Common use of Limitations on Trustees' Powers Clause in Contracts

Limitations on Trustees' Powers. The Trustees are not permitted: (a) to purchase or hold any securities or instruments other than the stripped Treasury Securities, the Contracts and the Shares or other property received pursuant to a Contract and/or a Collateral Agreement; (b) to invest less than 70% of the Trust’s total assets in the Contracts (as measured at the pricing date of the Trust Securities offered by the Offering Circular); (c) to dispose of a Contract prior to the termination of the Trust or dispose of the stripped Treasury Securities before the earliest of their respective maturities (except as provided under Section 2.4(d) and Section 4.1) and the termination of the Trust; (d) to issue any securities or instruments except for the Trust Securities and securities issued to the Settlor, or to issue any Trust Securities other than the Trust Securities sold to the Settlor and the Trust Securities to be sold pursuant to the Purchase Agreement; (e) to make short sales or purchases on margin; (f) to write put or call options; (g) to borrow money; (h) to underwrite securities; (i) to purchase or sell real estate, commodities or commodities contracts; (j) to make loans (other than the purchase of the stripped Treasury Securities pursuant to Section 2.3); (k) to vary the investments held by the Trust; or (l) to take any action, or direct or permit the Administrator, the Paying Agent or the Custodian to take any action, that (i) would vary the investment of the Holders within the meaning of Treasury Regulation Section 301.7701-4(c) or (ii) otherwise take any action or direct or permit any action to be taken that would or could cause the Trust not to be a domestic “grantor trust” under the Code.

Limitations on Trustees' Powers. The Trustees are not permitted: (a) to purchase or hold any securities or instruments other than except for the stripped Shares, the Contracts, the Treasury Securities, any additional U.S. Treasury securities delivered to the Contracts and Trust in connection with an extension of the Shares or other property received pursuant to Exchange Date, the Temporary Investments contemplated by Section 3.5 hereof and, in the event of a Contract and/or a Collateral AgreementReorganization Event, Marketable Securities; (b) to invest less than 70% dispose of the Trust’s total assets in Contracts prior to the Contracts (as measured at the pricing date of the Trust Securities offered by the Offering Circular)Exchange Date; (c) to dispose of a Contract prior to the termination of the Trust or dispose of the stripped Treasury Securities before the earliest of their respective maturities (except as provided under Section 2.4(d) and Section 4.1) and the termination of the Trust; (d) to issue any securities or instruments except for the Trust Securities and securities issued to the SettlorSecurities, or to issue any Trust Securities other than the Trust Securities sold to the Settlor Sponsor and the Trust Securities to be sold pursuant to the Purchase AgreementUnderwriting Agreement and until such Securities have been so purchased and paid for in full; (ed) to make short sales or purchases on margin; (fe) to write put or call options; (gf) to borrow money; (hg) to underwrite securities; (ih) to purchase or sell real estate, commodities or commodities contracts; (i) to purchase restricted securities; (j) to make loans (other than the purchase of the stripped Treasury Securities pursuant to Section 2.3); (k) to vary the investments held by the Trustloans; or (lk) to take any action, or direct or permit the Administrator, the Paying Agent or the Custodian to take any action, that (i) would vary the investment of the Holders within the meaning of Treasury Regulation Section 301.7701-4(c) ), or (ii) otherwise take any action or direct or permit any action to be taken that would or could cause the Trust not to be a domestic “"grantor trust” " under the Code.

Limitations on Trustees' Powers. The Trustees are not permitted: (a) to purchase or hold any securities or instruments other than except for the stripped Shares, the Contracts, the Treasury Securities, the Contracts and Temporary Investments contemplated by Section 3.5 and, in the Shares event of a Reorganization Event or a Spin-Off Distribution, Marketable Securities or any other property received pursuant to a Contract and/or a Collateral Agreementin such event; (b) to invest less than 70% dispose of the Trust’s total assets in Contracts prior to the Contracts (as measured at the pricing date of the Trust Securities offered by the Offering Circular)Exchange Date; (c) to dispose of a Contract prior to the termination of the Trust or dispose of the stripped Treasury Securities before the earliest of their respective maturities (except as provided under Section 2.4(d) and Section 4.1) and the termination of the Trust; (d) to issue any securities or instruments except for the Trust Securities and securities issued to the SettlorSecurities, or to issue any Trust Securities other than the Trust Securities sold to the Settlor Sponsor and the Trust Securities to be sold pursuant to the Purchase AgreementAgreement and until such Securities have been so purchased and paid for in full; (ed) to make short sales or purchases on margin; (fe) to write put or call options; (gf) to borrow money; (hg) to underwrite securities; (ih) to purchase or sell real estate, commodities or commodities contracts; (i) to purchase restricted securities; (j) to make loans (other than the purchase of the stripped Treasury Securities pursuant to Section 2.3); (k) to vary the investments held by the Trust; or (l) to take any action, or direct or permit the Administrator, the Paying Agent or the Custodian to take any action, that (i) would vary the investment of the Holders within the meaning of Treasury Regulation Section 301.7701-4(c) ), or (ii) otherwise take any action or direct or permit any action to be taken that would or could cause the Trust not to be a domestic “grantor trust” under the Code.

Limitations on Trustees' Powers. The Trustees are not permitted: (a) to purchase or hold any securities or instruments other than except for the stripped Shares, the Contract, the Treasury Securities, the Contracts and Temporary Investments contemplated by Section 3.5 and, in the Shares event of a Reorganization Event or a Spin-Off Distribution, Marketable Securities or any other property received pursuant to a Contract and/or a Collateral Agreementin such event; (b) to invest less than 70% dispose of the Trust’s total assets in Contract prior to the Contracts (as measured at the pricing date of the Trust Securities offered by the Offering Circular)Exchange Date; (c) to dispose of a Contract prior to the termination of the Trust or dispose of the stripped Treasury Securities before the earliest of their respective maturities (except as provided under Section 2.4(d) and Section 4.1) and the termination of the Trust; (d) to issue any securities or instruments except for the Trust Securities and securities issued to the SettlorSecurities, or to issue any Trust Securities other than the Trust Securities sold to the Settlor Sponsor and the Trust Securities to be sold pursuant to the Purchase AgreementAgreement and until such Securities have been so purchased and paid for in full; (ed) to make short sales or purchases on margin; (fe) to write put or call options; (gf) to borrow money; (hg) to underwrite securities; (ih) to purchase or sell real estate, commodities or commodities contracts; (i) to purchase restricted securities; (j) to make loans (other than the purchase of the stripped Treasury Securities pursuant to Section 2.3); (k) to vary the investments held by the Trust; or (l) to take any action, or direct or permit the Administrator, the Paying Agent or the Custodian to take any action, that (i) would vary the investment of the Holders within the meaning of Treasury Regulation Section 301.7701-4(c) ), or (ii) otherwise take any action or direct or permit any action to be taken that would or could cause the Trust not to be a domestic “grantor trust” under the Code.

Limitations on Trustees' Powers. The Trustees are not permitted: (a) to purchase or hold any securities or instruments other than except for the stripped Shares, the Contract, the Treasury Securities, any additional U.S. Treasury securities delivered to the Contracts and Trust in connection with an extension of the Shares or other property received pursuant to Exchange Date, the Temporary Investments contemplated by Section 3.5 hereof and, in the event of a Contract and/or a Collateral AgreementReorganization Event, Marketable Securities; (b) to invest less than 70% dispose of the Trust’s total assets in Contract prior to the Contracts (as measured at the pricing date of the Trust Securities offered by the Offering Circular)Exchange Date; (c) to dispose of a Contract prior to the termination of the Trust or dispose of the stripped Treasury Securities before the earliest of their respective maturities (except as provided under Section 2.4(d) and Section 4.1) and the termination of the Trust; (d) to issue any securities or instruments except for the Trust Securities and securities issued to the SettlorSecurities, or to issue any Trust Securities other than the Trust Securities sold to the Settlor Sponsor and the Trust Securities to be sold pursuant to the Purchase AgreementUnderwriting Agreement and until such Securities have been so purchased and paid for in full; (ed) to make short sales or purchases on margin; (fe) to write put or call options; (gf) to borrow money; (hg) to underwrite securities; (ih) to purchase or sell real estate, commodities or commodities contracts; (i) to purchase restricted securities; (j) to make loans (other than the purchase of the stripped Treasury Securities pursuant to Section 2.3); (k) to vary the investments held by the Trustloans; or (lk) to take any action, or direct or permit the Administrator, the Paying Agent or the Custodian to take any action, that (i) would vary the investment of the Holders within the meaning of Treasury Regulation Section 301.7701-4(c) ), or (ii) otherwise take any action or direct or permit any action to be taken that would or could cause the Trust not to be a domestic “"grantor trust” " under the Code.

Limitations on Trustees' Powers. The Trustees are not permitted: (a) to purchase or hold any securities or instruments other than except for the stripped Shares, the Contract, the Treasury Securities, any additional U.S. Government Securities delivered to the Contracts and Trust in connection with an extension of the Shares Exchange Date under the Contract, the Temporary Investments contemplated by Section 3.5 hereof and, in the event of a Reorganization Event or a Spin-Off Distribution, Marketable Securities or any other property received pursuant to a Contract and/or a Collateral Agreementin such event; (b) to invest less than 70% dispose of the Trust’s total assets in Contract prior to the Contracts (as measured at the pricing date of the Trust Securities offered by the Offering Circular)Exchange Date; (c) to dispose of a Contract prior to the termination of the Trust or dispose of the stripped Treasury Securities before the earliest of their respective maturities (except as provided under Section 2.4(d) and Section 4.1) and the termination of the Trust; (d) to issue any securities or instruments except for the Trust Securities and securities issued to the SettlorSecurities, or to issue any Trust Securities other than the Trust Securities sold to the Settlor Sponsor and the Trust Securities to be sold pursuant to the Purchase AgreementUnderwriting Agreement and until such Securities have been so purchased and paid for in full; (ed) to make short sales or purchases on margin; (fe) to write put or call options; (gf) to borrow money; (hg) to underwrite securities; (ih) to purchase or sell real estate, commodities or commodities contracts; (i) to purchase restricted securities; (j) to make loans (other than the purchase of the stripped Treasury Securities pursuant to Section 2.32.3 hereof); (k) to vary the investments held by the Trust; or (lk) to take any action, or direct or permit the Administrator, the Paying Agent or the Custodian to take any action, that (i) would vary the investment of the Holders within the meaning of Treasury Regulation Section 301.7701-4(c) ), or (ii) otherwise take any action or direct or permit any action to be taken that would or could cause the Trust not to be a domestic “"grantor trust” " under the Code.

Limitations on Trustees' Powers. The Trustees Trustees, acting on behalf of the Trust, are not permitted: (a) to purchase or hold any securities or instruments other than except for the stripped U.S. Treasury Securities, the Contracts and Contract, the Shares or other property Escrow Agreement, any Reference Security received pursuant to a Contract and/or a Collateral Agreementthe Contract, and the Temporary Investments contemplated by Section 3.4 hereof; (b) to invest less than 70% dispose of the Trust’s total assets in Contract or the Contracts (as measured at Escrow Agreement prior to the pricing date of the Trust Securities offered by the Offering Circular)Exchange Date; (c) to dispose of a Contract prior to the termination of the Trust or dispose of the stripped Treasury Securities before the earliest of their respective maturities (except as provided under Section 2.4(d) and Section 4.1) and the termination of the Trust; (d) to issue any securities or instruments except for the Trust Securities and securities issued to the SettlorSTRYPES, or to issue any Trust Securities STRYPES other than the Trust Securities STRYPES sold to the Settlor Sponsor and the Trust Securities STRYPES to be sold pursuant to the Purchase AgreementAgreement and until such STRYPES have been so purchased and paid for in full; (ed) to make short sales or purchases on margin; (fe) to write put or call options; (gf) to borrow money; (hg) to underwrite securities; (ih) to purchase or sell real estate, commodities or commodities contracts; (i) to purchase restricted securities; (j) to make loans (other than the purchase of the stripped Treasury Securities pursuant to Section 2.3); (k) to vary the investments held by the Trustloans; or (lk) to take any action, or direct or permit the Administrator, the Paying Agent or the Custodian to take any action, that (i) would vary the investment of the Holders within the meaning of Treasury Regulation Section 301.7701-4(c) ), or (ii) otherwise take any action or direct or permit any action to be taken that would or could cause the Trust not to be a domestic “"grantor trust” " under the Code.

Limitations on Trustees' Powers. The Trustees Trustees, acting on behalf of the Trust, are not permitted: (a) to purchase or hold any securities or instruments other than except for the stripped U.S. Treasury Securities, the Contracts and the Shares or other property received Contract, shares of Dollar General Common Stock acquired pursuant to the Contract, the Temporary Investments contemplated by Section 3.04 hereof, and, in the event of a Contract and/or a Collateral AgreementReorganization Event, Marketable Securities; (b) to invest less than 70% dispose of the Trust’s total assets in Contract prior to the Contracts (as measured at the pricing date of the Trust Securities offered by the Offering Circular)Exchange Date; (c) to dispose of a Contract prior to the termination of the Trust or dispose of the stripped Treasury Securities before the earliest of their respective maturities (except as provided under Section 2.4(d) and Section 4.1) and the termination of the Trust; (d) to issue any securities or instruments except for the Trust Securities and securities issued to the SettlorSTRYPES, or to issue any Trust Securities STRYPES other than the Trust Securities STRYPES sold to the Settlor Sponsor and the Trust Securities STRYPES to be sold pursuant to the Purchase AgreementAgreement and until such STRYPES have been so purchased and paid for in full; (ed) to make short sales or purchases on margin; (fe) to write put or call options; (gf) to borrow money; (hg) to underwrite securities; (ih) to purchase or sell real estate, commodities or commodities contracts; (i) to purchase restricted securities; (j) to make loans (other than the purchase of the stripped Treasury Securities pursuant to Section 2.3); (k) to vary the investments held by the Trustloans; or (lk) to take any action, or direct or permit the Administrator, the Paying Agent or the Custodian to take any action, that (i) would vary the investment of the Holders within the meaning of Treasury Regulation Section 301.7701-4(c) ), or (ii) otherwise take any action or direct or permit any action to be taken that would or could cause the Trust not to be a domestic “"grantor trust” " under the Code.

Limitations on Trustees' Powers. The Trustees are not permitted: (a) to purchase or hold any securities or instruments other than the stripped Treasury Securities, the Contracts Contract and the Shares ADSs or other property received pursuant to a the Contract and/or a Collateral Agreement; (b) to invest less than 70% of the Trust’s total assets in the Contracts Contract (as measured at the pricing date of the Trust Securities offered by the Offering Circular); (c) to dispose of a the Contract prior to the termination of the Trust or dispose of the stripped Treasury Securities before the earliest of their respective maturities maturities, (except as provided under Section 2.4(d) and Section 4.1)) and the termination of the Trust; (d) to issue any securities or instruments except for the Trust Securities and securities issued to the Settlor, or to issue any Trust Securities other than the Trust Securities sold to the Settlor and the Trust Securities to be sold pursuant to the Purchase Agreement; (e) to make short sales or purchases on margin; (f) to write put or call options; (g) to borrow money; (h) to underwrite securities; (i) to purchase or sell real estate, commodities or commodities contracts; (j) to make loans (other than the purchase of the stripped Treasury Securities pursuant to Section 2.3); (k) to vary the investments held by the Trust; or (l) to take any action, or direct or permit the Administrator, the Paying Agent or the Custodian to take any action, that (i) would vary the investment of the Holders within the meaning of Treasury Regulation Section 301.7701-4(c) ), or (ii) otherwise take any action or direct or permit any action to be taken that would or could cause the Trust not to be a domestic “grantor trust” under the Code.

Limitations on Trustees' Powers. The Trustees Trustees, acting on ------------------------------- behalf of the Trust, are not permitted: (a) to purchase or hold any securities or instruments other than except for the stripped U.S. Treasury Securities, the Contracts and the Shares or other property received Contract, shares of ▇▇▇▇▇▇ Common Stock acquired pursuant to the Contract, the Temporary Investments contemplated by Section 3.4 hereof, and, in the event of a Contract and/or a Collateral AgreementReorganization Event, Marketable Securities; (b) to invest less than 70% dispose of the Trust’s total assets in Contract prior to the Contracts (as measured at the pricing date of the Trust Securities offered by the Offering Circular)Exchange Date; (c) to dispose of a Contract prior to the termination of the Trust or dispose of the stripped Treasury Securities before the earliest of their respective maturities (except as provided under Section 2.4(d) and Section 4.1) and the termination of the Trust; (d) to issue any securities or instruments except for the Trust Securities and securities issued to the SettlorSTRYPES, or to issue any Trust Securities STRYPES other than the Trust Securities STRYPES sold to the Settlor Sponsor and the Trust Securities STRYPES to be sold pursuant to the Purchase AgreementAgreement and until such STRYPES have been so purchased and paid for in full; (ed) to make short sales or purchases on margin; (fe) to write put or call options; (gf) to borrow money; (hg) to underwrite securities; (ih) to purchase or sell real estate, commodities or commodities contracts; (i) to purchase restricted securities; (j) to make loans (other than the purchase of the stripped Treasury Securities pursuant to Section 2.3); (k) to vary the investments held by the Trustloans; or (lk) to take any action, or direct or permit the Administrator, the Paying Agent or the Custodian to take any action, that (i) would vary the investment of the Holders within the meaning of Treasury Regulation Section 301.7701-4(c) ), or (ii) otherwise take any action or direct or permit any action to be taken that would or could cause the Trust not to be a domestic “"grantor trust” " under the Code.