Common use of Distributions Other Than Cash or Securities Clause in Contracts

Distributions Other Than Cash or Securities. Subject to ------------------------------------------- the provisions of Sections 4.8 and 5.6, whenever the Trustee shall receive any distribution other than a distribution described in Sections 4.1, 4.3 or 4.4 or any distribution which would otherwise be distributed hereunder except that the Trustee deems such distribution not to be lawful and feasible, the Trustee shall, subject to Section 4.10, cause the securities or property received by it to be distributed to the Owners entitled thereto, in proportion to the number of Receipts held by them respectively, in any manner that the Trustee may deem equitable and practicable for accomplishing such distribution; provided, however, that if in the opinion of the Trustee such distribution -------- ------- cannot be made proportionately among the Owners entitled thereto, or if for any other reason (including, but not limited to, any requirement that a Securities Issuer or the Trustee withhold an amount on account of taxes or other governmental charges or that such securities must be registered under the Securities Act of 1933 in order to be distributed to Owners) the Trustee deems such distribution not to be feasible, the Trustee shall adopt such method as it deems equitable and practicable for the purpose of effecting such distribution, including, but not limited to, the public or private sale of the securities or property thus received, or any part thereof, and the net proceeds of any such sale (net of the fees of the Trustee as provided in Section 5.6) shall be distributed by the Trustee to the Owners entitled thereto as in the case of a distribution received in cash.

Appears in 4 contracts

Samples: Trust Agreement (Merrill Lynch Pierce Fenner & Smith Inc), Trust Agreement (Merrill Lynch Pierce Fenner & Smith Inc), Trust Agreement (Merrill Lynch Pierce Fenner & Smith Inc)

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Distributions Other Than Cash or Securities. Subject to ------------------------------------------- the provisions of Sections 4.8 4.9 and 5.6, whenever the Trustee shall receive any distribution other than a distribution described in Sections 4.1, 4.3 or 4.4 or any distribution which would otherwise be distributed hereunder except that the Trustee deems such distribution not to be lawful and feasible, the Trustee shall, subject to Section 4.10, cause the securities or property received by it to be distributed to the Owners entitled thereto, in proportion to the number of Receipts held by them respectively, in any manner that the Trustee may deem equitable and practicable for accomplishing such distribution; provided, however, that if in the opinion of the Trustee such distribution -------- ------- cannot be made proportionately among the Owners entitled thereto, or if for any other reason (including, but not limited to, any requirement that a Securities Issuer or the Trustee withhold an amount on account of taxes or other governmental charges or that such securities must be registered under the Securities Act of 1933 1933, as amended, in order to be distributed to Owners) the Trustee Trustee, after consultation with the Initial Depositor, deems such distribution not to be feasible, the Trustee may adopt, with the Initial Depositor's approval, which approval shall adopt not be unreasonably withheld, such method as it deems equitable and practicable for the purpose of effecting such distributiondistribution such that each Owner receives substantially identical property (less any applicable taxes), including, but not limited to, the public or private sale of the securities or property thus received, or any part thereof, and the net proceeds of any such sale (net of the fees of the Trustee as provided in Section 5.6) shall be distributed by the Trustee to the Owners entitled thereto as in the case of a distribution received in cash.

Appears in 2 contracts

Samples: Trust Agreement (Salomon Smith Barney Inc /Ny/), Trust Agreement (Salomon Smith Barney Inc /Ny/)

Distributions Other Than Cash or Securities. Subject to ------------------------------------------- the provisions of Sections 4.8 and 5.6, whenever the Trustee shall receive any distribution other than a distribution described in Sections 4.1, 4.3 or 4.4 or any distribution which would otherwise be distributed hereunder except that the Trustee deems such distribution not to be lawful and feasible, the Trustee shall, subject to Section 4.10, cause the securities or property received by it to be distributed to the Owners entitled thereto, in proportion to the number of Receipts held by them respectively, in any manner that the Trustee may deem equitable and practicable for accomplishing such distribution; provided, -------- however, that if in the opinion of the Trustee such distribution -------- ------- cannot be made ------- proportionately among the Owners entitled thereto, or if for any other reason (including, but not limited to, any requirement that a Securities Issuer or the Trustee withhold an amount on account of taxes or other governmental charges or that such securities must be registered under the Securities Act of 1933 in order to be distributed to Owners) the Trustee deems such distribution not to be feasible, the Trustee shall adopt such method as it deems equitable and practicable for the purpose of effecting such distribution, including, but not limited to, the public or private sale of the securities or property thus received, or any part thereof, and the net proceeds of any such sale (net of the fees of the Trustee as provided in Section 5.6) shall be distributed by the Trustee to the Owners entitled thereto as in the case of a distribution received in cash.

Appears in 2 contracts

Samples: Trust Agreement (Merrill Lynch Pierce Fenner & Smith Inc), Trust Agreement (Merrill Lynch Pierce Fenner & Smith Inc)

Distributions Other Than Cash or Securities. Subject to ------------------------------------------- the provisions of Sections 4.8 4.8, 5.2 and 5.6, whenever the Trustee shall receive any distribution other than (i) a distribution described in Sections 4.1, 4.3 or 4.4 or (ii) any distribution which would otherwise be distributed hereunder except that the Trustee deems such distribution not to be lawful and feasible, the Trustee shall, subject to Section 4.10, cause the securities or property received by it to be distributed to the Owners entitled thereto, in proportion to the number of Receipts held by them respectively, in any manner that the Trustee may deem equitable and practicable for accomplishing such distribution; provided, however, that if in the opinion of the Trustee such distribution -------- ------- cannot be made proportionately among the Owners entitled thereto, or if for any other reason (including, but not limited to, any requirement that a Securities Issuer or the Trustee withhold an amount on account of taxes or other governmental charges or that such securities must be registered under the Securities Act of 1933 in order to be distributed to Owners) the Trustee deems such distribution not to be feasible, the Trustee shall adopt such method as it deems equitable and practicable for the purpose of effecting such distribution, including, but not limited to, the public or private sale of the securities or property thus received, or any part thereof, and the net proceeds of any such sale (net of the fees of the Trustee as provided in Section 5.6) shall be distributed by the Trustee to the Owners entitled thereto as in the case of a distribution received in cash.

Appears in 2 contracts

Samples: Trust Agreement (Epoch Securities Inc), Trust Agreement (Epoch Securities Inc)

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Distributions Other Than Cash or Securities. Subject to ------------------------------------------- the provisions of Sections 4.8 and 5.65.2, whenever the Trustee shall receive any distribution other than (i) a distribution described in Sections Section 4.1, 4.3 4.3(a) or 4.4 or (ii) any distribution which would otherwise be distributed hereunder except that the Trustee deems such distribution not to be lawful and feasible, the Trustee shall, subject to Section 4.10, cause the securities or property received by it to be distributed to the Owners entitled thereto, in proportion to the number of Receipts held by them respectively, in any manner that the Trustee may deem equitable and practicable for accomplishing such distribution; provided, however, that if in the opinion of the Trustee such distribution -------- ------- cannot be made proportionately among the Owners entitled thereto, or if for any other reason (including, but not limited to, any requirement that a Securities Issuer or the Trustee withhold an amount on account of taxes or other governmental charges or that such securities must be registered under the Securities Act of 1933 in order to be distributed to Owners) the Trustee deems such distribution not to be feasible, the Trustee shall adopt such method as it deems equitable and practicable for the purpose of effecting such distribution, including, but not limited to, the public or private sale of the securities or property thus received, or any part thereof, and the net proceeds of any such sale (net of the fees of the Trustee as provided in Section 5.6) shall be distributed by the Trustee to the Owners entitled thereto as in the case of a distribution received in cash; provided, that nothing herein or in any Depositary Trust Agreement shall be deemed to obligate the Trustee to register or to cause to be registered any Securities.

Appears in 1 contract

Samples: Trust Agreement (Cantor Fitzgerald & Co)

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