Common use of Amendments to Declaration and Indenture Clause in Contracts

Amendments to Declaration and Indenture. (a) If any proposed amendment to the Declaration provides for, or the Regular Trustees otherwise propose to effect (i) any action that would adversely affect the powers, preferences or special rights of the Trust Securities, whether by way of amendment to the Declaration or otherwise, or (ii) the involuntary or voluntary liquidation, dissolution, winding-up or termination of the Trust, other than as described in Section 8.1 of the Declaration, then the Holders of outstanding Trust Securities as a class, will be entitled to vote on such amendment or proposal (but not on any other amendment or proposal) and such amendment or proposal shall not be effective except with the approval of the Holders of at least 66-2/3% in liquidation amount of the Trust Securities, voting together as a single class; provided that a reduction of the aggregate liquidation amount or the Distribution rate, a change in the payment dates or maturities of the Preferred Securities or a reduction in the percentage in liquidation amount of outstanding Preferred Securities, the consent of the Holders of which is required for an amendment to the Declaration shall not be permitted without the consent of each Holder of the Preferred Securities. In the event any amendment or proposal referred to in clause (i) above would adversely affect only the Preferred Securities or only the Common Securities, then only the affected class will be entitled to vote on such amendment or proposal and such amendment or proposal shall not be effective except with the approval of 66-2/3% in liquidation amount of such class of Trust Securities.

Amendments to Declaration and Indenture. (a) If In addition to any requirements under Section 12.01 of the Declaration, if any proposed amendment to the Declaration provides for, or the Regular Administrative Trustees otherwise propose to effect effect, (i) any action that would adversely affect the powers, preferences or special rights of the Trust Securities, whether by way of amendment to the Declaration or otherwise, or (ii) the involuntary or voluntary liquidation, dissolution, winding-up or termination of the Trust, other than as described in Section 8.1 8.01 of the Declaration, then the Holders of outstanding Trust Securities as a class, will be entitled to vote on such amendment or proposal (but not on any other amendment or proposal) and such amendment or proposal shall not be effective except with the approval of the Holders of at least 66-2/3% a Majority in liquidation amount of the Trust Securities, voting together as a single class; provided that a reduction , PROVIDED, HOWEVER, that, the rights of Holders of Preferred Securities under Article V of the aggregate liquidation amount Declaration to appoint, remove or the Distribution rate, 91 replace a change in the payment dates or maturities of the Preferred Securities or a reduction in the percentage in liquidation amount of outstanding Preferred Securities, the consent of the Holders of which is required for an amendment to the Declaration Special Trustee shall not be permitted amended without the consent of each Holder of the Preferred Securities. In the event ; and PROVIDED FURTHER that if any amendment or proposal referred to in clause (i) above would adversely affect only the Preferred Securities or only the Common Securities, then only the affected class will be entitled to vote on such amendment or proposal and such amendment or proposal shall not be effective except with the approval of 66-2/3% at least a Majority in liquidation amount of such class of Trust Securities.

Amendments to Declaration and Indenture. (a) If In addition to any requirements under Section 12.1 of the Declaration, if any proposed amendment to the Declaration provides for, or the Regular Trustees otherwise propose to effect effect, (i) any action that would adversely affect the powers, preferences or special rights of the Trust Securities, whether by way of amendment to the Declaration or otherwise, or (ii) the involuntary or voluntary liquidation, dissolution, winding-up or termination of the Trust, other than as described in Section 8.1 of the Declaration, then the Holders of outstanding Trust Securities voting together as a single class, will be entitled to vote on such amendment or proposal (but not on any other amendment or proposal) and such amendment or proposal shall not be effective except with the approval of the Holders of at least 66-2/3% a Majority in liquidation amount of the Trust SecuritiesSecurities affected thereby; provided, voting together as a single class; provided however, that a reduction of the aggregate liquidation principal amount or the Distribution rateCoupon Rate, or a change in the payment dates or maturities maturity of the Convertible Preferred Securities or a reduction in the percentage in liquidation amount of outstanding Preferred Securities, the consent of the Holders of which is required for an amendment to the Declaration shall not be permitted without the consent of each Holder of the Convertible Preferred Securities. In the event Securities affected thereby; and provided further that, if any amendment or proposal referred to in clause (i) above would adversely affect only the Convertible Preferred Securities or only the Common Securities, then only the affected class will be entitled to vote on such amendment or proposal and such amendment or proposal shall not be effective except with the approval of 66-2/3% a Majority in liquidation amount of such class of Trust Securities.

Amendments to Declaration and Indenture. (a) If In addition to any requirements under Section 12.1 of the Declaration, if any proposed amendment to the Declaration provides for, or the Regular Trustees otherwise propose to effect effect, (i) any action that would adversely affect the powers, preferences or special rights of the Trust Securities, whether by way of amendment to the Declaration or otherwise, or (ii) the involuntary or voluntary liquidation, dissolution, winding-up or termination of the Trust, other than as described in Section 8.1 of the Declaration, then the Holders of outstanding Trust Securities voting together as a single class, will be entitled to vote on such amendment or proposal (but not on any other amendment or proposal) and such amendment or proposal shall not be effective except with the approval of the Holders of at least 66-2/3% a Majority in liquidation amount of the Trust SecuritiesSecurities affected thereby; provided, voting together as a single class; provided that a reduction of the aggregate liquidation amount or the Distribution ratehowever, a change in the payment dates or maturities of the Preferred Securities or a reduction in the percentage in liquidation amount of outstanding Preferred Securities, the consent of the Holders of which is required for an amendment to the Declaration shall not be permitted without the consent of each Holder of the Preferred Securities. In the event if any amendment or proposal referred to in clause (i) above would adversely affect only the Trust Preferred Securities or only the Common Securities, then only the affected class will be entitled to vote on such amendment or proposal and such amendment or proposal shall not be effective except with the approval of 66-2/3% a Majority in liquidation amount of such class of Trust Securities.

Amendments to Declaration and Indenture. (a) If In addition to any requirements under Section 12.1 of the Declaration, if any proposed amendment to the Declaration provides for, or the Regular Trustees otherwise propose to effect effect, (i) any action that would adversely affect the powers, preferences or special rights of the Trust Securities, whether by way of amendment to the Declaration or otherwise, or (ii) the involuntary or voluntary liquidation, dissolution, winding-up or termination of the Trust, other than as described in Section 8.1 of the Declaration, then the Holders of outstanding Trust Securities as a class, will be entitled to vote on such amendment or proposal (but not on any other amendment or proposal) and such amendment or proposal shall not be effective except (a) with the approval of the Holders of at least 66-2/3% in liquidation amount of the Trust Securities, voting together as a single class; provided class and (b) upon receipt by the Regular Trustees of an opinion of a nationally recognized independent counsel experienced in such matters to the effect that a reduction of the aggregate liquidation amount such amendment or the Distribution rate, a change in the payment dates or maturities exercise of the Preferred Securities or a reduction in the percentage in liquidation amount of outstanding Preferred Securities, the consent of the Holders of which is required for an amendment any power granted to the Declaration shall Regular Trustees in accordance with such amendment will not be permitted without affect the consent Trust's status as a grantor trust for United States federal income tax purposes or the Trust's exemption from the status of each Holder of an "investment company" under the Preferred Securities. In the event Investment Company Act; PROVIDED, HOWEVER, if any amendment or proposal referred to in clause (i) above would adversely affect only the Preferred Capital Securities or only the Common Securities, then only the affected class will be entitled to vote on such amendment or proposal and such amendment or proposal shall not be effective except with the approval of 66-2/3% in liquidation amount of such class of Trust Securities.

Amendments to Declaration and Indenture. (a) If In addition to any requirements under Section 12.1 of the Declaration, if any proposed amendment to the Declaration provides for, or the Regular Administrative Trustees otherwise propose to effect effect, (i) any action that would adversely affect the powers, preferences or special rights of the Trust Securities, whether by way of amendment to the Declaration or otherwise, or (ii) the involuntary or voluntary liquidation, dissolution, winding-up or termination of the Trust, other than as described in Section 8.1 of the Declaration, then the Holders of outstanding Trust Securities as a class, will be entitled to vote on such amendment or proposal (but not on any other amendment or proposal) and such amendment or proposal shall not be effective except with the approval of the Holders of at least 66-2/3% a Majority in liquidation amount of the Trust SecuritiesSecurities affected thereby, voting together as a single class; provided that a reduction of the aggregate liquidation amount or the Distribution rateprovided, a change in the payment dates or maturities of the Preferred Securities or a reduction in the percentage in liquidation amount of outstanding Preferred Securitieshowever, the consent of the Holders of which is required for an amendment to the Declaration shall not be permitted without the consent of each Holder of the Preferred Securities. In the event if any amendment or proposal referred to in clause (i) above would adversely affect only the Trust Preferred Securities or only the Trust Common Securities, then only the affected class will be entitled to vote on such amendment or proposal and such amendment or proposal shall not be effective except with the approval of 66-2/3% a Majority in liquidation amount of such class of Trust Securities; provided, further, that no amendment or proposal approved pursuant to this Section 23(a) shall become effective unless the Administrative Trustees have received an opinion of counsel to the effect that such amendment or proposal, or the exercise of any power granted to the Trustees in accordance with such amendment or proposal, will not adversely affect the Trust's status as a grantor trust for United States federal income tax purposes or the Trust's exemption from status as an Investment Company under the Investment Company Act.