AMENDMENT OF DECLARATION OF TRUST Sample Clauses

AMENDMENT OF DECLARATION OF TRUST. Except as specifically provided herein, the Sponsor, in its sole discretion and without Shareholder consent, may amend or otherwise supplement this Declaration of Trust by making an amendment, a Declaration of Trust supplemental hereto, or an amended and restated declaration of trust. Any such restatement, amendment and/or supplement hereto shall be effective on such date as designated by Sponsor in its sole discretion.
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AMENDMENT OF DECLARATION OF TRUST. Meditrust shall not amend its Declaration of Trust except if (a) such amendment is required by applicable law or (b) the Bank consents to such amendment, which consent shall not be unreasonably withheld. In the event of any such amendment, Meditrust shall promptly forward copies thereof to the Bank. Notwithstanding the foregoing, Meditrust may amend its Declaration of Trust in the manner set forth in the proxy statement issued in connection with its 1992 and 1994 annual meetings.
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AMENDMENT OF DECLARATION OF TRUST. A. This Declaration of Trust may be amended upon a resolution to that effect being adopted by the Trustees and approved by the affirmative vote of the holders of not less than a majority of the outstanding Shares, voting in the aggregate and not by class except to the extent that applicable law may require voting by class. B. Notwithstanding any other provision hereof, until such time as a Registration Statement under the Securities Act of 1933, as amended, covering the first public offering of securities of the Trust shall have become effective, this Declaration of Trust may be terminated or amended in any respect by the affirmative vote of a majority of the Trustees. C. The Trustees may amend this Declaration of Trust without a vote of Shareholders to change the name of the Trust or to cure any error or ambiguity or if they deem it necessary to conform this Declaration of Trust to the requirements of applicable state or federal laws or regulations, including without limitation the requirements of the regulated investment company provisions of the Internal Revenue Code, but the Trustees shall not be liable for failing so to do. D. Notwithstanding any other provision hereof, this Declaration of Trust may not be amended in any manner whatsoever that would impair the exemption from personal liability of the Trustees and Shareholders of the Trust or that would permit an assessment upon any Shareholder.
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AMENDMENT OF DECLARATION OF TRUST. Immediately prior to the effective date of the IPO Registration Statement, MIT will file the Amended and Restated Declaration of Trust with the Maryland SDAT, substantially in the form to be attached as an exhibit to the IPO Registration Statement, to among other things provide for the authorization of Class B Common Shares and the Preferred Shares.
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AMENDMENT OF DECLARATION OF TRUST. The Company shall not amend its Declaration of Trust, Certificate of Incorporation or other charter document except if (a) such amendment is required by applicable law, (b) the Agent consents to such amendment, which consent shall not be unreasonably withheld or (c) such amendment is required by the Santa ▇▇▇▇▇ Merger. In the event of any such amendment, the Company shall promptly forward copies thereof to the Banks.
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AMENDMENT OF DECLARATION OF TRUST. On or before June 30, 1997, the Trust will file a proxy statement with the Securities and Exchange Commission which includes a proposal to be voted upon by shareholders to amend the Declaration of Trust to provide that a special meeting of shareholders may be called by a majority of the Trust Managers, any officer of the Trust or the holders of at least 5% of all the shares entitled to vote at such meeting.
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AMENDMENT OF DECLARATION OF TRUST. AMENDMENT AND WAIVER OF LEASES AND LEASE GUARANTIES. Borrower will not amend, supplement or otherwise modify the Declaration of Trust of Borrower, and neither Guarantor will amend, supplement or otherwise modify the Declaration of Trust of such Guarantor, in a manner which would be reasonably likely to cause a Material Adverse Effect. Neither Guarantor will, without the prior written consent of Administrative Agent, (i) amend, supplement or modify any Marriott Lease, any Marriott Lease Guaranty, the Brookdale Master Lease or the Brookdale Lease Guaranty in any material respect, (ii) renew any Marriott Lease or the Brookdale Master Lease (other than extensions of the terms thereof as provided therein) or terminate any Marriott Lease, any Marriott Lease Guaranty, the Brookdale Master Lease or the Brookdale Lease Guaranty, or (iii) waive any material obligation of any Tenant or Marriott or Brookdale Lease Guarantor under any Marriott Lease, Marriott Lease Guaranty, the Brookdale Master Lease or the Brookdale Lease Guaranty or any material right or remedy of such Guarantor or any material event of default thereunder.
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Related to AMENDMENT OF DECLARATION OF TRUST

  • Amended and Restated Agreement and Declaration of Trust A copy of the Amended and Restated Agreement and Declaration of Trust for the Trust is on file with the Secretary of the Commonwealth of Massachusetts. The Amended and Restated Agreement and Declaration of Trust has been executed on behalf of the Trust by Trustees of the Trust in their capacity as Trustees of the Trust and not individually. The obligations of this Agreement shall be binding upon the assets and property of the Trust and shall not be binding upon any Trustee, officer, or shareholder of the Trust individually.

  • Agreement and Declaration of Trust These By-Laws shall be subject to the Agreement and Declaration of Trust, as from time to time in effect (the "Declaration of Trust"), of the above-captioned Massachusetts business trust established by the Declaration of Trust (the "Trust").

  • Declaration of Trust The Owner Trustee hereby declares that it will hold the Owner Trust Estate in trust upon and subject to the conditions set forth herein for the use and benefit of the Certificateholders, subject to the obligations of the Trust under the Transaction Documents. It is the intention of the parties hereto that (i) the Trust constitute a statutory trust under the Statutory Trust Statute and that this Trust Agreement constitute the governing instrument of such statutory trust and (ii) solely for income and franchise tax purposes, the Trust shall be treated (A) if it has one beneficial owner, as a non-entity and (B) if it has more than one beneficial owner, as a partnership, with the assets of the partnership being the Receivables and other assets held by the Trust, the partners of the partnership being the Certificateholders and the Notes constituting indebtedness of the partnership. Unless otherwise required by the appropriate tax authorities, the Trust shall file or cause to be filed annual or other necessary returns, reports and other forms consistent with the characterization of the Trust either as a nonentity or as a partnership for such tax purposes. Effective as of the date hereof, the Owner Trustee shall have all rights, powers and duties set forth herein and in the Statutory Trust Statute with respect to accomplishing the purposes of the Trust. The parties have caused the filing of the Certificate of Trust with the Secretary of State. If it is determined that, contrary to the intent of the parties hereto and the position of the Certificateholder, the Trust has “gross receipts” for purposes of the Margin Tax, it is the intention of the parties hereto that the Trust be treated as a “passive entity” for purposes of the Margin Tax, formed to hold assets to facilitate securitization transactions in a manner similar to grantor trusts and real estate mortgage investment conduits as defined by Section 860D of the Code. The Depositor, and the Certificateholders by acceptance of a Certificate, agree that if it is determined that, contrary to the intent of the parties hereto and the position of the Certificateholder, the Trust has “gross receipts” for purposes of the Margin Tax, they will, unless otherwise required by law, treat the Trust as a “passive entity” for purposes of the Margin Tax and will not, unless otherwise required by law, take any action to include the Trust as part of an affiliated group engaged in a unitary business (as such terms are used in the Margin Tax). Notwithstanding anything to the contrary contained herein, nothing in this Trust Agreement should be read to imply that the Trust is doing business in Texas or has sufficient nexus with Texas in order for the Margin Tax to apply to the Trust.

  • Amended and Restated Trust Agreement This Trust Agreement is the amended and restated trust agreement contemplated by the Trust Agreement dated as of [___], 20[___], between the Depositor and the Owner Trustee (the “Initial Trust Agreement”). This Trust Agreement amends and restates in its entirety the Initial Trust Agreement.

  • Effect of Amendment and Restatement It is the intent of the parties hereto that this Agreement shall, as of the date hereof, replace in its entirety the Original Trust Agreement; provided, however, that with respect to the period of time from January 20, 2021 through the date hereof, the rights and obligations of the parties shall be governed by the Original Trust Agreement; and provided further, that the amendment and restatement of the Original Trust Agreement shall not affect any of the grants, conveyances or transfers contemplated by the Original Trust Agreement to have occurred prior to the date hereof.