Common use of DESIGNATION OF ADVISOR Clause in Contracts

DESIGNATION OF ADVISOR. 12.1 Notwithstanding Sections 10.1.3, 10.1.4 and 10.1.6, after the Grantor's death, the Grantor's son, Xxxxx X. Xxxxxx, III, if living and competent, shall serve as advisor to the Trustee during any time Trust A, Trust B, Trust C or Trust D is being held hereunder under the following conditions: The Trustee shall not make any investments, reinvestments or changes in investments of the assets of Trust A, Trust B, Trust C or Trust D without first consulting with and obtaining the advice of the advisor. The Trustee need not act in accordance with the advice and counsel of the advisor, but if it does so, the Trustee shall not be liable to any person for or as a result of any action or failure to act if in accordance with such advice and counsel. No person, firm or corporation dealing with the Trustee shall be bound to see that the provisions of this Section 12 are complied with, and all such persons, firms and corporations may proceed as if this Section 12 did not appear in this Agreement. The Trustee need not obtain the advice and counsel of the advisor if the Trustee requests such advice and counsel in writing and if the advisor fails to reply to the Trustee within five days from the date of such request by telephone, telegram, mail or in person.

DESIGNATION OF ADVISOR. 12.1 Notwithstanding Sections 10.1.3, 10.1.4 and 10.1.6, after the Grantor's death, the Grantor's son, Xxxxx Lloyx X. Xxxxxx, IIIXXI, if living and competent, shall serve as advisor to the Trustee during any time Trust A, Trust B, Trust C or Trust D is being held hereunder under the following conditions: The Trustee shall not make any investments, reinvestments or changes in investments of the assets of Trust A, Trust B, Trust C or Trust D without first consulting with and obtaining the advice of the advisor. The Trustee need not act in accordance with the advice and counsel of the advisor, but if it does so, the Trustee shall not be liable to any person for or as a result of any action or failure to act if in accordance with such advice and counsel. No person, firm or corporation dealing with the Trustee shall be bound to see that the provisions of this Section 12 are complied with, and all such persons, firms and corporations may proceed as if this Section 12 did not appear in this Agreement. The Trustee need not obtain the advice and counsel of the advisor if the Trustee requests such advice and counsel in writing and if the advisor fails to reply to the Trustee within five days from the date of such request by telephone, telegram, mail or in person.

DESIGNATION OF ADVISOR. 12.1 Notwithstanding Sections 10.1.3, 10.1.4 and 10.1.6, after the Grantor's death, the Grantor's son, Xxxxx Lloyx X. Xxxxxx, IIIXXI, if living and competent, shall serve as advisor to the Trustee during any time Trust A, Trust B, Trust C or Trust D is being held hereunder under the following conditions: The Trustee shall not make any investments, reinvestments or changes in investments of the assets of Trust A, Trust B, Trust C or Trust D without first consulting with and obtaining the advice of the advisor. The Trustee need not act in accordance with the advice and counsel of the advisor, but if it does so, the Trustee shall not be liable to any person for or as a result of any action or failure to act if in accordance with such advice and counsel. No person, firm or corporation dealing with the Trustee shall be bound to see that the provisions of this Section 12 are complied with, and all such 14 15 persons, firms and corporations may proceed as if this Section 12 did not appear in this Agreement. The Trustee need not obtain the advice and counsel of the advisor if the Trustee requests such advice and counsel in writing and if the advisor fails to reply to the Trustee within five days from the date of such request by telephone, telegram, mail or in person.

DESIGNATION OF ADVISOR. 12.1 Notwithstanding Sections 10.1.3, 10.1.4 and 10.1.6, after the Grantor's death, the Grantor's son, Xxxxx X. XxxxxxLloyd I. Miller, IIIIIX, if living and xx xxxxxx xxx competent, shall serve as advisor to the Trustee during any time Trust A, Trust B, Trust C or Trust D is being held hereunder under the following conditions: The Trustee shall not make any investments, reinvestments or changes in investments of the assets of Trust A, Trust B, Trust C or Trust D without first consulting with and obtaining the advice of the advisor. The Trustee need not act in accordance with the advice and counsel of the advisor, but if it does so, the Trustee shall not be liable to any person for or as a result of any action or failure to act if in accordance with such advice and counsel. No person, firm or corporation dealing with the Trustee shall be bound to see that the provisions of this Section 12 are complied with, and all such persons, firms and corporations may proceed as if this Section 12 did not appear in this Agreement. The Trustee need not obtain the advice and counsel of the advisor if the Trustee requests such advice and counsel in writing and if the advisor fails to reply to the Trustee within five days from the date of such request by telephone, telegram, mail or in person.

DESIGNATION OF ADVISOR. 12.1 Notwithstanding Sections 10.1.3, 10.1.4 and 10.1.6, after the Grantor's death, the Grantor's son, Xxxxx Lloxx X. Xxxxxx, IIIXII, if living and competent, shall serve as advisor to the Trustee during any time Trust A, Trust B, Trust C or Trust D is being held hereunder under the following conditions: The Trustee shall not make any investments, reinvestments or changes in investments of the assets of Trust A, Trust B, Trust C or Trust D without first consulting with and obtaining the advice of the advisor. The Trustee need not act in accordance with the advice and counsel of the advisor, but if it does so, the Trustee shall not be liable to any person for or as a result of any action or failure to act if in accordance with such advice and counsel. No person, firm or corporation dealing with the Trustee shall be bound to see that the provisions of this Section 12 are complied with, and all such persons, firms and corporations may proceed as if this Section 12 did not appear in this Agreement. The Trustee need not obtain the advice and counsel of the advisor if the Trustee requests such advice and counsel in writing and if the advisor fails to reply to the Trustee within five days from the date of such request by telephone, telegram, mail or in person.

DESIGNATION OF ADVISOR. 12.1 Notwithstanding Sections 10.1.3, 10.1.4 and 10.1.6, after the Grantor's death, the Grantor's son, Xxxxx X. XxxxxxLloyd I. Miller, III, if living and competent, shall serve as advisor to the Trustee xx xxx Xxxxxxx during any time Trust A, Trust B, Trust C or Trust D is being held hereunder under the following conditions: The Trustee shall not make any investments, reinvestments or changes in investments of the assets of Trust A, Trust B, Trust C or Trust D without first consulting with and obtaining the advice of the advisor. The Trustee need not act in accordance with the advice and counsel of the advisor, but if it does so, the Trustee shall not be liable to any person for or as a result of any action or failure to act if in accordance with such advice and counsel. No person, firm or corporation dealing with the Trustee shall be bound to see that the provisions of this Section 12 are complied with, and all such persons, firms and corporations may proceed as if this Section 12 did not appear in this Agreement. The Trustee need not obtain the advice and counsel of the advisor if the Trustee requests such advice and counsel in writing and if the advisor fails to reply to the Trustee within five days from the date of such request by telephone, telegram, mail or in person.