Declaration of Trust and Bylaws. All persons who shall acquire Shares in the Company shall acquire the same subject to the provisions of this Declaration of Trust and the Bylaws.
Declaration of Trust and Bylaws. The Company has filed as exhibits to the SEC Reports the Declaration of Trust and Bylaws, true and correct copies of which have been delivered to the Purchaser.
Declaration of Trust and Bylaws. At the Effective Time, the declaration of trust and the bylaws of ACT shall be the declaration of trust and the bylaws of the Surviving Entity, respectively, except that, if approved by the separate vote of at least two-thirds of the outstanding ACT Common Shares, the name of the entity specified therein shall be "Hilltop Investment Trust" and, if not so approved, the name of the entity specified therein shall be "AMRESCO Capital Trust."
Declaration of Trust and Bylaws. (a) The Articles of Restatement of the Company, as supplemented and as in effect immediately prior to the Effective Time (the “Company Declaration of Trust”), will be amended as part of the Merger to read in its entirety as set forth in Exhibit 1.2(a), which shall be the declaration of trust of the Surviving REIT until thereafter amended or further supplemented as provided therein or by Law (as hereinafter defined) (the “Surviving REIT Declaration of Trust”).
(b) The Amended and Restated Bylaws of the Company, as in effect immediately prior to the Effective Time (the “Company Bylaws”), will be amended to read in its entirety as set forth in Exhibit 1.2(b), which shall be the bylaws of the Surviving REIT until thereafter amended as provided by Law, by the Surviving REIT Declaration of Trust or by such bylaws (the “Surviving REIT Bylaws”).
Declaration of Trust and Bylaws. (a) At the Effective time, the Declaration of Trust and Bylaws of the Company in effect immediately prior to the Effective Time shall be the Declaration of Trust and Bylaws of the Surviving Entity, until thereafter amended in accordance with their respective terms and applicable law.
(b) Immediately prior to the Effective Time, the Board of Trustees of the Company shall authorize the designation of a series of preferred shares of beneficial interest, $0.01 par value (the "Company Cumulative Redeemable Preferred Stock"), of the Company, so as to permit the Company to issue shares of Company Cumulative Redeemable Preferred Stock pursuant to Section 2.1 hereof, and the Company shall file with the State Department of Assessments and Taxation of Maryland immediately prior to the Effective Time Articles Supplementary with respect to Company Cumulative Redeemable Preferred Stock pursuant to Title 8 in substantially the form attached as Exhibit A hereto. Dividends on the Company Cumulative Redeemable Preferred Stock shall be deemed to accrue from and after the end of the last Dividend Period (as defined in the Articles Supplementary for the Series D Cumulative Redeemable Preferred Stock, par value $0.001 per share ("MIT Series D Preferred Stock"), of MIT) for which a record date has been set prior to the Effective Time , unless a partial dividend is declared and paid at the Effective Time on the MIT Series D Preferred Stock pursuant to Section 4.1(b) hereof, in which case, dividends on the Company Cumulative Redeemable Preferred Stock shall be deemed to accrue from and after the Effective Time. The blanks in Sections 2(k) and 3(a) of Exhibit A hereto shall be completed to reflect the calendar day on which dividends on the Company Cumulative Redeemable Preferred Stock begin to accrue as described in the immediately preceding sentence.
Declaration of Trust and Bylaws. (a) The name of the Surviving REIT shall be "Capital Automotive REIT."
(b) The declaration of trust of the Company, as in effect immediately prior to the REIT Merger Effective Time, shall be the declaration of trust of the Surviving REIT until thereafter amended as provided therein or by Law (as hereinafter defined) (the "Surviving REIT Declaration of Trust").
(c) The bylaws of the Company, as in effect immediately prior to the REIT Merger Effective Time, shall be the bylaws of the Surviving REIT until thereafter amended as provided by Law, by the Surviving REIT Declaration of Trust or by such bylaws (the "Surviving REIT Bylaws").
(d) The name of the Surviving Partnership shall be "Capital Automotive L.P."
(e) The limited partnership agreement of the Partnership, as amended pursuant to the term sheet described in Section 2.2(a) hereof, shall be the limited partnership agreement of the Surviving Partnership until thereafter amended as provided therein or by Law (the "Surviving Partnership Agreement").
Declaration of Trust and Bylaws. OF THE SURVIVING CORPORATION AND THE SURVIVING ENTITY
Declaration of Trust and Bylaws of the Surviving Entity
Declaration of Trust and Bylaws. The Declaration of Trust of the Maryland REIT and the Bylaws of the Maryland REIT in effect on the Effective Date shall continue to be, respectively, the Declaration of Trust and Bylaws of the Maryland REIT, provided, however, that the Declaration of Trust of the Maryland REIT shall be amended, as part of the Merger, to change the name of the Maryland REIT to "Ramco-Gersxxxxxx Xxxperties Trust".
Declaration of Trust and Bylaws. At the Effective Time:
(a) The Articles of Amendment and Restatement of the Company shall be the governing document of the Surviving Corporation until amended or changed in accordance with the MGCL.
(b) The bylaws of the Company shall be the bylaws of the Surviving Corporation until amended or changed in accordance with the MGCL.
