Common use of Rights of Beneficiaries Clause in Contracts

Rights of Beneficiaries. Each Beneficiary shall be entitled to participate in the rights and benefits due to a Beneficiary hereunder according to his Beneficial Interest. Each Beneficiary shall take and hold the same subject to all the terms and provisions of this Agreement. The interest of the Beneficiary hereby is declared and shall be in all respects personal property and upon the death of an individual Beneficiary, his Beneficial Interest shall pass as personal property to his legal representative and such death shall in no way terminate or affect the validity of this Agreement, provided that the Trustee shall not be required to evidence a book entry transfer of a deceased Beneficiary’s Beneficial Interest to his legal representative until the Trustee shall have received Letters Testamentary or Letters of Administration and written notice of the death of the deceased Beneficiary. A Beneficiary shall have no title to, right to, possession of, management of, or control of, the Trust Assets except as herein expressly provided. No widower, widow, heir, or devisee of any person who may be a Beneficiary shall have any right of dower, homestead, or inheritance, or of partition, or of any other right, statutory or otherwise, in any property forming a part of Trust Assets but the whole title to the Trust Assets shall be vested in the Trustee and the sole interest of the applicable Beneficiaries shall be the rights and benefits given to such Persons under this Agreement.

Rights of Beneficiaries. Each Beneficiary shall be entitled to participate in the rights and benefits due to a Beneficiary hereunder according to his Beneficial Interest. Each Beneficiary shall take and hold the same subject to all the terms and provisions of this Agreement. The interest of the Beneficiary hereby is declared and shall be in all respects personal property and upon the death of an individual Beneficiary, his Beneficial Interest shall pass as personal property to his legal representative and such death shall in no way terminate or affect the validity of this Agreement, provided that the Managing Trustee shall not be required to evidence a book entry transfer of a deceased Beneficiary’s Beneficial Interest to his legal representative until the Managing Trustee shall have received Letters Testamentary or Letters of Administration and written notice of the death of the deceased Beneficiary. A Beneficiary shall have no title to, or right to, possession ofor possession, management of, or control of, the Trust Assets except as herein expressly provided. No widower, widow, heir, or devisee of any person Person who may be a Beneficiary shall have any right of dower, homestead, or inheritance, or of partition, or of any other right, statutory or otherwise, in any property forming a part of Trust Assets but the whole title to the Trust Assets shall be vested in the Managing Trustee and the sole interest of the applicable Beneficiaries shall be the rights and benefits given to such Persons under this Agreement.

Rights of Beneficiaries. Each ------------------------- Beneficiary shall be entitled to participate in the rights and benefits due to a Beneficiary hereunder according to his Beneficial Interest. Each Beneficiary shall take and hold the same subject to all the terms and provisions of this Agreement. The interest of the Beneficiary hereby is declared and shall be in all respects personal property and upon the death of an individual Beneficiary, his Beneficial Interest shall pass as personal property to his legal representative and such death shall in no way terminate or affect the validity of this Agreement, provided that the Trustee shall not be required to evidence a book entry transfer of a deceased Beneficiary’s 's Beneficial Interest to his legal representative until the Trustee shall have received Letters Testamentary or Letters of Administration and written notice of the death of the deceased Beneficiary. A Beneficiary shall have no title to, right to, possession of, management of, or control of, the Partnership's Trust Assets except as herein expressly provided. No widower, widow, heir, or devisee of any person who may be a Beneficiary shall have any right of dower, homestead, or inheritance, or of partition, or of any other right, statutory or otherwise, in any property forming a part of Trust Assets but the whole title to the Partnership's Trust Assets shall be vested in the Trustee and the sole interest of the applicable Beneficiaries shall be the rights and benefits given to such Persons under this Agreement.

Rights of Beneficiaries. Each Beneficiary shall be entitled to participate in the rights and benefits due to a Beneficiary hereunder according to his the Beneficiary's Beneficial Interest. Each Beneficiary shall take and hold the same subject to all the terms and provisions of this Agreement. The interest of the each Beneficiary hereby hereunder is declared declared, and shall be in all respects respects, personal property and upon the death of an individual Beneficiary, his the Beneficiary's Beneficial Interest shall pass as personal property to his the Beneficiary's legal representative and such death shall in no way terminate or affect the validity of this Agreement, provided that the Trustee shall not be required to evidence a book entry transfer of a deceased Beneficiary’s Beneficial Interest to his legal representative until the Trustee shall have received Letters Testamentary or Letters of Administration and written notice of the death of the deceased Beneficiary. A Beneficiary shall have no title to, right to, possession of, management of, or control of, the Trust Assets except as herein expressly providedprovided herein. No widower, widow, heir, heir or devisee of any person who may be a Beneficiary shall have any right of dower, homestead, or inheritance, or of partition, or of any other right, statutory or otherwise, in any property forming a part of the Trust Assets but the whole title to all the Trust Assets shall be vested in the Trustee and the sole interest of the applicable Beneficiaries shall be the rights and benefits given to such Persons under this Agreement.

Rights of Beneficiaries. Each Beneficiary shall be entitled to participate in the rights and benefits due to a Beneficiary hereunder according to his Beneficial Interest. Each Beneficiary shall take and hold the same subject to all the terms and provisions of this Agreement. The interest of the Beneficiary hereby is declared and shall be in all respects personal property and upon the death of an individual Beneficiary, his Beneficial Interest shall pass as personal property to his legal representative and such death shall in no way terminate or affect the validity of this Agreement, provided that the Trustee shall not be required to evidence a book entry transfer of a deceased Beneficiary’s Beneficial Interest to his legal representative until the Trustee shall have received Letters Testamentary or Letters of Administration and written notice of the death of the deceased Beneficiary. A Beneficiary shall have no title to, right to, possession of, management of, or control of, the Trust Assets except as herein expressly provided. No widower, widow, heir, or devisee of any person who may be a Beneficiary shall have any right of dower, homestead, or inheritance, or of partition, or of any other right, statutory or otherwise, in any property forming a part of the Trust Assets but the whole title to all the Trust Assets shall be vested in the Trustee Trustees and the sole interest of the applicable Beneficiaries shall be the rights and benefits given to such Persons under this the Agreement.

Rights of Beneficiaries. Each ------------------------- Beneficiary shall be entitled to participate in the rights and benefits due to a Beneficiary hereunder according to his Beneficial Interest. Each Beneficiary shall take and hold the same subject to all the terms and provisions of this Agreement. The interest of the Beneficiary hereby is declared and shall be in all respects personal property and upon the death of an individual Beneficiary, his Beneficial Interest shall pass as personal property to his legal representative and such death shall in no way terminate or affect the validity of this Agreement, provided that the Trustee shall not be required to evidence a book entry transfer of a deceased Beneficiary’s 's Beneficial Interest to his legal representative until the Trustee shall have received Letters Testamentary or Letters of Administration and written notice of the death of the deceased Beneficiary. A Beneficiary shall have no title to, right to, possession of, management of, or control of, the Trust Assets except as herein expressly provided. No widower, widow, heir, or devisee of any person who may be a Beneficiary shall have any right of dower, homestead, or inheritance, or of partition, or of any other right, statutory or otherwise, in any property forming a part of Trust Assets but the whole title to the Trust Assets shall be vested in the Trustee and the sole interest of the applicable Beneficiaries shall be the rights and benefits given to such Persons under this Agreement.

Rights of Beneficiaries. Each Beneficiary shall be entitled to participate in the rights and benefits due to a Beneficiary hereunder according to his the Beneficiary’s Beneficial Interest. Each Beneficiary shall take and hold the same subject to all the terms and provisions of this Agreement. The interest of the each Beneficiary hereby hereunder is declared declared, and shall be in all respects respects, personal property and upon the death of an individual Beneficiary, his the Beneficiary’s Beneficial Interest shall pass as personal property to his the Beneficiary’s legal representative and such death shall in no way terminate or affect the validity of this Agreement, provided that the Trustee shall not be required to evidence a book entry transfer of a deceased Beneficiary’s Beneficial Interest to his legal representative until the Trustee shall have received Letters Testamentary or Letters of Administration and written notice of the death of the deceased Beneficiary. A Beneficiary shall have no title to, right to, possession of, management of, or control of, the Trust Assets except as herein expressly providedprovided herein. No widower, widow, heir, heir or devisee of any person individual who may be a Beneficiary shall have any right of dower, homestead, or inheritance, or of partition, marital property right or of any other right, statutory or otherwise, in any property forming a part of the Trust Assets but the whole title to all the Trust Assets shall be vested in the Trustee and the sole interest of the applicable Beneficiaries shall be the rights and benefits given to such Persons under this Agreement.

Rights of Beneficiaries. Each Beneficiary shall be entitled to participate in the rights and benefits due to a Beneficiary hereunder according to his the Beneficiary’s Beneficial Interest. Each Beneficiary shall take and hold the same subject to all the terms and provisions of this Agreement. The interest of the each Beneficiary hereby hereunder is declared declared, and shall be in all respects respects, personal property and upon the death of an individual Beneficiary, his the Beneficiary’s Beneficial Interest shall pass as personal property to his the Beneficiary’s legal representative and such death shall in no way terminate or affect the validity of this Agreement, provided that the Trustee shall not be required to evidence a book entry transfer of a deceased Beneficiary’s Beneficial Interest to his legal representative until the Trustee shall have received Letters Testamentary or Letters of Administration and written notice of the death of the deceased Beneficiary. A Beneficiary shall have no title to, right to, possession of, management of, or control of, the Trust Assets except as herein expressly providedprovided herein. No widower, widow, heir, heir or devisee of any person who may be a Beneficiary shall have any right of dower, homestead, or inheritance, or of partition, or of any other right, statutory or otherwise, in any property forming a part of the Trust Assets but the whole title to all the Trust Assets shall be vested in the Trustee and the sole interest of the applicable Beneficiaries shall be the rights and benefits given to such Persons under this Agreement.

Rights of Beneficiaries. Each Beneficiary shall will be entitled to participate in the rights and benefits due to a Beneficiary hereunder according to his Beneficial Interesthereunder. Each Beneficiary shall take and hold the same its uncertificated beneficial interest subject to all of the terms and provisions of this AgreementTrust Agreement and the Plan. The interest of a Beneficiary of the Beneficiary hereby Trust is declared and shall be in all respects personal property property, and upon the death death, insolvency or incapacity of an individual Beneficiary, his Beneficial Interest such Beneficiary's interest shall pass as personal property to his the legal representative of such Beneficiary and such death death, insolvency or incapacity shall in no way not terminate or affect the validity of this Trust Agreement, provided that the Trustee shall not be required to evidence a book entry transfer of a deceased Beneficiary’s Beneficial Interest to his legal representative until the Trustee shall have received Letters Testamentary or Letters of Administration and written notice of the death of the deceased Beneficiary. A Beneficiary shall have no title to, right to, possession of, management of, or control of, the Trust Assets except as herein expressly provided. No widowersurviving spouse, widow, heir, heir or devisee of any person who may be a deceased Beneficiary shall have any right of dower, homestead, or inheritance, or of partition, or of any other right, statutory or otherwise, in any property forming a part of the Trust Assets Assets, but the whole title to all the Trust Assets shall be vested in the Liquidating Trustee and the sole interest of the applicable Beneficiaries shall be the rights and benefits given to such Persons persons under this Trust Agreement.

Rights of Beneficiaries. (a) Each Beneficiary shall be entitled to participate in the rights and benefits due to a Beneficiary hereunder according to his Beneficial Interest. Each Beneficiary shall take and hold the same subject to all the terms and provisions of this Agreementconditions hereof. The interest of the Beneficiary hereby is declared and shall be in all respects personal property and upon the death of an individual Beneficiary, his Beneficial Interest shall pass as personal property to his legal representative and such death shall in no way terminate or affect the validity of this Agreement, provided that Agreement or the Trustee shall not be required to evidence a book entry transfer of a deceased Beneficiary’s Beneficial Interest to his legal representative until the Trustee shall have received Letters Testamentary or Letters of Administration and written notice of the death of the deceased BeneficiaryTrust. A Beneficiary shall have no title to, right to, possession of, management ofof or control of the Trust Assets, or control ofany of them, or to or of the Trust Assets except as herein expressly provided. No widower, widow, heir, distributee, legatee or devisee of any person Person who may be a Beneficiary shall have any right of dower, homestead, homestead or inheritance, inheritance or of partition, partition or of any other right, statutory or otherwise, in any property or asset forming a part of the Trust Assets but the whole title to all of the Trust Assets shall be vested in the Trustee Trustees and the sole interest of the applicable Beneficiaries or any such other Person shall be the rights and benefits given to such Persons under this Agreement. For federal, state and local income tax purposes, the Beneficiaries will be treated as the grantors and deemed owners of the Trust, and they will be treated as owning undivided interests in the Trust Assets.

Rights of Beneficiaries. Each Beneficiary shall be entitled to participate in the rights and benefits due to a Beneficiary hereunder according to his the Beneficiary’s Beneficial Interest. Each Beneficiary shall take and hold the same subject to all the terms and provisions of this Agreement. The interest of the each Beneficiary hereby hereunder is declared declared, and shall be in all respects respects, personal property and upon the death of an individual Beneficiary, his the Beneficiary’s Beneficial Interest shall pass as personal property to his the Beneficiary’s legal representative and such death shall in no way terminate or affect the validity of this Agreement, provided that the Trustee shall not be required to evidence a book entry transfer of a deceased Beneficiary’s Beneficial Interest to his legal representative until the Trustee shall have received Letters Testamentary or Letters of Administration and written notice of the death of the deceased Beneficiary. A Beneficiary shall have no title to, right to, possession of, management of, or control of, the Trust Assets except as herein expressly providedprovided herein. No widower, widow, heir, heir or devisee of any person who may be a Beneficiary shall have any right of dower, homestead, or inheritance, or of partition, or of any other right, statutory or otherwise, in any property forming a part of the Trust Assets but the whole title to all the Trust Assets shall be vested in the Trustee Trust and the sole interest of the applicable Beneficiaries shall be the rights and benefits given to such Persons under this Agreement.

Rights of Beneficiaries. Each Beneficiary shall be entitled to participate participation in the rights and benefits due to a Beneficiary hereunder according to his its Beneficial Interest. Each Beneficiary shall take and hold the same subject to all the terms and provisions of this Litigation Trust Agreement. The interest of the a Beneficiary is hereby is declared and shall be in all respects personal property and upon property. Upon the death of an individual who is a Beneficiary, his Beneficial Interest interest shall pass as personal property to his legal representative and such death shall in no way terminate or affect the validity of this Litigation Trust Agreement. Upon the merger, consolidation or other similar transaction involving a Beneficiary that is not an individual, such Beneficiary's interest shall be transferred by operation of law and such transaction shall in no way terminate or affect the validity of this Litigation Trust Agreement. Except as expressly provided that the Trustee shall not be required to evidence hereunder, a book entry transfer of a deceased Beneficiary’s Beneficial Interest to his legal representative until the Trustee shall have received Letters Testamentary or Letters of Administration and written notice of the death of the deceased Beneficiary. A Beneficiary shall have no title to, right to, possession of, management of, of or control of, of the Trust Assets except as herein expressly providedEstate. No widower, widow, heir, heir or devisee of any person individual who may be a Beneficiary and no bankruptcy trustee, receiver or similar person of any Beneficiary shall have any right, statutory or otherwise, (including any right of dower, homestead, homestead or inheritance, or of partition, or of any other right, statutory or otherwiseas applicable), in any property whatever forming a part of the Trust Assets Estate, but the whole title to all the Trust Assets Estate shall be vested in the Trustee and the sole interest of the applicable Beneficiaries shall be the rights and benefits given to such Persons persons under this Litigation Trust Agreement.

Rights of Beneficiaries. Each Beneficiary shall be entitled to participate in the rights and benefits due to a Beneficiary hereunder according to his the Beneficiary’s Beneficial Interest. Each Beneficiary shall take and hold the same subject to all the terms and provisions of this Agreement. The interest of the each Beneficiary hereby hereunder is declared declared, and shall be in all respects respects, personal property and upon the death of an individual Beneficiary, his the Beneficiary’s Beneficial Interest shall pass as personal property to his the Beneficiary’s legal representative and such death shall in no way terminate or affect the validity of this Agreement, provided that the Trustee shall not be required to evidence a book entry transfer of a deceased Beneficiary’s Beneficial Interest to his legal representative until the Trustee shall have received Letters Testamentary or Letters of Administration and written notice of the death of the deceased Beneficiary. A Beneficiary shall have no title to, right to, possession of, management of, or control of, the Trust Assets except as herein expressly providedprovided herein. No widower, widow, heir, heir or devisee of any person who may be a Beneficiary shall have any right of dower, homestead, or inheritance, or of partition, or of any other right, statutory or otherwise, in any property forming a part of the Trust Assets but the whole title to all the Trust Assets shall be vested in the Trustee Trustees and the sole interest of the applicable Beneficiaries shall be the rights and benefits given to such Persons under this Agreement.

Rights of Beneficiaries. Each Beneficiary shall be entitled to participate in the rights and benefits due to a Beneficiary hereunder according to his Beneficial Interest. Each Beneficiary shall take and hold the same subject to all the terms and provisions of this Agreement. The interest interests of the Beneficiary hereby is declared Beneficiaries (the "Beneficial Interests") shall not be represented by any certificates and shall be in all respects personal property and upon the death of an individual Beneficiary, his evidenced only by this SAT Agreement. Beneficial Interest shall pass as personal property to his legal representative and such death shall in no way terminate or affect the validity of this Agreement, provided that the Trustee shall Interests may not be required to evidence a book entry transfer transferred or assigned except by will or the laws of a deceased Beneficiary’s Beneficial Interest to his legal representative until the Trustee shall have received Letters Testamentary or Letters of Administration and written notice of the death of the deceased Beneficiaryintestacy. A Beneficiary Beneficiaries shall have no title to, right to, possession of, management of, or control of, of the Second Amended Shareholders Trust or the Trust Assets. The Beneficiaries' sole right hereunder shall be the contingent right to receive a Pro Rata share of the Trust Assets except as herein expressly providedprovided for in the Plan and Confirmation Order, payable as provided herein. Each Beneficiary shall take and hold its Beneficial Interest subject to all the terms and provisions of this SAT Agreement, the Plan and the Confirmation Order. The interest of a Beneficiary is hereby declared and shall be in all respects personal property. Upon the death of an individual who is a Beneficiary, his or her interest shall pass as personal property to his or her legal representative and such death shall not terminate or affect the validity of this SAT Agreement or the Second Amended Shareholders Trust. Upon the merger, consolidation or other similar transaction involving a Beneficiary that is not an individual, such Beneficiary's interest shall be transferred by operation of law and such transaction shall not terminate or affect the validity of this SAT Agreement or the Trust. No widower, widow, heir, heir or devisee of any person individual who may be a Beneficiary and no bankruptcy trustee, receiver or similar person of any Beneficiary shall have any right, statutory or otherwise (including any right of dower, homestead, homestead or inheritance, or of partition, or of any other right, statutory or otherwiseas applicable), in any property whatever forming a part of the Second Amended Shareholders Trust Assets or the Trust Assets, but the whole title to the Second Amended Shareholders Trust and the Trust Assets shall be vested in the Trustee Trustee, and the sole interest of the applicable Beneficiaries shall be the rights and benefits given to such Persons persons under this AgreementSAT Agreement and the Plan.

Rights of Beneficiaries. Each Beneficiary shall be entitled to participate in the rights and benefits due to a Beneficiary hereunder according to his Beneficial Interesthereunder. Each Beneficiary shall take and hold the same his, her or its beneficial interest subject to all of the terms and provisions of this Agreement. The interest of a Beneficiary of the Beneficiary hereby Liquidating Trust is declared and shall be in all respects personal property property, and upon the death death, insolvency or incapacity of an individual Beneficiary, his Beneficial Interest such Beneficiary's interest shall pass as personal property to his the legal representative of such Beneficiary and such death death, insolvency or incapacity shall in no way not terminate or affect the validity of this Agreement, provided that the Trustee shall not be required to evidence a book entry transfer of a deceased Beneficiary’s Beneficial Interest to his legal representative until the Trustee shall have received Letters Testamentary or Letters of Administration and written notice of the death of the deceased Beneficiary. A Beneficiary shall have no title to, right to, possession of, management of, or control of, the Trust Assets Estate except as herein expressly provided. No widowersurviving spouse, widow, heir, heir or devisee of any person who may be a deceased Beneficiary shall have any right of dower, homestead, or inheritance, or of partition, or of any other right, statutory or otherwise, in any property forming a part of the Trust Assets Estate, but the whole title to all the Trust Assets Estate shall be vested in the Administrative Trustee and the sole interest of the applicable Beneficiaries shall be the rights and benefits given to such Persons persons under this Agreement. This Agreement does not create for, or give to, any Beneficiary any direct legal interest or property to any of the Trust Assets, but does create a beneficial interest in the Trust Assets to the extent of each Beneficiary's respective Beneficial Interest.

Rights of Beneficiaries. Each Beneficiary shall be entitled to participate in the rights and benefits due to a Beneficiary hereunder according to his the Beneficiary's Beneficial Interest. Each Beneficiary shall take and hold the same subject to all the terms and provisions of this Agreement. The interest of the each Beneficiary hereby hereunder is declared declared, and shall be in all respects respects, personal property and upon the death of an individual Beneficiary, his the Beneficiary's Beneficial Interest shall pass as personal property to his the Beneficiary's legal representative and such death shall in no way terminate or affect the validity of this Agreement, provided that the Trustee shall not be required to evidence a book entry transfer of a deceased Beneficiary’s Beneficial Interest to his legal representative until the Trustee shall have received Letters Testamentary or Letters of Administration and written notice of the death of the deceased Beneficiary. A Beneficiary shall have no title to, right to, possession of, management of, or control of, the Trust Assets except as herein expressly providedprovided herein. No widower, widow, heir, heir or devisee of any person who may be a Beneficiary shall have any right of dower, homestead, or inheritance, or of partition, or of any other right, statutory or otherwise, in any property forming a part of the Trust Assets but the whole title to all the Trust Assets shall be vested in the Trustee Trustees and the sole interest of the applicable Beneficiaries shall be the rights and benefits given to such Persons under this Agreement.. 3.3 Limitations on Transfer of Interests of Beneficiaries. (a) THE BENEFICIAL INTEREST OF A BENEFICIARY MAY NOT BE TRANSFERRED; PROVIDED THAT THE BENEFICIAL INTERESTS SHALL BE ASSIGNABLE OR TRANSFERABLE BY WILL, INTESTATE SUCCESSION, OR OPERATION OF LAW. (b) 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 Trustees 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. 6 3.4

Rights of Beneficiaries. Each Beneficiary shall be entitled to participate in the rights and benefits due to a Beneficiary hereunder according to his Beneficial Interesthereunder. Each Beneficiary shall take and hold the same its Beneficial Interest subject to all the terms and provisions of this Agreement. The Beneficial Interests shall not be certificated. No Beneficiary shall have legal title to any part of the Creditor Distribution Trust Fund. The interest of the a Beneficiary hereby is declared and shall be in all respects personal property property, and upon the death death, insolvency or incapacity of an individual Beneficiary, his such Beneficiary’s Beneficial Interest shall pass as personal property to his the legal representative and of such death shall in no way terminate or affect the validity of this Agreement, provided that the Trustee shall not be required to evidence a book entry transfer of a deceased Beneficiary’s Beneficial Interest to his legal representative until the Trustee shall have received Letters Testamentary or Letters of Administration and written notice of the death of the deceased Beneficiary. A Beneficiary shall have no title to, or any right toto possess, possession ofmanage or control, management ofthe Creditor Distribution Trust Fund, or control ofany portion thereof or interest therein, the Trust Assets except as herein expressly providedprovided herein. No widower, widowsurviving spouse, heir, or devisee of any person who may be a deceased Beneficiary shall have any right of dower, homestead, homestead or inheritance, or of partition, or of any other right, statutory or otherwise, in any property forming a part of the Creditor Distribution Trust Assets Fund, but the whole title to all the Creditor Distribution Trust Assets Fund shall be vested in the Creditor Trustee and the sole interest of the applicable Beneficiaries shall be the rights and benefits given provided to such Persons persons under this AgreementAgreement and the Settlement Order.

Rights of Beneficiaries. Each Beneficiary shall be entitled to participate in the rights and benefits due to a such Beneficiary hereunder according to his the Beneficiary’s Beneficial Interest. Each Beneficiary shall take and hold the same subject to all the terms and provisions of this Agreement. The interest of the each Beneficiary hereby hereunder is declared declared, and shall be in all respects respects, personal property and upon the death of an individual Beneficiary, his the Beneficiary’s Beneficial Interest shall pass as personal property to his the Beneficiary’s legal representative and such death shall in no way terminate or affect the validity of this Agreement; provided, provided that however, the Trustee Trustees or their agents shall not be required obligated to evidence book a book entry transfer of a deceased Beneficiary’s Beneficial Interest to his or her legal representative until the Trustee Trustees shall have received Letters Testamentary or Letters of Administration and written notice of the death of the deceased Beneficiary. A Beneficiary shall have no title to, right to, possession of, management of, or control of, any of the Trust Assets except the right to receive distributions of the net proceeds thereof as, when, and if made as herein expressly providedprovided herein. No widower, widow, heir, heir or devisee of any person who may be a Beneficiary shall have any right of dower, homestead, or inheritance, or of partition, or of any other right, statutory or otherwise, in any property forming a part of Trust Assets but the whole title to the Trust Assets shall be vested in the Trustee and the sole interest of the applicable Beneficiaries shall be the rights and benefits given to such Persons under this AgreementAssets.

Rights of Beneficiaries. Each Beneficiary shall be entitled to participate in the rights and benefits due to a Beneficiary hereunder according to his Beneficial Interest. Each Beneficiary shall take and hold the same subject to all the terms and provisions of this Agreement. The interest of the Beneficiary hereby is declared and shall be in all respects personal property and upon the death of an individual Beneficiary, his Beneficial Interest shall pass as personal property to his legal representative and such death shall in no way terminate or affect the validity of this Agreement, provided that the Managing Trustee shall not be required to evidence a book entry transfer of a deceased Beneficiary’s Beneficial Interest to his legal representative until the Managing Trustee shall have received Letters Testamentary or Letters of Administration and written notice of the death of the deceased Beneficiary. A Beneficiary shall have no title to, or right to, possession ofor possession, management of, or control of, the Trust Assets except as herein expressly provided. No widower, widow, heir, or devisee of any person Person who may be a Beneficiary shall have any right of dower, homestead, or inheritance, or of partition, or of any other right, statutory or otherwise, in any property forming a part of Trust Assets but the whole title to the Trust Assets shall be vested in the Managing Trustee and the sole interest of the applicable Beneficiaries shall be the rights and benefits given to such Persons under this Agreement.. 3.3

Rights of Beneficiaries. Each Beneficiary shall be entitled to participate participation in the rights and benefits due to a Beneficiary hereunder according to his its Beneficial Interest. Each Beneficiary shall take and hold the same subject to all the terms and provisions of this Agreement. The interest of the a Beneficiary is hereby is declared and shall be in all respects personal property and upon property. Upon the death of an individual who is a Beneficiary, his Beneficial Interest interest shall pass as personal property to his legal representative and such death shall in no way terminate or affect the validity of this Agreement. Upon the merger, consolidation or other similar transaction involving a Beneficiary that is not an individual, such Beneficiary's interest shall be transferred by operation of law and such transaction shall in no way terminate or affect the validity of this Agreement. Except as expressly provided that the Trustee shall not be required to evidence hereunder, a book entry transfer of a deceased Beneficiary’s Beneficial Interest to his legal representative until the Trustee shall have received Letters Testamentary or Letters of Administration and written notice of the death of the deceased Beneficiary. A Beneficiary shall have no title to, right to, possession of, management of, of or control of, of the Trust Assets except as herein expressly providedTrust. No widower, widow, heir, heir or devisee of any person individual who may be a Beneficiary and no bankruptcy trustee, receiver or similar person of any Beneficiary shall have any right, statutory or otherwise (including any right of dower, homestead, homestead or inheritance, or of partition, or of any other right, statutory or otherwiseas applicable), in any property whatever forming a part of Trust Assets the Trust, but the whole title to all the Trust Assets Trust's assets shall be vested in the Trustee and the sole interest of the applicable Beneficiaries shall be the rights and benefits given to such Persons persons under this AgreementAgreement and the Plan.

Rights of Beneficiaries. 9. Each Beneficiary shall be entitled to participate in the rights and benefits due to a Beneficiary hereunder according to his or her Beneficial Interest. Each Beneficiary shall take and hold the same subject to all the terms and provisions of this Agreement. The interest of the Beneficiary hereby is declared and shall be in all respects personal property and upon the death of an individual Beneficiary, his Beneficial Interest shall pass as personal property to his legal representative and such death shall in no way terminate or affect the validity of this Agreement, provided that the Managing Trustee shall not be required to evidence a book entry transfer of a deceased Beneficiary’s Beneficial Interest to his legal representative until the Managing Trustee shall have received Letters Testamentary or Letters of Administration and written notice of the death of the deceased Beneficiary. A Beneficiary shall have no title to, or right to, possession ofor possession, management of, or control of, the Trust Assets except as herein expressly provided. No widower, widow, heir, or devisee of any person Person who may be a Beneficiary shall have any right of dower, homestead, or inheritance, or of partition, or of any other right, statutory or otherwise, in any property forming a part of Trust Assets but the whole title to the Trust Assets shall be vested in the Managing Trustee and the sole interest of the applicable Beneficiaries shall be the rights and benefits given to such Persons under this Agreement.

Rights of Beneficiaries. Each Beneficiary shall be entitled to participate in the rights and benefits due to a Beneficiary hereunder according to his his, her or its Beneficial Interest. Each Beneficiary shall take and hold the same subject to all the terms and provisions of this Agreement. The interest of the Beneficiary hereby is declared and shall be in all respects personal property and and, upon the death of an individual Beneficiary, his his, her or its Beneficial Interest shall pass as personal property to his his, her or its legal representative and such death shall in no way terminate or affect the validity of this Agreement, provided that the Trustee shall not be required to evidence a book entry transfer of a deceased Beneficiary’s Beneficial Interest to his legal representative until the Trustee shall have received Letters Testamentary or Letters of Administration and written notice of the death of the deceased Beneficiary. A Beneficiary shall have no title to, right to, possession of, management of, or control of, the Trust Assets Property, except as herein expressly provided. No widower, widow, heir, or devisee of any person who may be a Beneficiary shall have any right of dower, homestead, or inheritance, or of partition, or of any other right, statutory or otherwise, in any property forming a part of the Trust Assets Property, but the whole title to all the Trust Assets Property shall be vested in the Trustee and the sole interest of the applicable Beneficiaries shall be the rights and benefits given to such Persons under this the Agreement.