RMR ASIA PACIFIC REAL ESTATE FUND
AMENDMENT NO. 1 TO AMENDED AND RESTATED
AGREEMENT AND DECLARATION OF TRUST
AMENDMENT NO. 1, dated as of July 5, 2007 to the Amended
and Restated Agreement and Declaration of Trust of the RMR
Real Estate Fund dated as of April 18, 2006.
Article X of the Trusts Amended and Restated Agreement
and Declaration of Trust is amended to add the following
Section 5 in its entirety and current sections 5 through 10
of Article X are renumbered accordingly:
Section 5.
Indemnification of the Trust. Each shareholder will indemnify
and hold harmless the Trust (and, if applicable, any Charitable
Trustee) from and against all costs, expenses, penalties, fines
and other amounts, including, without limitation, attorneys and
other professional fees, whether third party or internal,
arising from such shareholders breach of any provision of this
Declaration or Bylaws, including, without limitation, Sections
2.1 through 2.6 of Article V, and shall pay such sums to the
Trust upon demand, together with interest on such amounts, which
interest will accrue at the lesser of 15% per annum compounded
and the maximum amount permitted by law, from the date such
costs or the like are incurred until the receipt of repayment
by the Trust.
IN WITNESS WHEREOF, RMR Asia Pacific Real Estate Fund has
caused this Amendment to be executed by its duly authorized
officer as of the day and year first above written.
RMR ASIA PACIFIC REAL ESTATE FUND
By:/s/ Xxxx X. Xxxxxxx
Xxxx X. Xxxxxxx
President