Common use of Reorganization and Similar Events Clause in Contracts

Reorganization and Similar Events. In the event --------------------------------- that an offer by the issuer of any of the Securities or any other party shall be made to issue new Securities, the Trustee shall reject such offer. However, should any exchange or substitution be effected notwithstanding such rejection or without an initial offer, any Securities, cash and/or property received in exchange shall be deposited hereunder and shall be promptly sold, if securities or property, by the Trustee pursuant to the Depositors' direction, unless the Depositors advise the Trustee to retain such securities or property. The cash received in such exchange and cash proceeds of any such sales shall be distributed to Unitholders on the next Distribution Date in the manner set forth in Section 3.5 regarding distributions from the Principal Account. This section shall apply, but its application shall not be limited, to public tender offers, mergers, acquisitions, reorganizations and recapitalizations. Unless the Depositors direct that notice be otherwise provided, the Trustee shall include notice of any Security so acquired in the annual statement provided to Unitholders pursuant to Section 3.6. Neither the Depositors nor the Trustee shall be liable to any person for action or failure to take action pursuant to the terms of this Section 3.11.

Appears in 1 contract

Samples: Trust Indenture and Agreement (Pinnacle Family of Trust Dogs of Tech Tr Se I & Fin Tr Se Ii)

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Reorganization and Similar Events. In the event --------------------------------- that an offer --------------------------------- by the issuer of any of the Securities or any other party shall be made to issue new Securities, the Trustee shall reject such offer. However, should any exchange or substitution be effected notwithstanding such rejection or without an initial offer, any Securities, cash and/or property received in exchange shall be deposited hereunder and shall be promptly sold, if securities or property, by the Trustee pursuant to the Depositors' direction, unless the Depositors advise the Trustee to retain such securities or property. The Depositors may rely on the Portfolio Supervisor in so advising the Trustee. The cash received in such exchange and cash proceeds of any such sales shall be distributed to Unitholders on the next Distribution Date in the manner set forth in Section 3.5 regarding distributions from the Principal Account. This section shall apply, but its application shall not be limited, to public tender offers, mergers, acquisitions, reorganizations and recapitalizations. Unless the Depositors direct that notice be otherwise provided, the Trustee shall include notice of any Security so acquired in the annual statement provided to Unitholders pursuant to Section 3.6. Neither the Depositors nor the Trustee shall be liable to any person for action or failure to take action pursuant to the terms of this Section 3.11.

Appears in 1 contract

Samples: Trust Indenture and Agreement (Schwab Trusts Schwab Ten Trust 2003 Sereis B)

Reorganization and Similar Events. In the event --------------------------------- that an --------------------------------- offer by the issuer of any of the Securities or any other party shall be made to issue new Securities, the Trustee shall reject such offer. However, should any exchange or substitution be effected notwithstanding such rejection or without an initial offer, any Securities, cash and/or property received in exchange shall be deposited hereunder and shall be promptly sold, if securities or property, by the Trustee pursuant to the Depositors' direction, unless the Depositors advise the Trustee to retain such securities or property. The cash received in such exchange and cash proceeds of any such sales shall be distributed to Unitholders on the next Distribution Date in the manner set forth in Section 3.5 regarding distributions from the Principal Account. This section shall apply, but its application shall not be limited, to public tender offers, mergers, acquisitions, reorganizations and recapitalizations. Unless the Depositors direct that notice be otherwise provided, the Trustee shall include notice of any Security so acquired in the annual statement provided to Unitholders pursuant to Section 3.6. Neither the Depositors nor the Trustee shall be liable to any person for action or failure to take action pursuant to the terms of this Section 3.11.

Appears in 1 contract

Samples: Trust Indenture and Agreement (Schwab Trusts Schwab Ten Trusts 2001 Series B)

Reorganization and Similar Events. In the event --------------------------------- that an offer by the issuer of any of the Securities or any other party shall be made to issue new Securities, the Trustee shall reject such offer. However, should any exchange or substitution be effected notwithstanding such rejection or without an initial offer, any Securities, cash and/or property received in exchange shall be deposited hereunder and shall be promptly sold, if securities or property, by the Trustee pursuant to the Depositors' direction, unless the Depositors advise the Trustee to retain such securities or property. The cash received in such exchange and cash proceeds of any such sales shall be distributed to Unitholders on the next Distribution Date in the manner set forth in Section 3.5 regarding distributions from the Principal Account. This section shall apply, but its application shall not be limited, to public tender offers, mergers, acquisitions, reorganizations and recapitalizationsrecapitalization. Unless the Depositors direct that notice be otherwise providedWhenever new securities or property is received and retained by a Trust pursuant to this Section 3.11, the Trustee shall include shall, within five days thereafter, mail to all Unitholders of such Trust notices of such acquisition unless legal counsel for such Trust determines that such notice is not required by the Investment Company Act of any Security so acquired in the annual statement provided to Unitholders pursuant to Section 3.61940, as amended. Neither the Depositors nor the Trustee shall be liable to any person for action or failure to take action pursuant to the terms of this Section 3.11.

Appears in 1 contract

Samples: Trust Indenture and Agreement (Schwab Strategic Ten Trust 1997 Series A)

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Reorganization and Similar Events. In the event --------------------------------- that an offer by the issuer of any of the Securities or any other party shall be made to issue new Securities, the Trustee shall reject such offer. However, should any exchange or substitution be effected notwithstanding such rejection or without an initial offer, any Securities, cash and/or property received in exchange shall be deposited hereunder and shall be promptly sold, if securities or property, by the Trustee pursuant to the Depositors' Depositor's direction, unless the Depositors advise Depositor advises the Trustee to retain such securities or property. The cash received in such exchange and cash proceeds of any such sales shall be distributed to Unitholders Certificateholders on the next Distribution Date in the manner set forth in Section 3.5 regarding distributions from the Principal Account. This section shall apply, but its application shall not be limited, to public tender offers, mergers, acquisitions, reorganizations and recapitalizationsrecapitalization. Unless the Depositors direct that notice be otherwise providedWhenever new securities or property is received and retained by a Trust pursuant to this Section 3.11, the Trustee shall include shall, within five days thereafter, mail to all Certificateholders of such Trust notices of such acquisition unless legal counsel for such Trust determines that such notice is not required by the Investment Company Act of any Security so acquired in the annual statement provided to Unitholders pursuant to Section 3.61940, as amended. Neither the Depositors Depositor nor the Trustee shall be liable to any person for action or failure to take action pursuant to the terms of this Section 3.11.

Appears in 1 contract

Samples: Indenture and Agreement (Equity Securities Trust Series 6)

Reorganization and Similar Events. In the event --------------------------------- that an offer by the issuer of any of the Securities or any other party shall be made to issue new Securities, the Trustee shall reject such offer. However, should any exchange or substitution be effected notwithstanding such rejection or without an initial offer, any Securities, cash and/or property received in exchange shall be deposited hereunder and shall be promptly sold, if securities or property, by the Trustee pursuant to the Depositors' Depositor’s direction, unless the Depositors advise Depositor advises the Trustee to retain such securities or property. The cash received in such exchange and cash proceeds of any such sales shall be distributed to Unitholders on the next Distribution Date in the manner set forth in Section 3.5 regarding distributions from the Principal Account. This section shall apply, but its application shall not be limited, to public tender offers, mergers, acquisitions, reorganizations and recapitalizations. Unless the Depositors direct Depositor directs that notice be otherwise provided, the Trustee shall include notice of any Security so acquired in the annual statement provided to Unitholders pursuant to Section 3.6. Neither the Depositors Depositor nor the Trustee shall be liable to any person for action or failure to take action pursuant to the terms of this Section 3.11.

Appears in 1 contract

Samples: Trust Indenture and Agreement (Patriot Trust, Diversified Income Trust, 2007 Series A)

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