Notice to Depositor. In the event that the Trustee shall have been notified at any time of any action to be taken or proposed to be taken by at least a legally required number of holders of any Securities deposited in a Trust, the Trustee shall take such action or omit from taking any action, as appropriate, so as to insure that the Securities are voted as closely as possible in the same manner and the same general proportion as are the Securities held by owners other than such Trust. In the event that an offer by the issuer of any of the Securities or any other party shall be made to issue new securities, or to exchange securities, for Trust Securities, the Trustee shall reject such offer. However, should any issuance, exchange or substitution be effected notwithstanding such rejection or without an initial offer, any securities, cash and/or property received shall be deposited hereunder and shall be promptly sold, if securities or property, by the Trustee pursuant to the Depositor's direction, unless the Depositor advises the Trustee to keep such securities or property. The Depositor may rely on the Portfolio Supervisor in so advising the Trustee. The cash received in such exchange and cash proceeds of any such sales shall be distributed to Unit holders on the next distribution date in the manner set forth in Section 3.05 regarding distributions from the Capital Account. The Trustee shall not be liable or responsible in any way for depreciation or loss incurred by reason of any such sale. Neither the Depositor nor the Trustee shall be liable to any person for any action or failure to take action pursuant to the terms of this Section 3.11. Whenever new securities or property is received and retained by a Trust pursuant to this Section 3.11, the Trustee shall provide to all Unit holders of such Trust notices of such acquisition in the Trustee's annual report unless prior notice is directed by the Depositor."
Notice to Depositor. In the event that the Trustee shall have been notified at any time of any action to be taken or proposed to be taken with respect to the Securities (including but not limited to the making of any demand, direction, request, giving of any notice, consent or waiver or the voting with respect to any amendment or supplement to any indenture, resolution, agreement or other instrument under or pursuant to which the Securities have been issued) the Trustee shall promptly notify the Depositor and shall thereupon take such action or refrain from taking any action, as appropriate, so as to insure that such Securities are voted as closely as possible in the same manner and the same general proportion, with respect to all issues, as are the shares of such Securities held by owners other than the Trust."
Notice to Depositor. In the event that the Trustee shall have been notified at any time of any action to be taken or proposed to be taken with respect to the Securities (including but not limited to the making of any demand, direction, request, giving of any notice, consent or waiver or the voting with respect to any amendment or supplement to any indenture, resolution, agreement or other instrument under or pursuant to which the Securities have been issued) the Trustee shall:
Notice to Depositor. In the event that the Trustee shall have been notified at any time of any action to be taken or proposed to be taken by holders of the Securities (including but not limited to the making of any demand, direction, request, giving of any notice, consent or waiver or the voting with respect to any matter relating to the Securities), the Trustee shall promptly notify the Depositor and shall thereupon take such action or refrain from taking any action with respect to the Equity Securities so as to insure that the Equity Securities are voted as closely as possible in the same manner and the same general proportion, with respect to all issues, as are shares of such Equity Securities that are held by owners other than the Trust.
Notice to Depositor. In the event that the Trustee shall have been notified at any time of any action to be taken or proposed to be taken with respect to the Securities (including but not limited to the making of any demand, direction, request, giving of any notice, consent or waiver or the voting with respect to any matter relating to the Securities), the Trustee shall promptly notify the Depositor and shall thereupon take such action or refrain from taking any action as the Depositor shall in writing direct, which includes electronic communication; provided, however, that if the Depositor shall not within five Business Days of the giving of such notice to the Depositor direct the Trustee to take or refrain from taking any action, the Trustee shall take such action or refrain from taking any action, (i) so as to insure that the Equity Securities are voted as closely as possible in the same manner and the same general proportion, with respect to all issues, as are the shares of such Equity Securities that are held by owners other than the Trust and (ii) as it, in its sole discretion, shall deem advisable with respect to the Fixed Income Securities. Neither the Depositor nor the Trustee shall be liable to any person for any action or failure to take action with respect to this Section.
Notice to Depositor. In the event that the Trustee shall have been notified at any time of any action to be taken or proposed to be taken with respect to the Securities (including but not limited to the making of any demand, direction, request, giving of any notice, consent or waiver or the voting with respect to any amendment or supplement to any indenture, resolution, agreement or other instrument under or pursuant to which the Securities have been issued) the Trustee shall: (a) with respect to the Fund Shares, promptly notify the Depositor and shall thereupon take such action or refrain from taking any action, as appropriate, so as to insure that such Fund Shares are voted as closely as possible in the same manner and the same general proportion, with respect to all issues, as are the shares of such Fund Shares held by owners other than the Trust; or (b) with respect to Securities other than Fund Shares, at the direction of the Depositor, vote for or against, or accept or reject, any offer for new or exchanged securities or property in exchange for a Trust Security. Should any issuance, exchange or substitution be effected, any securities, cash and/or property received shall be deposited hereunder and shall be promptly sold, if securities or property, by the Trustee pursuant to the Depositor's direction, unless the Depositor advises the Trustee to keep such securities or property."
Notice to Depositor. In the event that the Trustee shall have been notified at any time of any action to be taken or proposed to be taken by holders of the Securities (including but not limited to the making of any demand, direction, request, giving of any notice, consent or waiver or the voting with respect to any amendment or supplement to any indenture, resolution, agreement or other instrument under or pursuant to which the Securities have been issued) the Trustee shall promptly notify the Depositor and shall thereupon take such action or refrain from taking any action as the Depositor shall in writing direct; PROVIDED, HOWEVER, that if the Depositor shall not within five business days of the giving of such notice to the Depositor direct the Trustee to take or refrain from taking any action, the Trustee shall take such action as it, in its sole discretion, shall deem advisable. Neither the Depositor nor the Trustee shall be liable to any person for any action or failure to take action with respect to this Section 3.13.
Notice to Depositor. 20 Section 3.14. Limited Replacement of Special Securities.............21
Notice to Depositor. Thank you for choosing Xxxxxxx Title California forma (Xxxxxxx Title) As you have deposited and/or will be depositing funds with Xxxxxxx Title, we deem it important that you are aware of an opportunity to earn interest, or in the alternative, to benefit from reduced escrow fees. Should you not earn to earn interest on your deposit, Xxxxxxx Title will deposit your funds into its General Escrow Account at a financial institution insured by the EDIC. This is a non-interest bearing account, however, Xxxxxxx Title may receive certain financial benefits from that financial institution because of the General Escrow Account and Us on-going banking relationship. These benefits may include, without limitation, credits allowed by such financial institution on loans to Xxxxxxx Title and earnings on investments made with the proceeds of such loans, accounting, reporting and oilier services and products of such financial institution. These financial benefits enable Xxxxxxx Title of California to offer lower escrow fees that would otherwise be unavailable Unless you direct Xxxxxxx Title to open an interest-bearing account (as described below), Xxxxxxx Title shall have no obligation to account to you in any manner for the value of, or to compensate any party for, any benefit received by Xxxxxxx Title Any such benefits shall be deemed additional compensation of Xxxxxxx Title for its services in connection with the escrow. If you elect, funds deposited prior to the close of escrow may be placed in an individual interest-bearing account. Should you elect to have your funds placed in an interest bearing account, Xxxxxxx Title personnel will expend time and effort to open said account, process signature cards, review and execute the account agreement, deal with account correspondence, process the proper closing of the account, maintain records and bank statements, and to process various other related duties. Xxxxxxx Title of California will charge an additional escrow fee in the amount of $50.00 for establishing and maintaining such an interest bearing account It is important that you provide careful consideration of this cost, as the cost may exceed the actual interest earned. Please note the following examples of a $1,000.00 and a 55,000.00 deposit into a 3% interest bearing account for a period of 30 days: $1,000.00 x 3% - 360 days x 30 days - $2.50. $5,000.00 x 3% - 360 days x 30 days - $12.50 If you do not want your funds placed in an interest bearing account, you need do...
Notice to Depositor. In the event that the Trustee shall have been notified at any time of any action to be taken or proposed to be taken with respect to the Securities (including but not limited to the making of any demand, direction, request, giving of any notice, consent or waiver or the voting with respect to any amendment or supplement to any indenture, resolution, agreement or other instrument under or pursuant to which the Zero Coupon Obligations have been issued) the Trustee shall promptly notify the Depositor and shall thereupon take such action or refrain from taking any action as the Depositor shall in writing direct; in the absence of any such direction the Trustee shall refrain from taking any action." 21. The second and third sentences of the fourth paragraph of Section 8.02 are hereby deleted and the following is added to the end of the first sentence of such paragraph: ", which may include a complete liquidation of the Securities". In Witness Whereof, Van Kampen American Capital Distributors Inc. has caused this Xxxxx Xxxeement to be executed by one of its Vice Presidents or Assistant Vice Presidents and its corporate seal to be hereto affixed and attested by its Secretary or one of its Vice Presidents or Assistant Secretaries, American Portfolio Evaluation Services, a division of Van Kampen American Capital Investment Advisory Corp., and Van Xxxxxx Xxerican Capital Investment Advisory Corp., have each xxxxxx xhis Trust Indenture and Agreement to be executed by their respective President or one of their respective Vice Presidents and the corporate seal of Van Kampen American Capital Investment Advisory Corp. to be hexxxx xxxxxed and attested to by the Secretary, Assistant Secretary or one of the Assistant Vice Presidents of Van Kampen American Capital Investment Advisory Corp. and The Bxxx xx Xxx York, has caused this Trust Agreement to be executed by one of its Vice Presidents and its corporate seal to be hereto affixed and attested to by one of its Assistant Treasurers all as of the day, month and year first above written. Van Kampen American Capital Xxxxxxxxtors Inc. By Sandra A. Waterworth Vice Xxxxxxxxx Xxxxxx: Xx Gina M. Scumaci Assistant Secretary Xxxxxxxx Portfolio Evaluation Services, a division of Van Kampen American Capitax Xxxxxxxxnt Advisory Corp. By Dennis J. McDonnell Presidxxx Xxxxxx Xx Xxxxx E. Martin Assistant Secretary Xxx Xxxxen American Capital Xxxxxxxxnt Advisory Corp. By Dennis J. McDonnell Presidxxx Xxxxxx Xx Xxxxx E. Martin Assistant Se...
