Common use of Rights to Distributions Clause in Contracts

Rights to Distributions. The Trustee, as record holder of Excess Shares, shall be entitled to receive all distributions on such Shares and shall hold such distributions in trust for the benefit of the Beneficiary. The Prohibited Owner with respect to Excess Shares shall repay to the Trustee the amount of any distributions received by it that (i) are attributable to any Shares designated Excess Shares and (ii) becomes payable on or after the date that such Shares became Excess Shares. The Company shall take all measures that it determines reasonably necessary to recover the amount of any such distribution paid to a Prohibited Owner, including, if necessary, withholding any portion of future distributions payable on Shares held by a Person who, but for the provisions of Section 9.3, would receive the distributions with respect to the Excess Shares and, as soon as reasonably practicable following the Company’s receipt or withholding thereof, shall pay over to the Trustee for the benefit of the Beneficiary the distributions so received or withheld, as the case may be.