust; provided, however, that no such amendment shall permit the Trustee to engage in any activity prohibited by Section 6.1 hereof or affect the Beneficiaries' rights to receive their pro rata shares of the Trust Assets in the Trust at the time of distribution; provided further, however, that no consent of the Beneficiaries shall be required with respect to any amendment made solely for the purpose of facilitating the transferability by Beneficiaries of Trust Units or to comply with applicable laws, including tax laws, so long as such amendment has been approved by the Trustee. Further, the Trustee may amend this Trust Agreement as it deems reasonably necessary for the purpose of (i) obtaining no-action letter or similar relief from the Securities and Exchange Commission; and/or (ii) making changes to this Agreement that do not adversely affect the rights of the Beneficiaries.

Appears in 4 contracts

Samples: Liquidating Trust Agreement (PLM Equipment Growth & Income Fund Vii), Liquidating Trust Agreement (Professional Lease Management Income Fund I LLC), Liquidating Trust Agreement (PLM Equipment Growth Fund Vi)

Consent of Beneficiaries. At the ------------------------ direction or with the consent of Beneficiaries holding Trust Units representing at least a majority of the aggregate Beneficial Interests in the TrustInterests, or such greater percentage as shall be specified in this Agreement for the taking of an action by the Beneficiaries under the affected provision of this Agreement, the Trustee shall promptly make and execute a declaration amending this Agreement for the purpose of adding any material provisions to or changing in any material manner or eliminating any of the material provisions of this Agreement or amendments thereto as they apply to the Trust; provided, however, that no such amendment shall permit the Trustee to engage in any activity prohibited by Section 6.1 hereof or affect the Beneficiaries' rights to receive their pro rata shares of the Trust Assets in the Trust at the time of distribution; provided further, however, that no consent of the Beneficiaries shall be required with respect to any amendment made solely for the purpose of facilitating the transferability by Beneficiaries of Trust Units or to comply with applicable laws, including tax laws, so long as such amendment has been approved by the Trustee.

Appears in 3 contracts

Samples: Liquidating Trust Agreement (PLM Equipment Growth Fund Iii), Liquidating Trust Agreement (PLM Equipment Growth Fund Iii), Liquidating Trust Agreement (PLM Equipment Growth Fund Iii)

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Consent of Beneficiaries. At the ------------------------ direction or with the consent of Beneficiaries holding Trust Units representing at least a majority of the aggregate Beneficial Interests in the TrustInterests, or such greater percentage as shall be specified in this Agreement for the taking of an action by the Beneficiaries under the affected provision of this Agreement, the Managing Trustee shall promptly make and execute a declaration amending this Agreement for the purpose of adding any material provisions to or changing in any material manner or eliminating any of the material provisions of this Agreement or amendments thereto as they apply to the Trust; provided, however, that no such amendment shall permit the Managing Trustee to engage in any activity prohibited by Section 6.1 hereof or affect the Beneficiaries' rights to receive their pro rata shares of the Trust Assets in the Trust at the time of distribution; provided further, however, that no consent of the Beneficiaries shall be required with respect to any amendment made solely for the purpose of facilitating the transferability by Beneficiaries of Trust Units or to comply with applicable laws, including tax laws, so long as such amendment has been approved by the Managing Trustee.

Appears in 3 contracts

Samples: Liquidating Trust Agreement (Icon Income Fund Eight B Lp), Liquidating Trust Agreement (Icon Cash Flow Partners L P Seven), Liquidating Trust Agreement (Icon Income Fund Eight /De)

Consent of Beneficiaries. At the ------------------------ direction or with the consent of Beneficiaries holding Trust Units representing having an aggregate Beneficial Interest of at least a majority of the aggregate Beneficial Interests in the Trustmajority, or such greater percentage as shall be specified in this Agreement for the taking of an action by the Beneficiaries under the affected provision of this Agreement, of the Trustee total Beneficial Interest, the Trustees shall promptly make and execute a declaration amending this Agreement for the purpose of adding any material provisions to or changing in any material manner or eliminating any of the material provisions of this Agreement or amendments thereto as they apply to the Trustthereto; provided, however, that no such amendment shall (i) permit the Trustee Trustees to engage in any activity prohibited by Section 6.1 hereof or affect the Beneficiaries' rights to receive their pro rata shares of the Trust Assets in the Trust at the time of distributiondistribution or (ii) affect any right or benefit of Toys hereunder without Toys' consent; provided further, however, that no consent of the Beneficiaries shall be required with respect to any amendment made solely for the purpose of facilitating the transferability by Beneficiaries of Trust Units or to comply with applicable laws, including tax laws, so long as such amendment has been approved by all the TrusteeTrustees.

Appears in 1 contract

Samples: Liquidating Trust Agreement (Petrie Stores Corp)

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