No Transfer of Interests of Beneficiaries. The Beneficial Interest of a Beneficiary may not be transferred by any Beneficiary in person or by a duly authorized agent or attorney, or by the properly appointed legal representatives of the Beneficiary, nor may a Beneficiary have authority or power to sell, assign, transfer, encumber, or in any other manner dispose of his Beneficial Interest; provided, however, that the Beneficial Interest shall be assignable or transferable by will, intestate succession, or operation of law and, further provided, that the executor or administrator of the estate of a Beneficiary may mortgage, pledge, grant a security interest in, hypothecate or otherwise encumber, the Beneficial Interest held by the estate of such Beneficiary if necessary in order to borrow money to pay estate, succession or inheritance taxes or the expenses of administering the estate of the Beneficiary, upon written notice to and upon written consent of the Trustee. Except as may be otherwise required by law, the Beneficial Interests of the Beneficiaries hereunder shall not be subject to attachment, execution, sequestration or any order of a court, nor shall such interests be subject to the contracts, debts, obligations, engagements or liabilities of any Beneficiary, but the interest of a Beneficiary shall be paid by the Trustee to the Beneficiary free and clear of all assignments, attachments, anticipations, levies, executions, decrees and sequestrations and shall become the property of the Beneficiary only when actually received by such Beneficiary.
Appears in 11 contracts
Samples: Plan of Dissolution and Liquidation (PLM Equipment Growth Fund Ii), Plan of Dissolution and Liquidation (PLM Equipment Growth Fund Ii), Plan of Dissolution and Liquidation (PLM Equipment Growth Fund)
No Transfer of Interests of Beneficiaries. The No Beneficial Interest of a Beneficiary may not be transferred by any Beneficiary in person or by a duly authorized agent or attorney, or by the properly appointed legal representatives of the Beneficiary, nor may a . No Beneficiary have has authority or power to sell, assign, transfer, encumber, or in any other manner dispose of his Beneficial Interest; provided, however, that the Beneficial Interest shall be assignable or transferable by will, intestate succession, or operation of law and, further provided, that the executor or administrator of the estate of a Beneficiary may mortgage, pledge, grant a security interest in, hypothecate or otherwise encumber, the Beneficial Interest held by the estate of such Beneficiary if necessary in order to borrow money to pay estate, succession or inheritance taxes or the expenses of administering the estate of the Beneficiary, upon written notice to and upon written consent of the Managing Trustee, which consent may be withheld in the Managing Trustee’s sole discretion. Except as may be otherwise required by law, the Beneficial Interests of the Beneficiaries hereunder shall not be subject to attachment, execution, sequestration or any order of a court, nor shall such interests Beneficial Interests be subject to the contracts, debts, obligations, engagements or liabilities of any Beneficiary, but the interest Beneficial Interest of a Beneficiary shall be paid by the Managing Trustee to the Beneficiary free and clear of all assignments, attachments, anticipations, levies, executions, decrees and sequestrations and shall become the property of the Beneficiary only when actually received by such Beneficiary.
Appears in 10 contracts
Samples: Liquidating Trust Agreement (ICON Equipment & Corporate Infrastructure Fund Fourteen, L.P.), Liquidating Trust Agreement (Icon Eci Fund Fifteen, L.P.), Liquidating Trust Agreement (ICON ECI Fund Sixteen)
No Transfer of Interests of Beneficiaries. The Beneficial Interest of a Beneficiary may not be transferred by any Beneficiary in person or by a duly authorized agent or attorney, or by the properly appointed legal representatives of the Beneficiary, nor may a Beneficiary have authority or power to sell, assign, transfer, encumber, or in any other manner dispose of his Beneficial Interest; provided, however, that the Beneficial Interest shall be assignable or transferable by will, intestate succession, or operation of law and, further provided, that the executor or administrator of the estate of a Beneficiary may mortgage, pledge, grant a security interest in, hypothecate or otherwise encumber, the Beneficial Interest held by the estate of such Beneficiary if necessary in order to borrow money to pay estate, succession or inheritance taxes or the expenses of administering the estate of the Beneficiary, upon written notice to and upon written consent of the Liquidating Trustee. Except as may be otherwise required by law, the Beneficial Interests of the Beneficiaries hereunder shall not be subject to attachment, execution, sequestration or any order of a court, nor shall such interests be subject to the contracts, debts, obligations, engagements or liabilities of any Beneficiary, but the interest of a Beneficiary shall be paid by the Liquidating Trustee to the Beneficiary free and clear of all assignments, attachments, anticipations, levies, executions, decrees and sequestrations and shall become the property of the Beneficiary only when actually received by such Beneficiary.
Appears in 2 contracts
Samples: Liquidating Trust Agreement (Afg Investment Trust B), Liquidating Trust Agreement (Afg Investment Trust A)
No Transfer of Interests of Beneficiaries. (a) The Beneficial Interest of a Beneficiary may not be transferred either by any the Beneficiary in person personally or by a duly authorized agent or attorney, or by the properly duly appointed legal representatives of the Beneficiary, nor may and a Beneficiary shall have no authority or power to sell, assign, transfer, encumber, transfer or otherwise convey or encumber or in any other manner dispose of his Beneficial Interest; provided, however, that the Beneficial Interest shall be assignable or transferable by will, intestate succession, succession or operation of law andlaw; and provided, further providedfurther, that the executor administrator or administrator other personal representative of the estate of a Beneficiary may mortgage, pledge, grant a security interest in, hypothecate or otherwise encumber, encumber the Beneficial Interest held by the estate of such Beneficiary if necessary in order to borrow money to pay estate, succession or inheritance taxes or the expenses of administering the estate of the Beneficiary, upon written notice to and upon written consent of the Trustee. Except as may Trustees, which consent shall not be otherwise required by law, the unreasonably withheld.
(b) The Beneficial Interests of the Beneficiaries hereunder shall not be subject to attachment, levy, execution, sequestration or any order of a court, nor shall such interests be subject to the contracts, debts, obligationspledges, engagements or liabilities Liabilities of any Beneficiary, but the interest of a Beneficiary shall be paid by the Trustee Trustees to the Beneficiary free and clear of all assignments, attachments, anticipations, levies, executions, decrees sequestrations and sequestrations orders and shall become the property of the a Beneficiary only when actually received by such Beneficiary.
Appears in 2 contracts
Samples: Liquidating Trust Agreement (THCG Inc), Liquidating Trust Agreement (THCG Inc)