Notice and Sale by Trustee. If at any time dividends, interest, principal or other payments, after declared and when due and payable, on any of the Securities shall not have been paid within thirty (30) days, the Trustee shall notify the Depositor thereof. If within thirty (30) days after such notification the Depositor has not given any instruction to sell or to hold or has not taken any other action in connection with such Securities, the Trustee may in its discretion sell such Securities forthwith, and the Trustee shall not be liable or responsible in any way for depreciation or loss incurred by reason of such sale.”
21. Section 3.10(d)(i) is replaced in its entirety with the following:
(i) The Depositor may resign and be discharged hereunder, by executing an instrument in writing resigning as Depositor and filing the same with the Trustee, not less than sixty (60) days before the date specified in such instrument when such resignation is to take effect. Upon effective resignation hereunder, the resigning Depositor shall be discharged and shall no longer be liable in any manner hereunder except as to acts or omissions occurring prior to such resignation and any successor depositor appointed by the Trustee pursuant to Section 7.01(g) shall thereupon perform all duties and be entitled to all rights under this Indenture. The successor Depositor shall not be under any liability hereunder for occurrences or omissions prior to the execution of such instrument. Notice of such resignation and appointment of a successor depositor shall be delivered by the Trustee to each Unitholder then of record.”
22. The second sentence of Section 3.15 is replaced in its entirety with the following: “For Trusts in which the applicable Prospectus provides for daily accrual of the Creation and Development Fee, the Creation and Development Fee will accrue on a daily basis from the day after the conclusion of the initial offering period through the Trust’s Mandatory Termination Date. Such a Creation and Development Fee will accrue at a daily rate of the total fixed dollar Creation and Development Fee amount stated in the applicable Prospectus divided by the number of days from the day after the conclusion of the initial offering period through the Trust’s Mandatory Termination Date.”
23. The eighth sentence of Section 3.15 is deleted in its entirety.
24. The first sentence of the third paragraph of Section 6.02(d) is replaced in its entirety with the following:
Notice and Sale by Trustee. If at any time a dividend (once due and payable) on any of the Equity Securities shall not have been paid or the principal or interest on any of the Bonds shall be in default and not paid or provisions for payment thereof shall not have been duly made, within 30 days, the Trustee shall notify the Depositor thereof. If within thirty days after such notification the Depositor has not given any instruction to sell or to hold or has not taken any other action in connection with such Securities, the Trustee may in its discretion sell such Securities forthwith, and the Trustee shall not be liable or responsible in any way for depreciation or loss incurred by reason of such sale."
Notice and Sale by Trustee. If at any time dividends, interest, principal or other payments, after declared and when due and payable, on any of the Securities shall not have been paid within thirty (30) days, the Trustee shall notify the Depositor thereof. If within thirty
Notice and Sale by Trustee. If at any time dividends, interest, principal or other payments, after declared and when due and payable, on any of the Securities shall not have been paid within thirty (30) days, the Trustee shall notify the Depositor thereof. If within thirty (30) days after such notification the Depositor has not given any instruction to sell or to hold or has not taken any other action in connection with such Securities, the Trustee may in its discretion sell such Securities forthwith, and the Trustee shall not be liable or responsible in any way for depreciation or loss incurred by reason of such sale.”
19. Section 3.10(d)(i) is replaced in its entirety with the following:
Notice and Sale by Trustee. If at any time there has been a failure by the issuer of any of the Securities to pay a dividend that is due and payable, the Trustee shall notify the Depositor thereof. If within thirty days after such notification the Trustee has not received any instruction from the Depositor to sell or to hold or to take any other action in connection with such Security, the Trustee shall sell such Security forthwith, and the Trustee shall not be liable or responsible in any way for depreciation or loss incurred by reason of such sale or by reason of any action or inaction in accordance with such written instructions of the Depositor. The Trustee shall promptly notify the Depositor of such action in writing and shall set forth therein the Security sold and the proceeds received therefrom.
Notice and Sale by Trustee. If at any time there has been a failure to pay a declared dividend on the Fund Shares the Trustee shall notify the Depositor thereof. If within thirty days after such notification the Depositor has not given any written instruction to sell or to hold or has not taken any other action in connection with such Fund Shares, the Trustee shall sell such Fund Shares forthwith, and the Trustee shall not be liable or responsible in any way for depreciation or loss incurred by reason of such sale.
Notice and Sale by Trustee. If at any time the principal of or interest on any of the Treasury Obligations shall be in default and not paid or provision for payment thereof shall not have been duly made within thirty days, the Trustee shall notify the Depositor thereof. If within thirty days after such notification the Depositor has not given any instruction to sell or to hold or has not taken any other action in connection with such Treasury Obligations, the Trustee may in its discretion sell such Treasury Obligations forthwith, and the Trustee shall not be liable or responsible in any way for depreciation or loss incurred by reason of such sale."
22. Section 5.01(b) is replaced in its entirety with the following:
Notice and Sale by Trustee. If at any time the principal of or interest on any of the Bonds shall be in default and not paid or provision for payment thereof shall not have been duly made, the Trustee shall notify the Depositor thereof. If within 30 days after such notification the Depositor has not given any instructions to the Trustee to sell or to hold such Bonds or has not taken any other action in connection with such Bonds, the Trustee shall sell such Bonds forthwith, and the Trustee shall not be liable or responsible in any way for depreciation or loss incurred by reason of such sale.
Notice and Sale by Trustee. If at any time the principal of or interest on any of the Securities shall be in default and not paid or provision for payment thereof shall not have been duly made, either pursuant to any Insurance thereon or otherwise, the Trustee shall notify the Depositor thereof. If within thirty days after such notification the Depositor has not given any instruction to sell or to hold or has not taken any other action in connection with such Securities, the Trustee shall sell such Securities forthwith, and the Trustee shall not be liable or responsible in any way for depreciation or loss incurred by reason of such sale.
Notice and Sale by Trustee. If at any time the principal of or interest on any of the Bonds in a Trust shall be in default and not paid or provision for payment thereof shall not have been duly made, the Trustee shall notify the Depositor thereof, and, in addition, if the Trust is part of an insured series, the Trustee shall notify the Insurer of such Bonds and make claims for payments under the Insurance policy for the amounts due and not paid. If the Trust is part of an insured series, the Depositor shall determine whether the Insurance can be relied upon to maintain the interests of the Trust to at least as great an extent as a sale. If within thirty days after such notification the Depositor has not given any instruction to sell or to hold or has not taken any other action in connection with such Bonds, the Trustee shall sell such Bonds forthwith, and the Trustee shall not be liable or responsible in any way for depreciation or loss incurred by reason of such sale.
