Common use of Certain Voting Rights of Shareholders Clause in Contracts

Certain Voting Rights of Shareholders. (a) Subject to the provisions of any class or series of Common Shares then outstanding and the mandatory provisions of any applicable laws or regulations and subject to the other provisions of this Declaration (including Section 14.2), the following actions may be taken by the Shareholders, without concurrence by the Board of Trustees, upon a vote by the holders of more than fifty percent (50%) of the outstanding Common Shares of the Company entitled to vote on the matters: (i) modify this Declaration in accordance with Article VI hereof; (ii) remove the Advisor and appoint a new Advisor; (iii) sell all or substantially all of the Company’s assets other than in the ordinary course of the Company’s business; or (iv) elect Trustees at an annual meeting. (b) Without the approval of Shareholders entitled to cast a majority of all the votes entitled to be cast on the matter, or such other approval as may be required under the mandatory provisions of any applicable laws or regulations, or other provisions of this Declaration, the Company shall not permit: (i) the Advisor or the Board of Trustees to modify this Declaration except for amendments which do not adversely affect the rights of Shareholders; (ii) the Advisor or the Board of Trustees to appoint a new Advisor (other than a sub-adviser pursuant to the terms of an Advisory Agreement and applicable law); (iii) the Advisor or the Board of Trustees to sell all or substantially all of the Company’s assets other than in the ordinary course of the Company’s business or as otherwise permitted by law; or (iv) the Advisor, except as permitted under the Advisory Agreement, to voluntarily withdraw as the Advisor unless such withdrawal would not affect the tax status of the Company and would not materially adversely affect the Shareholders. (c) Shareholders entitled to cast at least a majority of all Common Shares of the Company entitled to vote may, without the necessity for concurrence by the Advisor, vote to dissolve the Company.

Certain Voting Rights of Shareholders. (a) Subject to the provisions enumerated rights of any class or series of Common Shares then outstanding preferred shares and the mandatory provisions of any applicable laws or regulations and subject to the other provisions of this Declaration (including Section 14.2)of Trust, the following actions may be taken by the Shareholders, without concurrence by the Board of Trustees, upon a vote by the holders of more than fifty percent (50%) of the outstanding Common Shares of the Company entitled to vote on the matters: (i) modify this Declaration of Trust in accordance with Article VI hereof; (ii) remove the Advisor Adviser and appoint a new Advisor;Adviser pursuant to the procedures in Section 8.4; or (iii) sell all or substantially all of the Company’s ’ assets other than in the ordinary course of the Company’s business; or (iv) elect Trustees at an annual meeting. (b) Without the approval of Shareholders entitled to cast a majority of all the votes entitled to be cast on the matter, or such other approval as may be required under the mandatory provisions of any applicable laws or regulations, or other provisions of this DeclarationDeclaration of Trust, the Company shall not permitpermit the Adviser to: (i) the Advisor or the Board of Trustees to modify this Declaration of Trust except for amendments which do not adversely affect the rights of Shareholders; (ii) the Advisor or the Board of Trustees to appoint a new Advisor Adviser (other than a sub-adviser pursuant to the terms of an Advisory Agreement and applicable law); (iii) the Advisor or the Board of Trustees to sell all or substantially all of the Company’s assets other than in the ordinary course of the Company’s business or as otherwise permitted by law; or (iv) the Advisor, except as permitted under the Advisory Agreement, to voluntarily withdraw as the Advisor Adviser unless such withdrawal would not affect the tax status of the Company and would not materially adversely affect the Shareholders. (c) Shareholders entitled to cast at least a majority of all Common Shares of the Company entitled to vote may, without the necessity for concurrence by the Advisor, vote to dissolve the Company.

Certain Voting Rights of Shareholders. (a) Subject to the provisions enumerated rights of any class or series of Common Shares then outstanding preferred shares and the mandatory provisions of any applicable laws or regulations and subject to the other provisions of this Declaration (including Section 14.2)of Trust, the following actions may be taken by the Shareholders, without concurrence by the Board of Trustees, upon a vote by the holders of more than fifty percent (50%) of the outstanding Common Shares of the Company entitled to vote on the matters: (i) modify this Declaration of Trust in accordance with Article VI hereof; (ii) remove the Advisor Adviser and appoint a new Advisor;Adviser pursuant to the procedures in Section 8.4; or (iii) sell all or substantially all of the Company’s ’ assets other than in the ordinary course of the Company’s business; or (iv) elect Trustees at an annual meeting. (b) Without the approval of Shareholders entitled to cast a majority of all the votes entitled to be cast on the matter, or such other approval as may be required under the mandatory provisions of any applicable laws or regulations, or other provisions of this DeclarationDeclaration of Trust, the Company shall not permitpermit the Sponsor to: (i) the Advisor or the Board of Trustees to modify this Declaration of Trust except for amendments which do not adversely affect the rights of Shareholders; (ii) the Advisor or the Board of Trustees to appoint a new Advisor Adviser (other than a sub-adviser pursuant to the terms of an Advisory Agreement and applicable law); (iii) the Advisor or the Board of Trustees to sell all or substantially all of the Company’s assets other than in the ordinary course of the Company’s business or as otherwise permitted by law; or (iv) the Advisor, except as permitted under the Advisory Agreement, to voluntarily withdraw as the Advisor Adviser unless such withdrawal would not affect the tax status of the Company and would not materially adversely affect the Shareholders. (c) Shareholders entitled to cast at least a majority of all Common Shares of the Company entitled to vote may, without the necessity for concurrence by the Advisor, vote to dissolve the Company.

Certain Voting Rights of Shareholders. (a) Subject to the provisions of any class or series of Common Shares shares then outstanding and the mandatory provisions of any applicable laws or regulations and subject to the other provisions of this Declaration of Trust (including Section 14.26.2), the following actions may be taken by the Shareholders, without concurrence by the Board of Trustees, upon a vote by the holders of more than fifty percent (50%) of the outstanding Common Shares of the Company entitled to vote on the matters: (i) modify this Declaration of Trust in accordance with Article VI hereof; (ii) remove the Advisor Adviser and appoint a new Advisor;Adviser pursuant to the procedures in Section 8.4; or (iii) sell all or substantially all of the Company’s ’ assets other than in the ordinary course of the Company’s business; or (iv) elect Trustees at an annual meeting. (b) Without the approval of Shareholders entitled to cast a majority of all the votes entitled to be cast on the matter, or such other approval as may be required under the mandatory provisions of any applicable laws or regulations, or other provisions of this DeclarationDeclaration of Trust, the Company shall not permitpermit the Adviser to: (i) the Advisor or the Board of Trustees to modify this Declaration of Trust except for amendments which do not adversely affect the rights of Shareholders; (ii) the Advisor or the Board of Trustees to appoint a new Advisor Adviser (other than a sub-adviser pursuant to the terms of an Advisory Agreement and applicable law); (iii) the Advisor or the Board of Trustees to sell all or substantially all of the Company’s assets other than in the ordinary course of the Company’s business or as otherwise permitted by law; or (iv) the Advisor, except as permitted under the Advisory Agreement, to voluntarily withdraw as the Advisor Adviser unless such withdrawal would not affect the tax status of the Company and would not materially adversely affect the Shareholders. (c) Shareholders entitled to cast at least a majority of all Common Shares of the Company entitled to vote may, without the necessity for concurrence by the AdvisorAdviser, vote to dissolve the Company.

Certain Voting Rights of Shareholders. (a) Subject to the provisions of any class or series of Common Shares then outstanding and the mandatory provisions of any applicable laws or regulations and subject to the other provisions of this Declaration (including Section 14.2)of Trust, the following actions may be taken by the Shareholders, without concurrence by the Board of Trustees, upon a vote by the holders of more than fifty percent (50%) of the outstanding Common Shares of the Company entitled to vote on the matters: (i) modify this Declaration of Trust in accordance with Article VI hereof; (ii) remove the Advisor Adviser and appoint a new Advisor;Adviser pursuant to the procedures in Section 8.4; or (iii) sell all or substantially all of the Company’s ’ assets other than in the ordinary course of the Company’s business; or (iv) elect Trustees at an annual meeting. (b) Without the approval of Shareholders entitled to cast a majority of all the votes entitled to be cast on the matter, or such other approval as may be required under the mandatory provisions of any applicable laws or regulations, regulations or other provisions of this DeclarationDeclaration of Trust, the Company shall Board of Trustees and the Adviser may not permit: (i) the Advisor or the Board of Trustees to modify this Declaration of Trust, except for amendments which do not adversely affect the rights of Shareholders; (ii) the Advisor or the Board of Trustees to appoint a new Advisor Adviser (other than a sub-adviser pursuant to the terms of an Advisory Agreement and applicable law); (iii) the Advisor or the Board of Trustees to sell all or substantially all of the Company’s assets other than in the ordinary course of the Company’s business business; (iv) cause the merger or as otherwise permitted by lawother reorganization of the Company; or (ivv) the Advisor, except as permitted under the Advisory Agreement, to voluntarily withdraw as the Advisor Adviser unless such withdrawal would not affect the tax status of the Company and would not materially adversely affect the Shareholders. (c) Shareholders entitled to cast at least a majority of all Common Shares of the Company entitled to vote may, without the necessity for concurrence by the Advisor, vote to dissolve the Company.

Certain Voting Rights of Shareholders. (a) Subject to the provisions of any class or series of Common Shares then outstanding and the mandatory provisions of any applicable laws or regulations and subject to the other provisions of this Declaration (including Section 14.2), the following actions may be taken by the Shareholders, without concurrence by the Board of Trustees, upon a vote by the holders of more than fifty percent (50%) of the outstanding Common Shares of the Company entitled to vote on the matters: (i) modify this Declaration in accordance with Article VI hereof; (ii) remove the Advisor and appoint a new Advisor; (iii) sell all or substantially all of the Company’s assets other than in the ordinary course of the Company’s business; or (iv) elect Trustees at an annual meeting. (b) Without the approval of Shareholders entitled to cast a majority of all the votes entitled to be cast on the matter, or such other approval as may be required under the mandatory provisions of any applicable laws or regulations, or other provisions of this Declaration, the Company shall not permit: (i) the Advisor or the Board of Trustees to modify this Declaration except for amendments which do not adversely affect the rights of Shareholders; (ii) the Advisor or the Board of Trustees to appoint a new Advisor (other than a sub-adviser pursuant to the terms of an Advisory Agreement and applicable law); (iii) the Advisor or the Board of Trustees to sell all or substantially all of the Company’s assets other than in the ordinary course of the Company’s business or as otherwise permitted by law; oror 29 (iv) the Advisor, except as permitted under the Advisory Agreement, to voluntarily withdraw as the Advisor unless such withdrawal would not affect the tax status of the Company and would not materially adversely affect the Shareholders. (c) Shareholders entitled to cast at least a majority of all Common Shares of the Company entitled to vote may, without the necessity for concurrence by the Advisor, vote to dissolve the Company.

Certain Voting Rights of Shareholders. (a) Subject to the provisions enumerated rights of any class or series of Common Preferred Shares then outstanding and the mandatory provisions of any applicable laws or regulations and subject to the other provisions of this Declaration (including Section 14.2)of Trust, the following actions may be taken by the Shareholders, without concurrence by the Board of Trustees, upon a vote by the holders of more than fifty percent (50%) of the outstanding Common Shares of the Company entitled to vote on the matters: (i) modify this Declaration of Trust in accordance with Article VI hereof; (ii) remove the Advisor Adviser and appoint a new Advisor;Adviser pursuant to the procedures in Section 8.4; or (iii) sell all or substantially all of the Company’s ’ assets other than in the ordinary course of the Company’s business; or (iv) elect Trustees at an annual meeting. (b) Without the approval of Shareholders entitled to cast a majority of all the votes entitled to be cast on the matter, or such other approval as may be required under the mandatory provisions of any applicable laws or regulations, regulations or other provisions of this DeclarationDeclaration of Trust, the Company shall not permitpermit the Adviser to: (i) the Advisor or the Board of Trustees to modify this Declaration of Trust, except for amendments which do not adversely affect the rights of Shareholders; (ii) the Advisor or the Board of Trustees to appoint a new Advisor Adviser (other than a sub-adviser pursuant to the terms of an Advisory Agreement and applicable law); (iii) the Advisor or the Board of Trustees to sell all or substantially all of the Company’s assets other than in the ordinary course of the Company’s business or as otherwise permitted by law; or (iv) the Advisor, except as permitted under the Advisory Agreement, to voluntarily withdraw as the Advisor Adviser unless such withdrawal would not affect the tax status of the Company and would not materially adversely affect the Shareholders. (c) Shareholders entitled to cast at least a majority of all Common Shares of the Company entitled to vote may, without the necessity for concurrence by the Advisor, vote to dissolve the Company.

Certain Voting Rights of Shareholders. (a) Subject to the provisions enumerated rights of any class or series of Common Preferred Shares then outstanding and the mandatory provisions of any applicable laws or regulations and subject to the other provisions of this Declaration (including Section 14.2)of Trust, the following actions may be taken by the Shareholders, without concurrence by the Board of Trustees, upon a vote by the holders of more than fifty percent (50%) of the outstanding Common Shares of the Company entitled to vote on the matters: (i) modify this Declaration of Trust in accordance with Article VI hereof; (ii) remove the Advisor Adviser and appoint a new Advisor;Adviser pursuant to the procedures in Section 8.4; or (iii) sell all or substantially all of the Company’s ’ assets other than in the ordinary course of the Company’s business; or (iv) elect Trustees at an annual meeting. (b) Without the approval of Shareholders entitled to cast a majority of all the votes entitled to be cast on the matter, or such other approval as may be required under the mandatory provisions of any applicable laws or regulations, regulations or other provisions of this DeclarationDeclaration of Trust, the Company shall not permitpermit the Adviser to: (i) the Advisor or the Board of Trustees to modify this Declaration of Trust, except for amendments which do not adversely affect the rights of Shareholders; (ii) the Advisor or the Board of Trustees to appoint a new Advisor Adviser (other than a sub-adviser pursuant to the terms of an Advisory Agreement and applicable law); (iii) the Advisor or the Board of Trustees to sell all or substantially all of the Company’s assets other than in the ordinary course of the Company’s business or as otherwise permitted by law; (iv) cause the merger or other reorganization of the Company; or (ivv) the Advisor, except as permitted under the Advisory Agreement, to voluntarily withdraw as the Advisor Adviser unless such withdrawal would not affect the tax status of the Company and would not materially adversely affect the Shareholders. (c) Shareholders entitled to cast at least a majority of all Common Shares of the Company entitled to vote may, without the necessity for concurrence by the Advisor, vote to dissolve the Company.

Certain Voting Rights of Shareholders. ​ (a) Subject to the provisions enumerated rights of any class or series of Common Preferred Shares then outstanding and the mandatory provisions of any applicable laws or regulations and subject to the other provisions of this Declaration (including Section 14.2)of Trust, the following actions may be taken by the Shareholders, without concurrence by the Board of Trustees, upon a vote by the holders of more than fifty percent (50%) of the outstanding Common Shares of the Company entitled to vote on the matters: (i) modify this Declaration of Trust in accordance with Article VI hereof; (ii) remove the Advisor Adviser and appoint a new Advisor;Adviser pursuant to the procedures in Section 8.4; or ​ (iii) sell all or substantially all of the Company’s ’ assets other than in the ordinary course of the Company’s business; or (iv) elect Trustees at an annual meeting. (b) Without the approval of Shareholders entitled to cast a majority of all the votes entitled to be cast on the matter, or such other approval as may be required under the mandatory provisions of any applicable laws or regulations, regulations or other provisions of this DeclarationDeclaration of Trust, the Company shall not permitpermit the Adviser to: (i) the Advisor or the Board of Trustees to modify this Declaration of Trust, except for amendments which do not adversely affect the rights of Shareholders;; ​ (ii) the Advisor or the Board of Trustees to appoint a new Advisor Adviser (other than a sub-adviser pursuant to the terms of an Advisory Agreement and applicable law);; ​ (iii) the Advisor or the Board of Trustees to sell all or substantially all of the Company’s assets other than in the ordinary course of the Company’s business or as otherwise permitted by law; or​ (iv) cause the Advisor, except as permitted under merger or other reorganization of the Advisory Agreement, to Company; or ​ (v) voluntarily withdraw as the Advisor Adviser unless such withdrawal would not affect the tax status of the Company and would not materially adversely affect the Shareholders. (c) Shareholders entitled to cast at least a majority of all Common Shares of the Company entitled to vote may, without the necessity for concurrence by the Advisor, vote to dissolve the Company.. ​