Common use of Permitted Amendments Clause in Contracts

Permitted Amendments. Subject to Section 10.01, the Trustee and the Delaware Trustee may amend the Transaction Documents to which the Trust (or the Trustee as trustee of the Trust) is a party as follows: (a) The Delaware Trustee and the Trustee may, jointly, from time to time supplement or amend this Agreement, and the Trustee on behalf of the Trust may from time to time supplement or amend the other Transaction Documents to which the Trust (or the Trustee as trustee of the Trust) is a party, without the approval of Trust Unitholders (i) if such supplement or amendment does not have a material adverse effect on the Trust Unitholders, or (ii) in order to comply with changes in applicable law, or (iii) to effect the intent expressed in the Securities Act Registration Statement or prospectus included therein; provided, however, that the Trustee shall not supplement or amend the Conveyance if such supplement or amendment would change the character of the Net Profits Interest in such a way that the Net Profits Interest becomes a working interest or that the trust would fail to continue to qualify as a grantor trust for U.S. federal income tax purposes. The Trustee and the Delaware Trustee are entitled to, and may rely upon, a written opinion of counsel or certification of Boaz Energy as conclusive evidence that any amendment or supplement pursuant to this Section 10.02 is authorized and permitted under this Agreement and the other Transaction Documents and complies with the provisions of this Section 10.02. (b) All other permitted amendments to the provisions of this Agreement or any other Transaction Document to which the Trust (or the Trustee as trustee of the Trust) is a party may be made only by the affirmative vote of the Trust Unitholders of record holding at least 75% of the then outstanding Trust Units at a meeting held in accordance with the requirements of Article VIII. (c) No amendment that increases the obligations, duties or liabilities or affects the rights of the Delaware Trustee, the Trustee or any Entity serving in any such capacity shall be effective without the express written approval of such trustee or Entity.

Permitted Amendments. Subject to Section 10.01, the Trustee and the Delaware Trustee may amend the Transaction Documents to which the Trust (or the Trustee as trustee of the Trust) is a party as follows: (a) The Delaware Trustee and the Trustee may, jointly, from time to time supplement or amend this Agreementthe Transaction Documents to which the Trust is a party without the approval of Trust Unitholders in order to cure any ambiguity, and the Trustee on behalf to correct or supplement any provision contained herein or therein which may be defective or inconsistent with any other provisions herein or therein, to grant any benefit to all of the Trust may Unitholders, or to change the name of the Trust, provided that such supplement or amendment does not adversely affect the interests of the Trust Unitholders in any material respect, and provided further that any amendment to this Agreement made to change the name of the Trust in accordance with Section 12.05 or otherwise shall be conclusively deemed not to affect adversely the interests of the Trust Unitholders or result in a variance of the investment of the Trust or the Trust Unitholders. Additionally, the Trustee may, from time to time supplement or amend the other Transaction Documents to which the Trust (or the Trustee as trustee of the Trust) is a party, without the approval of Trust Unitholders (i) if such supplement or amendment does not have a material adverse effect on the Trust Unitholders, or (ii) in order to comply with changes in applicable law, or (iii) to effect the intent expressed in the Securities Act Registration Statement or prospectus included therein; provided, however, provided that the Trustee shall not supplement or amend the Conveyance if such supplement or amendment would change not increase the character costs or expenses of the Net Profits Interest Trust in such a way that any material respect or adversely affect the Net Profits Interest becomes a working interest or that economic interests of the trust would fail to continue to qualify as a grantor trust for U.S. federal income tax purposesTrust Unitholders in any material respect. The Trustee and the Delaware Trustee Trustee, subject to the provisions of Sections 6.01 and 6.07 are entitled to, and may rely upon, a written opinion of counsel or certification a certificate of Boaz Energy Trustor as conclusive evidence that any amendment or supplement pursuant to this Section 10.02 is authorized and permitted under this Agreement and the other Transaction Documents and immediately preceding sentences complies with the provisions of this Section 10.02. (b) . All other permitted amendments to the provisions of this Agreement or any other the Transaction Document to which the Trust (or the Trustee as trustee of the Trust) is a party Documents may be made only by the affirmative a vote of the Trust Unitholders of record holding at least 75% a majority of the then outstanding Trust Units at a meeting held in accordance with the requirements of Article VIII. (c) . No amendment that increases the obligations, duties or liabilities or affects the rights of the Delaware Trustee, the Trustee or any Entity serving in any such capacity shall be effective without the express written approval of such trustee or Entity.

Permitted Amendments. Subject After the Closing, subject to Section 10.01, the Trustee and the Delaware Trustee may amend the Transaction Documents to which the Trust (or the Trustee as trustee of the Trust) is a party as follows: (a) The Delaware Trustee and the Trustee may, jointly, from time to time supplement or amend this Agreementthe Transaction Documents to which the Trust is a party without the approval of Trust Unitholders in order to cure any ambiguity, and the Trustee on behalf to correct or supplement any provision contained herein or therein which may be defective or inconsistent with any other provisions herein or therein, to grant any benefit to all of the Trust may Unitholders, to add collateral to the Drilling Support Lien or the Royalty Interest Lien or to change the name of the Trust; provided, however, that such supplement or amendment does not adversely affect the interests of the Trust Unitholders; and provided, further, that any amendment to this Agreement made to change the name of the Trust in accordance with Section 12.04 hereof or otherwise shall be conclusively deemed not to affect adversely the interests of the Trust Unitholders or result in a variance of the investment of the Trust or the Trust Unitholders. (b) Notwithstanding Section 10.02(a), the Trustee may, from time to time supplement or amend the other Transaction Documents to which the Trust (or the Trustee as trustee of the Trust) is a party, Administrative Services Agreement without the approval of Trust Unitholders (i) if such supplement or amendment does not have a material adverse effect on the Trust Unitholders, or (ii) in order to comply with changes in applicable law, or (iii) to effect the intent expressed in the Securities Act Registration Statement or prospectus included therein; provided, however, that the Trustee shall not supplement or amend the Conveyance if such supplement or amendment would change not increase the character costs or expenses of the Net Profits Interest in such a way that Trust or adversely affect the Net Profits Interest becomes a working interest or that the trust would fail to continue to qualify as a grantor trust for U.S. federal income tax purposes. The Trustee and the Delaware Trustee are entitled to, and may rely upon, a written opinion economic interests of counsel or certification of Boaz Energy as conclusive evidence that any amendment or supplement pursuant to this Section 10.02 is authorized and permitted under this Agreement and the other Transaction Documents and complies with the provisions of this Section 10.02Trust Unitholders. (bc) All other permitted amendments to the provisions of this Agreement or any other the Transaction Document Documents to which the Trust (or the Trustee as trustee of the Trust) is a party may be made only by the affirmative a vote of the Trust Unitholders holders of record holding at least 75% of the then outstanding Trust Units a Unit Majority at a meeting held in accordance with the requirements of Article VIII. (cd) No amendment that increases the obligations, duties or liabilities or affects the rights of the Delaware Trustee, the Trustee or any Entity serving in any such capacity shall be effective without the express written approval of such trustee or Entity.

Permitted Amendments. Subject to Section 10.01, the Trustee and the Delaware Trustee may amend the Transaction Documents to which the Trust (or the Trustee as trustee of the Trust) is a party as follows: (a) The Delaware Trustee and the Trustee may, jointly, from time to time supplement or amend this Agreement, and the Trustee on behalf of the Trust may from time to time supplement or amend the other Transaction Documents to which the Trust (or the Trustee as trustee of the Trust) is a party, party without the approval of Trust Unitholders (i) if in order to cure any ambiguity, to correct or supplement any provision contained herein or therein which may be defective or inconsistent with any other provisions herein or therein, to grant any benefit to all of the Trust Unitholders, or to change the name of the Trust, provided that such supplement or amendment does not have a material adverse effect on adversely affect the interests of the Trust Unitholders, and provided further that any amendment to this Agreement made to change the name of the Trust in accordance with Section 12.05 or (ii) otherwise shall be conclusively deemed not to affect adversely the interests of the Trust Unitholders or result in order to comply with changes in applicable lawa variance of the investment of the Trust or the Trust Unitholders. Additionally, or (iii) to effect the intent expressed in the Securities Act Registration Statement or prospectus included therein; provided, however, that the Trustee shall not may, from time to time, supplement or amend the Conveyance if Transaction Documents without the approval of the Trust Unitholders provided that such supplement or amendment would change not increase the character costs or expenses of the Net Profits Interest in such a way that Trust or adversely affect the Net Profits Interest becomes a working economic interest or that of the trust would fail to continue to qualify as a grantor trust for U.S. federal income tax purposesTrust Unitholders. The Trustee and the Delaware Trustee Trustee, subject to the provisions of Sections 6.01 and 6.07 are entitled to, and may rely upon, a written opinion of counsel or certification of Boaz Energy as conclusive evidence that any amendment or supplement pursuant to this Section 10.02 is authorized and permitted under this Agreement and the other Transaction Documents and immediately preceding sentences complies with the provisions of this Section 10.02. (b) . All other permitted amendments to the provisions of this Agreement or any other the Transaction Document to which the Trust (or the Trustee as trustee of the Trust) is a party Documents may be made only by the affirmative a vote of the Trust Unitholders of record holding at least 75% a majority of the then outstanding Trust Units at a meeting held in accordance with the requirements of Article VIII. (c) . No amendment that increases the obligations, duties or liabilities or affects the rights of the Delaware Trustee, the Trustee or any Entity serving in any such capacity shall be effective without the express written approval of such trustee or Entity.

Permitted Amendments. Subject Prior to Section 10.01the Closing, amendments to the provisions of this Agreement may be made by mutual agreement of the Delaware Trustee, the Trustee and Trustors, jointly, and no party shall have liability to any Trust Unitholder for any amendment, including any amendment that increases or decreases any right, benefit or liability of any present or future Trust Unitholder. After the Delaware Trustee may amend Closing, the Transaction Documents to which the Trust (or the Trustee as trustee of the Trust) is a party as follows: (a) The Delaware Trustee and the Trustee may, jointly, from time to time supplement or amend this AgreementAgreement or the Conveyance without the approval of Trust Unitholders in order to cure any ambiguity, and the Trustee on behalf to correct or supplement any provision contained herein or therein which may be defective or inconsistent with any other provisions herein or therein, to grant any benefit to all of the Trust may Unitholders, or to change the name of the Trust, provided that such supplement or amendment does not adversely affect the interests of the Trust Unitholders, and provided further that any amendment to this Agreement made to change the name of the Trust in accordance with Section 12.05 or otherwise shall be conclusively deemed not to affect adversely the interests of the Trust Unitholders or result in a variance of the investment of the Trust or the Trust Unitholders. Additionally, the Trustee may, from time to time supplement or amend the other Transaction Documents to which the Trust (Registration Rights Agreement or the Trustee as trustee of the Trust) is a party, Administrative Services Agreement without the approval of Trust Unitholders (i) if such supplement or amendment does not have a material adverse effect on the Trust Unitholders, or (ii) in order to comply with changes in applicable law, or (iii) to effect the intent expressed in the Securities Act Registration Statement or prospectus included therein; provided, however, provided that the Trustee shall not supplement or amend the Conveyance if such supplement or amendment would change not increase the character costs or expenses of the Net Profits Interest in such a way that Trust or adversely affect the Net Profits Interest becomes a working interest or that economic interests of the trust would fail to continue to qualify as a grantor trust for U.S. federal income tax purposesTrust Unitholders. The Trustee and the Delaware Trustee Trustee, subject to the provisions of Sections 6.01 and 6.07 are entitled to, and may rely upon, a written opinion of counsel or certification of Boaz Energy as conclusive evidence that any amendment or supplement pursuant to this Section 10.02 is authorized and permitted under this Agreement and the other Transaction Documents and immediately preceding sentence complies with the provisions of this Section 10.02. (b) . All other permitted amendments to the provisions of this Agreement, the Conveyance, the Registration Rights Agreement or any other Transaction Document to which the Trust (or the Trustee as trustee of the Trust) is a party Administrative Services Agreement may be made only by the affirmative a vote of the Trust Unitholders of record holding at least 75% a majority of the then outstanding Trust Units at a meeting held in accordance with the requirements of Article VIII. (c) . No amendment that increases the obligations, duties or liabilities or affects the rights of the Delaware Trustee, the Trustee or any Entity serving in any such capacity shall be effective without the express written approval of such trustee or Entity.

Permitted Amendments. Subject to Section 10.01, the Trustee and the Delaware Trustee may amend the Transaction Documents to which the Trust (or the Trustee as trustee of the Trust) is a party as follows: (a) The Delaware Trustee and the Trustee may, jointly, from time to time supplement or amend this Agreement, and the Trustee on behalf of the Trust may from time to time supplement or amend the other Transaction Documents to which the Trust (or the Trustee as trustee of the Trust) is a party, without the approval of Trust Unitholders (i) if in order to cure any ambiguity, to correct or supplement any provision contained herein or therein which may be defective or inconsistent with any other provisions herein or therein, to grant any benefit to all of the Trust Unitholders, to comply with changes in applicable law or to change the name of the Trust; provided that such supplement or amendment does not have a material adverse effect on materially adversely affect the interests of the Trust Unitholders, or (ii) in order to comply with changes in applicable law, or (iii) to effect the intent expressed in the Securities Act Registration Statement or prospectus included therein; and provided, howeverfurther, that any amendment to this Agreement made to change the name of the Trust in accordance with Section 12.05 or otherwise shall be conclusively deemed not to materially affect adversely the interests of the Trust Unitholders or result in a material variance of the investment of the Trust or the Trust Unitholders. Additionally, the Trustee may, from time to time, supplement or amend the Transaction Documents without the approval of the Trust Unitholders; provided that such supplement or amendment would not materially increase the costs or expenses of the Trust or adversely affect the economic interest of the Trust Unitholders; and provided, further, that the Trustee shall not supplement modify or amend the Conveyance if such supplement modification or amendment would change the character of the Net Profits Interest in such a way that the Net Profits Interest becomes a working interest or that the trust would fail to continue to qualify as a grantor trust for U.S. federal income tax purposes. The Trustee and the Delaware Trustee are entitled to, and may rely upon, a written opinion of counsel or certification of Boaz Energy Enduro as conclusive evidence that any amendment or supplement pursuant to this Section 10.02 the immediately preceding sentences is authorized and permitted under this Agreement and the other Transaction Documents and complies with the provisions of this Section 10.02. (b) All other permitted amendments to the provisions of this Agreement or any other Transaction Document to which the Trust (or the Trustee as trustee of the Trust) is a party may be made only by the affirmative vote of the Trust Unitholders of record holding at least 75% of the then outstanding Trust Units at a meeting held in accordance with the requirements of Article VIII. (c) No amendment that increases the obligations, duties or liabilities or affects the rights of the Delaware Trustee, the Trustee or any Entity serving in any such capacity shall be effective without the express written approval of such trustee or Entity.

Permitted Amendments. Subject After the Closing, subject to Section 10.01, the Trustee and the Delaware Trustee may amend this Agreement and the Transaction Documents to which the Trust (or the Trustee as trustee of the Trust) is a party as follows: (a) The Delaware Trustee and the Trustee may, jointly, from time to time supplement or amend this Agreement, and the Trustee on behalf of the Trust may from time to time supplement or amend the other Transaction Documents and the Direct Hedge Security Instruments to which the Trust (or the Trustee as trustee of the Trust) is a party, party without the approval of Trust Unitholders (i) if in order to cure any ambiguity, to correct or supplement any provision contained herein or therein that may be defective or inconsistent with any other provisions herein or therein, to grant any benefit to all of the Trust Unitholders, to add collateral to the Drilling Mortgage, to evidence or implement any changes required by applicable law or to change the name of the Trust; provided, however, that such supplement or amendment does not have a material adverse effect on adversely affect the interests of the Trust Unitholders; and provided, further, that any amendment to this Agreement made to change the name of the Trust in accordance with Section 12.04 hereof or otherwise shall be conclusively deemed not to affect adversely the interests of the Trust Unitholders or result in a variance of the investment of the Trust or the Trust Unitholders. (iib) Notwithstanding Section 10.02(a), the Trustee may, from time to time reset, terminate, modify or otherwise amend the Direct Hedge Contracts, and take any other actions ancillary thereto, without the approval of the Trust Unitholders; provided that any such action is taken at the request of ▇▇▇▇▇▇▇▇▇ in order its role as hedge manager pursuant to comply with changes in applicable lawthe Administrative Services Agreement. (c) Notwithstanding Section 10.02(a), the Trustee may, from time to time supplement or (iii) to effect amend the intent expressed in Administrative Services Agreement and the Securities Act Registration Statement or prospectus included thereinCollateral Agency Agreement without the approval of the Trust Unitholders; provided, however, that the Trustee shall not supplement or amend the Conveyance if such supplement or amendment would change not materially increase the character costs or expenses of the Net Profits Interest in such a way that Trust or materially adversely affect the Net Profits Interest becomes a working interest or that the trust would fail to continue to qualify as a grantor trust for U.S. federal income tax purposes. The Trustee and the Delaware Trustee are entitled to, and may rely upon, a written opinion economic interests of counsel or certification of Boaz Energy as conclusive evidence that any amendment or supplement pursuant to this Section 10.02 is authorized and permitted under this Agreement and the other Transaction Documents and complies with the provisions of this Section 10.02Trust Unitholders. (bd) All other permitted amendments to the provisions of this Agreement or any and the other Transaction Document Documents to which the Trust (or the Trustee as trustee of the Trust) is a party may be made only by the affirmative vote of the Trust Unitholders holders of record holding at least 75% of the then outstanding Trust Units a Unit Majority at a meeting duly called and held in accordance with the requirements of Article VIII. (ce) No amendment that increases the obligations, duties or liabilities or affects the rights of the Delaware Trustee, Trustee or the Trustee or any Entity serving in any such capacity shall be effective without the express written approval of such trustee or Entity.

Permitted Amendments. Subject to Section S ection 10.01, the Trustee and the Delaware Trustee may amend the Transaction Documents to which the Trust (or the Trustee as trustee of the Trust) is a party as follows: (a) The Delaware Trustee and the Trustee may, jointly, from time to time supplement or amend this Agreement, and the Trustee on behalf of the Trust may from time to time supplement or amend the other Transaction Documents to which the Trust (or the Trustee as trustee of the Trust) is a party, without the approval of Trust Unitholders (i) if such supplement or amendment does not have a material adverse effect on the Trust Unitholders, or (ii) in order to comply with changes in applicable law, or (iii) to effect the intent expressed in the Securities Act Registration Statement or prospectus included therein; provided, however, that the Trustee shall not supplement or amend the Conveyance if such supplement or amendment would change the character of the Net Profits Interest in such a way that the Net Profits Interest becomes a working interest or that the trust would fail to continue to qualify as a grantor trust for U.S. federal income tax purposes. The Trustee and the Delaware Trustee are entitled to, and may rely upon, a written opinion of counsel or certification of Boaz Energy as conclusive evidence that any amendment or supplement pursuant to this Section 10.02 is authorized and permitted under this Agreement and the other Transaction Documents and complies with the provisions of this Section 10.02. (b) All other permitted amendments to the provisions of this Agreement or any other Transaction Document to which the Trust (or the Trustee as trustee of the Trust) is a party may be made only by the affirmative vote of the Trust Unitholders of record holding at least 75% of the then outstanding Trust Units at a meeting held in accordance with the requirements of Article A rticle VIII. (c) No amendment that increases the obligations, duties or liabilities or affects the rights of the Delaware Trustee, the Trustee or any Entity serving in any such capacity shall be effective without the express written approval of such trustee or Entity.

Permitted Amendments. Subject After the Closing, subject to Section 10.01, the Trustee and the Delaware Trustee may amend this Agreement and the other Transaction Documents to which the Trust (or the Trustee as trustee of the Trust) is a party as follows: (a) The Delaware Trustee and the Trustee may, jointly, from time to time supplement or amend this Agreement, and the Trustee on behalf of the Trust may from time to time supplement or amend the other Transaction Documents to which the Trust (or the Trustee as trustee of the Trust) is a party, party without the approval of Trust Unitholders (i) if in order to cure any ambiguity, to correct or supplement any provision contained herein or therein that may be defective or inconsistent with any other provisions herein or therein, to grant any benefit to all of the Trust Unitholders, to add collateral to the Drilling Mortgage, to evidence or implement any changes required by applicable law or to change the name of the Trust; provided, however, that such supplement or amendment does not have a material adverse effect on adversely affect the interests of the Trust Unitholders; and provided, further, that any amendment to this Agreement made to change the name of the Trust in accordance with Section 12.04 hereof or otherwise shall be conclusively deemed not to affect adversely the interests of the Trust Unitholders or result in a variance of the investment of the Trust or the Trust Unitholders. (iib) in order Notwithstanding Section 10.02(a), the Trustee may, from time to comply with changes in applicable law, time supplement or (iii) to effect amend the intent expressed in Administrative Services Agreement without the Securities Act Registration Statement or prospectus included thereinapproval of the Trust Unitholders; provided, however, that the Trustee shall not supplement or amend the Conveyance if such supplement or amendment would change not increase the character costs or expenses of the Net Profits Interest in such a way that Trust or adversely affect the Net Profits Interest becomes a working interest or that the trust would fail to continue to qualify as a grantor trust for U.S. federal income tax purposes. The Trustee and the Delaware Trustee are entitled to, and may rely upon, a written opinion economic interests of counsel or certification of Boaz Energy as conclusive evidence that any amendment or supplement pursuant to this Section 10.02 is authorized and permitted under this Agreement and the other Transaction Documents and complies with the provisions of this Section 10.02Trust Unitholders. (bc) All other permitted amendments to the provisions of this Agreement or any and the other Transaction Document Documents to which the Trust (or the Trustee as trustee of the Trust) is a party may be made only by the affirmative vote of the Trust Unitholders holders of record holding at least 75% of the then outstanding Trust Units a Unit Majority at a meeting duly called and held in accordance with the requirements of Article VIII. (cd) No amendment that increases the obligations, duties or liabilities or affects the rights of the Delaware Trustee, Trustee or the Trustee or any Entity serving in any such capacity shall be effective without the express written approval of such trustee or Entity.

Permitted Amendments. Subject Prior to Section 10.01the Closing, amendments to the provisions of this Agreement may be made by mutual agreement of the Delaware Trustee, the Trustee and Trustors, jointly, and no party shall have liability to any Trust Unitholder for any amendment, including any amendment that increases or decreases any right, benefit or liability of any present or future Trust Unitholder. After the Delaware Trustee may amend Closing, the Transaction Documents to which the Trust (or the Trustee as trustee of the Trust) is a party as follows: (a) The Delaware Trustee and the Trustee may, jointly, from time to time supplement or amend this AgreementAgreement or the Conveyance without the approval of Trust Unitholders in order to cure any ambiguity, and the Trustee on behalf to correct or supplement any provision contained herein or therein which may be defective or inconsistent with any other provisions herein or therein, to grant any benefit to all of the Trust may Unitholders, or to change the name of the Trust, provided that such supplement or amendment does not adversely affect the interests of the Trust Unitholders, and provided further that any amendment to this Agreement made to change the name of the Trust in accordance with Section 12.05 or otherwise shall be conclusively deemed not to affect adversely the interests of the Trust Unitholders or result in a variance of the investment of the Trust or the Trust Unitholders. Additionally, the Trustee may, from time to time supplement or amend the other Transaction Documents to which the Trust (Registration Rights Agreement or the Trustee as trustee of the Trust) is a party, Administrative Services Agreement without the approval of Trust Unitholders (i) if such supplement or amendment does not have a material adverse effect on the Trust Unitholders, or (ii) in order to comply with changes in applicable law, or (iii) to effect the intent expressed in the Securities Act Registration Statement or prospectus included therein; provided, however, provided that the Trustee shall not supplement or amend the Conveyance if such supplement or amendment would change not increase the character costs or expenses of the Net Profits Interest in such a way that Trust or adversely affect the Net Profits Interest becomes a working interest or that economic interests of the trust would fail to continue to qualify as a grantor trust for U.S. federal income tax purposesTrust Unitholders. The Trustee and the Delaware Trustee Trustee, subject to the provisions of Sections 6.01 and 6.07 are entitled to, and may rely upon, a written opinion of counsel or certification of Boaz Energy as conclusive evidence that any amendment or supplement pursuant to this Section 10.02 is authorized and permitted under this Agreement and the other Transaction Documents and immediately preceding sentence complies with the provisions of this Section 10.02. (b) . All other permitted amendments to the provisions of this Agreement or any other Transaction Document to which the Trust (Conveyance, the Registration Rights Agreement or the Trustee as trustee of the Trust) is a party Administrative Services Agreement may be made only by the affirmative a vote of the Trust Unitholders of record holding at least 75% a majority of the then outstanding Trust Units at a meeting held in accordance with the requirements of Article VIII. (c) . No amendment that increases the obligations, duties or liabilities or affects the rights of the Delaware Trustee, the Trustee or any Entity serving in any such capacity shall be effective without the express written approval of such trustee or Entity.

Permitted Amendments. Subject After the Closing, subject to Section 10.01, the Trustee and the Delaware Trustee may amend this Agreement and the Transaction Documents to which the Trust (or the Trustee as trustee of the Trust) is a party as follows: (a) The Delaware Trustee and the Trustee may, jointly, from time to time supplement or amend this Agreement, and the Trustee on behalf of the Trust may from time to time supplement or amend the other Transaction Documents to which the Trust (or the Trustee as trustee of the Trust) is a party, party without the approval of Trust Unitholders (i) if in order to cure any ambiguity, to correct or supplement any provision contained herein or therein that may be defective or inconsistent with any other provisions herein or therein, to grant any benefit to all of the Trust Unitholders, to add collateral to the Drilling Mortgage, to evidence or implement any changes required by applicable law or to change the name of the Trust; provided, however, that such supplement or amendment does not have a material adverse effect on adversely affect the interests of the Trust Unitholders; and provided, further, that any amendment to this Agreement made to change the name of the Trust in accordance with Section 12.04 hereof or otherwise shall be conclusively deemed not to affect adversely the interests of the Trust Unitholders or result in a variance of the investment of the Trust or the Trust Unitholders. (iib) in order Notwithstanding Section 10.02(a), the Trustee may, from time to comply with changes in applicable law, time supplement or (iii) to effect amend the intent expressed in Administrative Services Agreement without the Securities Act Registration Statement or prospectus included thereinapproval of the Trust Unitholders; provided, however, that the Trustee shall not supplement or amend the Conveyance if such supplement or amendment would change not increase the character costs or expenses of the Net Profits Interest in such a way that Trust or adversely affect the Net Profits Interest becomes a working interest or that the trust would fail to continue to qualify as a grantor trust for U.S. federal income tax purposes. The Trustee and the Delaware Trustee are entitled to, and may rely upon, a written opinion economic interests of counsel or certification of Boaz Energy as conclusive evidence that any amendment or supplement pursuant to this Section 10.02 is authorized and permitted under this Agreement and the other Transaction Documents and complies with the provisions of this Section 10.02Trust Unitholders. (bc) All other permitted amendments to the provisions of this Agreement or any and the other Transaction Document Documents to which the Trust (or the Trustee as trustee of the Trust) is a party may be made only by the affirmative vote of the Trust Unitholders holders of record holding at least 75% of the then outstanding Trust Units a Unit Majority at a meeting duly called and held in accordance with the requirements of Article VIII. (cd) No amendment that increases the obligations, duties or liabilities or affects the rights of the Delaware Trustee, Trustee or the Trustee or any Entity serving in any such capacity shall be effective without the express written approval of such trustee or Entity.