Common use of Consent of Beneficiaries Clause in Contracts

Consent of Beneficiaries. At the written direction or with the written consent of Beneficiaries holding at least a majority of the total Units present, in person or by proxy, at any meeting validly called for such purpose pursuant to Section 12 hereof, or such greater or lesser 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 provisions to or changing in any manner or eliminating any of the provisions of this Agreement or amendments thereto; provided that no such amendment shall increase the potential liability of the Trustee hereunder without the written consent of the Trustee; provided, further, 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 at the time of any distribution, and no such amendment shall cause the Trust to be treated for Federal, state or local income tax purposes as other than a liquidating trust under Treasury Regulation Section 301.7701-4(d), or cause the Beneficiaries to be treated as other than the owners of their respective shares of the Trust's taxable income pursuant to Section 671 through 679 of the Code and any analogous provision of state or local law.

Consent of Beneficiaries. At the written direction or with the written consent of Beneficiaries holding at least a majority of the total Units present, in person or held by proxy, at any meeting validly called for such purpose pursuant to Section 12 hereof, all Beneficiaries or such greater or lesser 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 provisions to or changing in any manner or eliminating any of the provisions of this Agreement or amendments thereto; provided that no such amendment shall increase the potential liability of the Trustee hereunder without the written consent of the each Trustee; provided, further, that no such amendment shall permit the Trustee to engage in any activity prohibited by Section 6.1 Sections 4.3 or 4.4 hereof or affect the Beneficiaries' ’ rights to receive their pro rata shares of the Trust Assets at the time of any distribution, and that no such amendment shall cause the Trust Trust, in the opinion of counsel, to be treated for Federal, state or local income tax purposes purposes, as other than a liquidating trust under Treasury Regulation Section 301.7701-4(d), or cause the Beneficiaries to be treated as other than the owners of their respective shares of the Trust's ’s taxable income pursuant to Section 671 through 679 of the Code and any analogous provision of state or local law.

Consent of Beneficiaries. At the written direction or with the written consent of Beneficiaries holding at least a majority of the total Units present, in person or held by proxy, at any meeting validly called for such purpose pursuant to Section 12 hereof, all Beneficiaries or such greater or lesser 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 provisions to or changing in any manner or eliminating any of the provisions of this Agreement or amendments thereto; provided that no such amendment shall increase the duties or potential liability of the Trustee hereunder without the written consent of the TrusteeTrustee nor reduce the compensation to the Trustee for services rendered; provided, further, 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 at the time of any distribution, and that no such amendment shall cause the Trust Trust, in the opinion of counsel, to be treated for Federalall tax purposes, state or local income tax purposes as other than a liquidating trust under Treasury Regulation Section 301.7701-4(d), or cause the Beneficiaries to be treated as other than the owners of their respective shares of the Trust's ’s taxable income pursuant to Section 671 through 679 677 of the Code and any analogous provision of state or local law.

Consent of Beneficiaries. At the written direction or with the written consent of Beneficiaries holding at least a majority of the total Units present, in person or by proxy, at any meeting validly called for such purpose pursuant to Section 12 hereof, or such greater or lesser 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 Trustees shall promptly make and execute a declaration amending this Agreement for the purpose of adding any provisions to or changing in any manner or eliminating any of the provisions of this Agreement or amendments thereto; provided that no such amendment shall increase the potential liability of the Trustee Trustees hereunder without the written consent of the TrusteeTrustees; provided, further, that no such amendment shall 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 at the time of any distribution, and no such amendment shall cause jeopardize the status of the Trust to be treated as a “liquidating trust” for Federalfederal, state state, or local income tax purposes as other than a liquidating trust under within the meaning of Treasury Regulation Section 301.7701-4(d), ) and any analogous provision of state or cause local law or jeopardize the Beneficiaries to be treated treatment as other than the owners of their respective shares of the Trust's ’s taxable income pursuant to Section 671 through 679 of the Code and any analogous provision of state or local law.

Consent of Beneficiaries. At the written direction or with the written consent of Beneficiaries holding at least a majority of the total Units present, in person or held by proxy, at any meeting validly called for such purpose pursuant to Section 12 hereof, all Beneficiaries or such greater or lesser 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 Trustees shall promptly make and execute a declaration amending this Agreement for the purpose of adding any provisions to or changing in any manner or eliminating any of the provisions of this Agreement or amendments thereto; provided that no such amendment shall increase the potential liability of the Trustee Trustees hereunder without the written consent of the each Trustee; provided, further, that no such amendment shall 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 at the time of any distribution, and that no such amendment shall cause the Trust Trust, in the opinion of counsel, to be treated for Federal, state or local income tax purposes purposes, as other than a liquidating trust under Treasury Regulation Section 301.7701-4(d), or cause the Beneficiaries to be treated as other than the owners of their respective shares of the Trust's taxable income pursuant to Section 671 through 679 of the Code and any analogous provision of state or local law.

Consent of Beneficiaries. At the written direction or with the written consent of Beneficiaries holding at least a majority of the total Units present, in person or by proxy, at any meeting validly called for such purpose pursuant to Section 12 hereof, or such greater or lesser 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 Trustees shall promptly make and execute a declaration amending this Agreement for the purpose of adding any provisions to or changing in any manner or eliminating any of the provisions of this Agreement or amendments thereto; provided that no such amendment shall increase the potential liability of the Trustee Trustees hereunder without the written consent of the TrusteeTrustees; provided, further, that no such amendment shall 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 at the time of any distribution, and no such amendment shall cause the Trust to be treated for Federal, state or local income tax purposes as other than a liquidating trust under Treasury Regulation Section 301.7701-4(d), or cause the Beneficiaries to be treated as other than the owners of their respective shares of the Trust's taxable income pursuant to Section 671 through 679 of the Code and any analogous provision of state or local law.

Consent of Beneficiaries. At the written direction or with the written consent of Beneficiaries holding at least a majority of the total Units present, in person or by proxy, at any meeting validly called for such purpose pursuant to Section 12 hereof, or such greater or lesser 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 Trustees shall promptly make and execute a declaration amending this Agreement for the purpose of adding any provisions to or changing in any manner or eliminating any of the provisions of this Agreement or amendments thereto; provided that no such amendment shall increase the potential liability of the Trustee Trustees hereunder without the written consent of the TrusteeTrustees; provided, further, that no such amendment shall 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 at the time of any distribution, and no such amendment shall cause the Trust to be treated for Federal, state or local income tax purposes as other than a liquidating trust under Treasury Regulation Section 301.7701-4(d), or cause the Beneficiaries to be treated as other than the owners of their respective shares of the Trust's taxable income pursuant to Section 671 through 679 of the Code and any analogous provision of state or local law.. 13.2

Consent of Beneficiaries. At the written direction or with the written consent of Beneficiaries holding at least a majority of the total Units present, in person or held by proxy, at any meeting validly called for such purpose pursuant to Section 12 hereof, all Beneficiaries or such greater or lesser 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 provisions to or changing in any manner or eliminating any of the provisions of this Agreement or amendments thereto; provided that no such amendment shall increase the potential liability of the Trustee hereunder without the written consent of the Trustee; provided, further, 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 at the time of any distribution, and that no such amendment shall cause the Trust Trust, in the opinion of counsel, to be treated for Federal, state or local income tax purposes purposes, as other than a liquidating trust under Treasury Regulation Section 301.7701-4(d), or cause the Beneficiaries to be treated as other than the owners of their respective shares of the Trust's taxable income pursuant to Section 671 through 679 of the Code and any analogous provision of state or local law.

Consent of Beneficiaries. At the written direction or with the written consent of Beneficiaries holding at least a majority two-thirds of the total Units present, in person or by proxy, at any meeting validly called for such purpose pursuant to Section 12 hereof, or such greater or lesser 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 provisions to or changing in any manner or eliminating any of the provisions of this Agreement or amendments thereto; provided PROVIDED, that no such amendment shall increase the potential liability of the Trustee hereunder without the written consent of the Trustee; providedPROVIDED, furtherFURTHER, 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 at the time of any distribution, and no such amendment shall cause the Trust to be treated for Federal, state or local income tax purposes as other than a liquidating trust under Treasury Regulation Section 301.7701-4(d), or cause the Beneficiaries to be treated as other than the owners of their respective shares of the Trust's taxable income pursuant to Section 671 through 679 of the Code and any analogous provision of state or local law.

Consent of Beneficiaries. At the written direction or with the written consent of Beneficiaries holding at least a majority of the total Units present, in person or by proxy, at any meeting validly called for such purpose pursuant to Section 12 hereof, or such greater or lesser 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 provisions to or changing in any manner or eliminating any of the provisions of this Agreement or amendments thereto; provided that no such amendment shall increase the potential liability of the Trustee hereunder without the written consent of the each Trustee; provided, further, 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 at the time of any distribution, and that no such amendment shall cause jeopardize the status of the Trust to be treated as a “liquidating trust” for Federal, state or local income tax purposes as other than a liquidating trust under within the meaning of Treasury Regulation Section 301.7701-4(d), or cause jeopardize the Beneficiaries to be treated treatment as other than the owners of their respective shares of the Trust's ’s taxable income pursuant to Section 671 through 679 of the Code and any analogous provision of state or local law.

Consent of Beneficiaries. At the written direction or with the written consent of Beneficiaries holding at least a majority of the total Units present, in person or by proxy, at any meeting validly called for such purpose pursuant to Section 12 hereof, or such greater or lesser 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 provisions to or changing in any manner or eliminating any of the provisions of this Agreement or amendments thereto; provided that no such amendment shall increase the potential liability of the Trustee hereunder without the written consent of the Trustee; provided, further, 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 at the time of any distribution, and no such amendment shall cause jeopardize the status of the Trust to be treated as a “liquidating trust” for Federalfederal, state state, or local income tax purposes as other than a liquidating trust under within the meaning of Treasury Regulation Section 301.7701-4(d), ) and any analogous provision of state or cause local law or jeopardize the Beneficiaries to be treated treatment as other than the owners of their respective shares of the Trust's ’s taxable income pursuant to Section 671 through 679 of the Code and any analogous provision of state or local law.

Consent of Beneficiaries. At the written direction or with the written consent of Beneficiaries holding at least a majority of the total Units present, in person or held by proxy, at any meeting validly called for such purpose pursuant to Section 12 hereof, all Beneficiaries or such greater or lesser 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 provisions to or changing in any manner or eliminating any of the provisions of this Agreement or amendments thereto; provided that no such amendment shall increase the duties or potential liability of the Trustee hereunder without the written consent of the Trustee; provided, further, 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 at the time of any distribution, and that no such amendment shall cause the Trust Trust, in the opinion of counsel, to be treated for Federalall tax purposes, state or local income tax purposes as other than a liquidating trust under Treasury Regulation Section 301.7701-4(d), or cause the Beneficiaries to be treated as other than the owners of their respective shares of the Trust's ’s taxable income pursuant to Section 671 through 679 677 of the Code and any analogous provision of state or local law.