RMR ASIA PACIFIC REAL ESTATE FUND AMENDMENT NO. 3 TO AMENDED AND RESTATED AGREEMENT AND DECLARATION OF TRUST AMENDMENT NO. 3, dated as of August 8, 2008 to the Amended and Restated Agreement and Declaration of Trust of the RMR Asia Pacific Real Estate...Amendment No. 3 to Amended and Restated Agreement and Declaration of Trust • August 29th, 2008 • RMR Asia Pacific Real Estate Fund
AMENDMENT NO. 3, dated as of August 8, 2008 to the Amended and Restated Agreement and Declaration of Trust of the RMR Asia Pacific Real Estate Fund dated as of April 18, 2006 (as heretofore amended, the Agreement and Declaration of Trust). Article XI, Section 2 of the Agreement and Declaration of Trust is replaced in its entirety with the following text: Section 2. Amendments by Shareholders and Trustees (a) Except as otherwise provided in Section 1 and in paragraph (b) of this Section 2, the affirmative vote of a majority of Trustees then in office and at least 75% of the Shares outstanding and entitled to vote (by class or series or in combination as may be established in the Bylaws or by the Trustees) shall be required to amend, alter, change or repeal any provision of this Declaration. (b) Notwithstanding anything to the contrary in paragraph (a) of this Section 2, if an amendment to this Declaration is approved by 75% of the Trustees then in office, no Shareholder approval will be
