Common use of Transfer or Interchange of Units Clause in Contracts

Transfer or Interchange of Units. Units shall be held solely in uncertificated form evidenced by appropriate notation in the registration books of the Transfer Agent, and no Unitholder shall be entitled to the issuance of a certificate evidencing the Units owned by such Unitholder. The only permitted registered holders of Units shall be DTC (or its nominee, Cede & Co.); consequently, individuals must hold their Units through an entity which is a participant in DTC and Units may only be transferred in accordance with procedures of DTC and its participants. With respect to Units registered in the name of DTC (or its nominee, Cede & Co.), (a) the Trust, the Transfer Agent and the Depositor may treat DTC as the absolute owner of such Units for all purposes whatsoever, including, without limitation, the payment of distributions and the giving of reports and notices of redemption, tender and other matters with respect to such Units and (b) the Transfer Agent shall have no responsibility or obligation with respect to (i) the accuracy of the records of beneficial ownership of such Units maintained by DTC (or any participant in DTC), (ii) the delivery to any beneficial owner of such Units (other than DTC) of any report or any notice of redemption, tender or any other matter related to such Units, (iii) the payment or distribution to any beneficial owner of such Units (other than DTC) of any amount payable or other property distributable with respect to such Units, (iv) the failure of DTC (or any participant in the DTC) to effect any transfer of Units, or (v) any other act or omission of DTC (or any participant in DTC). A sum sufficient to pay any tax or other governmental charge that may be imposed on the Transfer Agent in connection with any such transfer or interchange of Units shall be paid by the related Unitholder to the Transfer Agent.

Transfer or Interchange of Units. Units shall be held solely in uncertificated form evidenced by appropriate notation in the registration books of the Transfer Agent, and no Unitholder shall be entitled to the issuance of a certificate evidencing the Units owned by such Unitholder. The only permitted registered holders of Units shall be DTC the Depository Trust Company (or its nominee, Cede & Co.); consequently, individuals must hold their Units through an entity which is a participant in DTC Depository Trust Company and Units may only be transferred in accordance with procedures of DTC Depository Trust Company and its participants. With respect to Units registered in the name of DTC the Depository Trust Company (or its nominee, Cede & Co.), (a) the Trust, the Transfer Agent and the Depositor may treat DTC the Depository Trust Company as the absolute owner of such Units for all purposes whatsoever, including, without limitation, the payment of distributions and the giving of reports and notices of redemption, tender and other matters with respect to such Units and (b) the Transfer Agent shall have no responsibility or obligation with respect to (i) the accuracy of the records of beneficial ownership of such Units maintained by DTC the Depository Trust Company (or any participant in DTCthe Depository Trust Company), (ii) the delivery to any beneficial owner of such Units (other than DTCthe Depository Trust Company) of any report or any notice of redemption, tender or any other matter related to such Units, (iii) the payment or distribution to any beneficial owner of such Units (other than DTCthe Depository Trust Company) of any amount payable or other property distributable with respect to such Units, (iv) the failure of DTC the Depository Trust Company (or any participant in the DTCDepository Trust Company) to effect any transfer of Units, or (v) any other act or omission of DTC the Depository Trust Company (or any participant in DTCthe Depository Trust Company). A sum sufficient to pay any tax or other governmental charge that may be imposed on the Transfer Agent in connection with any such transfer or interchange of Units shall be paid by the related Unitholder to the Transfer Agent.

Transfer or Interchange of Units. Units shall will be held solely in uncertificated form evidenced unless the Unitholder requests in writing to have a Unit Certificate or Unit Certificates represent such Units be issued. If a Unitholder wishes to transfer any Unit(s), the Units may be transferred by appropriate the registered holder thereof by a written presentation and surrender of such Units or the Unit Certificates, if issued, at the corporate trust office of the Trustee, properly endorsed or accompanied by a written instrument or instruments of transfer in form satisfactory to the Trustee and executed by the Unitholder or his authorized attorney, together with transfer instructions signed and dated by the Unitholder and the transferee, whereupon Units or, if requested, a new registered Unit Certificates for the same aggregate number of Units of the Trust executed by the Trustee and the Depositor-Sponsor will be issued in exchange and substitution therefor and delivered by the Trustee to the transferee. The Units surrendered shall be cancelled by the Trustee. Subject to the foregoing, the Trustee shall make proper notation in of such transfer on the registration books of the Transfer AgentTrust. Unitholders holding their Units in uncertificated form may at any time inform the Depositor-Sponsor that they wish to hold their Units in certificated form. The Depositor-Sponsor shall notify the Trustee of such request and the Trustee shall execute and issue Unit Certificates for such Units. Unitholders holding Unit Certificates may at any time request that their Units be converted into uncertificated form. The Trustee shall make appropriate notations on its books reflecting action taken pursuant to such requests by Unitholders, provided that the Trustee is entitled to specify the minimum denomination of any Certificate issued. Unit Certificates issued pursuant to this Indenture are interchangeable for one or more other Unit Certificates in an equal aggregate number of Units of the same Trust and no Unitholder all Unit Certificates issued shall be entitled to issued in denominations of one Unit or any whole multiple thereof as may be requested by the issuance of a certificate evidencing the Units owned by such Unitholder. The only permitted Trustee may deem and treat the registered holders of Units shall be DTC (or its nominee, Cede & Co.); consequently, individuals must hold their Units through an entity which is a participant in DTC and Units may only be transferred in accordance with procedures of DTC and its participants. With respect to Units registered in the name of DTC (or its nominee, Cede & Co.), (a) the Trust, the Transfer Agent and the Depositor may treat DTC Unitholder as the absolute owner of such the Units whether or not held in certificated form for all purposes whatsoeverhereunder and in either case the Trustee shall not be affected by any notice to the contrary, including, without limitation, the payment of distributions and the giving of reports and notices of redemption, tender and other matters with respect to such Units and (b) the Transfer Agent shall have no responsibility or obligation with respect to (i) the accuracy of the records of beneficial ownership of such Units maintained by DTC (or any participant in DTC), (ii) the delivery nor be liable to any beneficial owner of such Units (other than DTC) of person or in any report or way for so deeming and treating the person in whose name any notice of redemption, tender or any other matter related to such Units, (iii) the payment or distribution to any beneficial owner of such Units (other than DTC) of any amount payable or other property distributable with respect to such Units, (iv) the failure of DTC (or any participant in the DTC) to effect any transfer of Units, or (v) any other act or omission of DTC (or any participant in DTC)Unit Certificate shall be so registered. A sum sufficient to pay any tax or other governmental charge that may be imposed on the Transfer Agent in connection with any such transfer or interchange of Units shall be paid by the related Unitholder to the Transfer AgentTrustee. The Trustee may require a Unitholder to pay a reasonable fee for each new Unit Certificate issued on any such transfer or interchange. All Unit Certificates cancelled pursuant to this Indenture shall be disposed of by the Trustee without liability on its part.