Common use of Right to Acquisition Exchange Clause in Contracts

Right to Acquisition Exchange. If at any time one Person is the beneficial holder of more than ninety percent (90%) of the then outstanding shares of Trust Stock (the “Acquirer”), such Acquirer shall then have the right to direct the Board of Directors to (i) declare a record date and deliver a mandatory instruction to the Regular Trustee directing the Regular Trustee to (A) deliver the LLC Interests to the holders of record of the Trust Stock, including the Acquirer, in exchange for all of the outstanding shares of Trust Stock (the “Acquisition Exchange”), and (B) dissolve the Trust, and (ii) deliver to the Transfer Agent notice of such Acquisition Exchange and cause the Transfer Agent to mail a copy of such notice to the holders of record of the Trust Stock at least thirty (30) days prior to the Acquisition Exchange. Simultaneously with the completion of such Acquisition Exchange, each holder of record of shares of Trust Stock immediately prior to the completion of the Acquisition Exchange shall be admitted to the Company as a Member in respect of an equal number of LLC Interests previously held by the Trust and each holder of record shall be issued an LLC Interest Certificate evidencing the same pursuant to Section 3.1, immediately whereafter the Trust shall be deemed to have withdrawn from the Company as a Member in respect of such LLC Interest(s), and the Trust shall tender its LLC Interest Certificates to the Company for cancellation.

Right to Acquisition Exchange. If at any time one Person is the beneficial holder of more than ninety percent (90%) of the then outstanding shares of Trust Stock (the “Acquirer”"ACQUIRER"), such Acquirer shall then have the right to direct the Board of Directors to (i) declare a record date and deliver a mandatory instruction to the Regular Trustee directing the Regular Trustee to (A) deliver the LLC Interests to the holders of record of the Trust Stock, including the Acquirer, in exchange for all of the outstanding shares of Trust Stock (the “Acquisition Exchange”"ACQUISITION EXCHANGE"), and (B) dissolve the Trust, and (ii) deliver to the Transfer Agent notice of such Acquisition Exchange and cause the Transfer Agent to mail a copy of such notice to the holders of record of the Trust Stock at least thirty (30) days prior to the Acquisition Exchange. Simultaneously with the completion of such Acquisition Exchange, each holder of record of shares of Trust Stock immediately prior to the completion of the Acquisition Exchange shall be admitted to the Company as a Member in respect of an equal number of LLC Interests previously held by the Trust and each holder of record shall be issued an LLC Interest Certificate evidencing the same pursuant to Section 3.1, immediately whereafter the Trust shall be deemed to have withdrawn from the Company as a Member in respect of such LLC Interest(s), and the Trust shall tender its LLC Interest Certificates to the Company for cancellation.

Right to Acquisition Exchange. If at any time one Person is the beneficial holder of more than ninety percent (90%) percent of the then outstanding shares of Trust Stock is held by one Person (the “Acquirer”"ACQUIRER"), such Acquirer shall then have the right to direct the Board of Directors to (i) declare a record date and deliver a mandatory instruction to the Regular Trustee Trustees directing the Regular Trustee Trustees to (A) deliver the LLC Interests to the holders of record of the Trust Stock, including the Acquirer, in exchange for all of the outstanding shares of Trust Stock (the “Acquisition Exchange”), "ACQUISITION EXCHANGE") and (B) dissolve the Trust, Trust and (ii) deliver to the Transfer Agent notice of such Acquisition Exchange and cause the Transfer Agent to mail a copy of such notice to the holders of record of the Trust Stock at least thirty (30) days prior to the Acquisition Exchange. Simultaneously with the completion effectiveness of such Acquisition Exchange, each holder of record of shares a share of Trust Stock immediately prior to the completion effectiveness of the Acquisition Exchange shall be admitted to the Company as a Member in respect of an equal number of one LLC Interests Interest previously held by the Trust and each holder of record shall be issued an LLC Interest Certificate evidencing the same pursuant to Section 3.1, immediately whereafter the Trust shall be deemed to have withdrawn from the Company as a Member in respect of such LLC Interest(s)Interest, and the Trust shall tender its LLC Interest Certificates to the Company for cancellation.

Right to Acquisition Exchange. If at any time one Person is the beneficial holder of more than ninety percent (90%) of the then outstanding shares of Trust Stock (the “Acquirer”"ACQUIRER"), such Acquirer shall then have the right to direct the Board of Directors to (i) declare a record date and deliver a mandatory instruction to the Regular Trustee directing the Regular Trustee to (A) deliver the LLC Interests to the holders of record of the Trust Stock, including the Acquirer, in exchange for all of the outstanding shares of Trust Stock (the “Acquisition Exchange”), "ACQUISITION EXCHANGE") and (B) dissolve the Trust, Trust and (ii) deliver to the Transfer Agent notice of such Acquisition Exchange and cause the Transfer Agent to mail a copy of such notice to the holders of record of the Trust Stock at least thirty (30) days prior to the Acquisition Exchange. Simultaneously with the completion of such Acquisition Exchange, each holder of record of shares of Trust Stock immediately prior to the completion of the Acquisition Exchange shall be admitted to the Company as a Member in respect of an equal number of LLC Interests previously held by the Trust and each holder of record shall be issued an LLC Interest Certificate evidencing the same pursuant to Section 3.1, immediately whereafter the Trust shall be deemed to have withdrawn from the Company as a Member in respect of such LLC Interest(s), and the Trust shall tender its LLC Interest Certificates to the Company for cancellation.