Common use of Notice of the limitation on interseries Clause in Contracts

Notice of the limitation on interseries. liabilities between Subtrusts applicable to each Subtrust and the Subtrust Assets has been set forth in the Certificate of Trust as filed in the office of the Secretary of State pursuant to the Business Trust Statute and the Original Agreement. It is the express intent of the parties hereto that effective upon the giving of such notice in the Certificate of Trust, the statutory provisions of Section 3804 of the Business Trust Statute relating to limitations on interseries liabilities (and the statutory effect under Section 3804 of the Business Trust Statute of setting forth such notice in the Certificate of Trust) became applicable to MART, the Trustee, the Beneficial Owner and the Subtrust Assets related to each Subtrust. The limitation on interseries liabilities is included in the Certificate of Trust as filed with the Secretary of State in the form attached hereto as Exhibit A.

Notice of the limitation on interseries. liabilities between Subtrusts applicable to each Subtrust and the Subtrust Assets has been set forth in the Certificate of Trust as filed in the office of the Secretary of State pursuant to the Business Trust Statute and the Original Agreement. It is the express intent of the parties hereto that effective upon the giving of such notice in the Certificate of Trust, the statutory provisions of Section 3804 of the Business Trust Statute relating to limitations on interseries liabilities (and the statutory effect under Section 3804 of the Business Trust Statute of setting forth such notice in the Certificate of Trust) became applicable to MARTMART II, the Trustee, the Beneficial Owner and the Subtrust Assets related to each Subtrust. The limitation on interseries liabilities is included in the Certificate of Trust as filed with the Secretary of State in the form attached hereto as Exhibit A.