Common use of Notice and Effect of Amendment Clause in Contracts

Notice and Effect of Amendment. Promptly after the execution by the Trustee of any such declaration of amendment, the Trustee shall give notice of the substance of such amendment to the Beneficiaries or, in lieu thereof, the Trustee may send a copy of the amendment to each Beneficiary. Upon the execution of any such declaration of amendment by the Trustee, this Agreement shall be deemed to be modified and amended in accordance therewith and the respective rights, limitations of rights, obligations, duties, and immunities of the Trustee and the Beneficiaries under this Agreement with respect to the Trust shall thereafter be determined, exercised and enforced hereunder subject in all respects to such modification and amendments, and all the terms and conditions of any such amendment shall be thereby deemed to be part of the terms and conditions of this Agreement for any and all purposes.

Appears in 15 contracts

Samples: Liquidating Trust Agreement (Professional Lease Management Income Fund I LLC), Liquidating Trust Agreement (PLM Equipment Growth Fund Ii), Liquidating Trust Agreement (PLM Equipment Growth & Income Fund Vii)

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Notice and Effect of Amendment. Promptly after the execution by the Trustee of any such declaration of amendment, the Trustee shall give notice of the substance of such amendment to the Beneficiaries or, in lieu thereof, the Trustee may send a copy of the amendment to each Beneficiary. Upon the execution of any such declaration of amendment by the Trustee, this Agreement shall be deemed to be modified and amended in accordance therewith and the respective rights, limitations of rights, obligations, duties, and immunities of the Trustee and the Beneficiaries under this Agreement with respect to the Trust shall thereafter be determined, exercised and enforced hereunder subject in all respects to such modification and amendments, and all the terms and conditions of any such amendment shall thereby be thereby deemed to be part of the terms and conditions of this Agreement for any and all purposes.

Appears in 12 contracts

Samples: Liquidating Trust Agreement, Agreement and Declaration of Trust (Mission West Properties Inc), Liquidating Trust Agreement (All American Group Inc)

Notice and Effect of Amendment. Promptly after the execution by the Trustee Trustees of any such declaration of amendment, the Trustee Trustees shall give notice of the substance of such amendment to the Beneficiaries or, in lieu thereof, the Trustee Trustees may send a copy of the amendment to each Beneficiary. Upon the execution of any such declaration of amendment by the TrusteeTrustees, this Agreement shall be deemed to be modified and amended in accordance therewith and the respective rights, limitations of rights, obligations, duties, and immunities of the Trustee Trustees and the Beneficiaries under this Agreement with respect to the Trust shall thereafter be determined, exercised and enforced hereunder subject in all respects to such modification and amendments, and all the terms and conditions of any such amendment shall be thereby deemed to be part of the terms and conditions of this Agreement for any and all purposes.

Appears in 3 contracts

Samples: Liquidating Trust Agreement (Microcap Liquidating Trust), Liquidating Trust Agreement (Petrie Stores Corp), Liquidating Trust Agreement (Microcap Fund Inc)

Notice and Effect of Amendment. Promptly after the execution by the Trustee Trustees of any such declaration of amendment, the Trustee Trustees shall give notice of the substance of such amendment to the Beneficiaries or, in lieu thereof, the Trustee Trustees may send a copy of the amendment to each Beneficiary. Upon the execution of any such declaration of amendment by the TrusteeTrustees, this Agreement shall be deemed to be modified and amended in accordance therewith and the respective rights, limitations of rights, obligations, duties, and immunities of the Trustee Trustees and the Beneficiaries under this Agreement with respect to the Trust shall thereafter be determined, exercised and enforced hereunder subject in all respects to such modification and amendments, and all the terms and conditions of any such amendment shall thereby be thereby deemed to be part of the terms and conditions of this Agreement for any and all purposes.

Appears in 2 contracts

Samples: Liquidating Trust Agreement (Winthrop Realty Trust), Agreement and Declaration of Trust (G REIT Liquidating Trust)

Notice and Effect of Amendment. Promptly after the execution by the Trustee Trustees of any such declaration of amendment, the Trustee Trustees shall give notice of the substance of such amendment to the Beneficiaries or, in lieu thereof, the Trustee Trustees may send a copy of the amendment to each Beneficiary. Upon the execution of any such declaration of amendment by the TrusteeTrustees, this Agreement shall be deemed to be modified and amended in accordance therewith and the respective rights, limitations of rights, obligations, duties, and immunities of the Trustee Trustees and the Beneficiaries under this Agreement with respect to the Trust shall thereafter be determined, exercised and enforced hereunder subject in all respects to such modification and amendments, and all the terms and conditions of any such amendment shall thereby be thereby deemed to be part of the terms and conditions of this Agreement for any and all purposes.. ARTICLE XIV

Appears in 2 contracts

Samples: Liquidating Trust Agreement Agreement, Liquidating Trust Agreement (BPP Liquidating Trust)

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Notice and Effect of Amendment. Promptly after the execution by the Trustee of any such declaration of amendment, the Trustee shall give notice of the substance of such amendment to the Beneficiaries of the Trust or, in lieu thereof, the Trustee may send a copy of the amendment to each Beneficiary. Upon the execution of any such declaration of amendment by the Trustee, this Agreement shall be deemed to be modified and amended in accordance therewith and the respective rights, limitations of rights, obligations, duties, and immunities of the Trustee and the Beneficiaries under this Agreement with respect to the Trust shall thereafter be determined, exercised and enforced hereunder subject in all respects to such modification and amendments, and all the terms and conditions of any such amendment shall be thereby deemed to be part of the terms and conditions of this Agreement for any and all purposes.

Appears in 1 contract

Samples: Liquidating Trust Agreement (American Income Fund I-E LTD Partnership)

Notice and Effect of Amendment. Promptly after the execution by the Trustee of any such declaration of amendment, the Trustee shall give notice of the substance of such amendment to the Beneficiaries or, in lieu thereof, the Trustee may send a copy of the amendment to each Beneficiary. Upon the execution of any such declaration of amendment by the Trustee, this Agreement shall be deemed to be modified and amended in accordance therewith and the respective rights, limitations of rights, obligations, duties, and immunities of the Trustee and the Beneficiaries under this Agreement with respect to the Trust shall thereafter be determined, exercised and enforced hereunder subject in all respects to such modification and amendments, and all the terms and conditions of any such amendment shall thereby be thereby deemed to be part of the terms and conditions of this Agreement for any and all purposes.. <PAGE>

Appears in 1 contract

Samples: Liquidating Trust Agreement (Advanced Switching Communications Inc)

Notice and Effect of Amendment. Promptly after the execution by the Trustee of any such declaration of amendment, the Trustee shall give notice of the substance of such amendment to the Beneficiaries or, in lieu thereof, the Trustee may send a copy of the amendment to each Beneficiary. Upon the execution of any such declaration of amendment by the Trustee, this Agreement shall be deemed to be modified and amended in accordance therewith and the respective rights, limitations of rights, obligations, duties, duties and immunities of the Trustee and the Beneficiaries under this Agreement with respect to the Trust shall thereafter be determined, exercised exercised, and enforced hereunder subject in all respects to such modification and amendmentsamendment, and all the terms and conditions of any such amendment shall be thereby deemed to be part of the terms and conditions of this Agreement for any and all purposes.

Appears in 1 contract

Samples: Liquidating Trust Agreement (Pacific Gulf Properties Inc)

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