Common use of Transfer in Trust Clause in Contracts

Transfer in Trust. If any Transfer of Shares occurs which, if effective, would result in any Person Beneficially Owning or Constructively Owning Shares in violation of Section 2.1.1(a)(i) or (ii), (i) then that number of Shares the Beneficial Ownership or Constructive Ownership of which otherwise would cause such Person to violate Section 2.1.1(a)(i) or (ii) (rounded up to the nearest whole share) shall be automatically Transferred to a Charitable Trust for the benefit of a Charitable Beneficiary, as described in Section 2.2, effective as of the close of business on the Business Day prior to the date of such Transfer, and such Person shall acquire no rights in such Shares; or (ii) if the Transfer to the Charitable Trust described in clause (i) of this sentence would not be effective for any reason to prevent the violation of Section 2.1.1(a)(i) or (ii), then the Transfer of that number of Shares that otherwise would cause any Person to violate Section 2.1.1(a)(i) or (ii) shall be void ab initio, and the intended transferee shall acquire no rights in such Shares. To the extent that, upon a transfer of Shares pursuant to this Section 2.1.1(b), a violation of any provision of this Article II would nonetheless be continuing (for example where the ownership of Shares by a single Charitable Trust would violate the 100 stockholder requirement applicable to REITs), then Shares shall be transferred to that number of Charitable Trusts, each having a distinct Charitable Trustee and a Charitable Beneficiary or Beneficiaries that are distinct from those of each other Charitable Trust, such that there is no violation of any provision of this Article II.

Transfer in Trust. If any Transfer of Shares occurs which, if effective, would result in any Person Beneficially Owning or Constructively Owning Shares in violation of Section 2.1.1(a)(i14.1(a)(A) or (iiB), (i) , then that number of Shares the Beneficial Ownership or Constructive Ownership of which otherwise would cause such Person to violate Section 2.1.1(a)(i14.1(a)(A) or (iiB) (rounded up to the nearest whole shareShare) shall be automatically Transferred transferred to a Charitable Trust for the exclusive benefit of a Charitable Beneficiary, as described in Section 2.214.2, effective as of the close of business on the Business Day prior to the date of such Transfer, and such Person shall acquire no rights in such Shares; or (ii) if . If the Transfer transfer to the Charitable Trust described in clause (ithis Section 14.1(b) of this sentence would not be effective for any reason to prevent the violation of Section 2.1.1(a)(i14.1(a)(A) or (iiB), then or would not prevent the Transfer of that number of Shares that otherwise would cause any Person Trust from failing to violate Section 2.1.1(a)(i) or (ii) shall be void ab initio, and the intended transferee shall acquire no rights in such Shares. qualify as To the extent that, upon a transfer of Shares pursuant to this Section 2.1.1(b14.1(b), a violation of any provision of this Article II XIV would nonetheless be continuing (for example where the ownership of Shares by a single Charitable Trust would violate the 100 stockholder shareholder requirement applicable to REITs), then Shares shall be transferred to that number of Charitable Trusts, each having a distinct Charitable Trustee and a Charitable Beneficiary or Beneficiaries that are distinct from those of each other Charitable Trust, such that there is no violation of any provision of this Article IIXIV.

Transfer in Trust. If any Transfer of Shares occurs which, if effective, would result in any Person Beneficially Owning or Constructively Owning Shares in violation of Section 2.1.1(a)(i7.2.1(a)(i) or (ii), (i) then that number of Shares the Beneficial Ownership or Constructive Ownership of which otherwise would cause such Person to violate Section 2.1.1(a)(i7.2.1(a)(i) or (ii) (rounded up to the nearest whole share) shall be automatically Transferred to a Charitable transferred to, and held by, an Excess Share Trust for the exclusive benefit of a one or more Charitable BeneficiaryBeneficiaries, as described in Section 2.27.3, effective as of the close of business on the Business Day prior to the date of such Transfer, and such Person shall acquire no rights in such Shares; or (ii) if the Transfer transfer to the Charitable Excess Share Trust described in clause (i) of this sentence would not be effective for any reason to prevent the violation of Section 2.1.1(a)(i7.2.1(a)(i) or (ii), then the Transfer of that number of Shares that otherwise would cause any Person to violate Section 2.1.1(a)(i7.2.1(a)(i) or (ii) shall be void ab initio, and the intended transferee shall acquire no rights in such Shares. . (iii) To the extent that, upon a transfer of Shares pursuant to this Section 2.1.1(b7.2.1(b), a violation of any provision of this Article II VII would nonetheless be continuing (for example where the ownership of Shares by a single Charitable Excess Share Trust would violate the 100 stockholder person requirement applicable to REITs), then Shares shall be transferred to that number of Charitable Excess Share Trusts, each having a distinct Charitable Excess Share Trustee and a Charitable Beneficiary or Charitable Beneficiaries that are distinct from those of each other Charitable Excess Share Trust, such that there is no violation of any provision of this Article IIVII.

Transfer in Trust. If any Transfer of Shares occurs which, if effective, would result in any Person Beneficially Owning or Constructively Owning Shares in violation of Section 2.1.1(a)(i6.1.1(a)(i) or (ii), (i) then that number of Shares the Beneficial Ownership or Constructive Ownership of which otherwise would cause such Person to violate Section 2.1.1(a)(i6.1.1(a)(i) or (ii) (rounded up to the nearest whole share) shall be automatically Transferred to a Charitable Trust for the benefit of a Charitable Beneficiary, as described in Section 2.26.2, effective as of the close of business on the Business Day prior to the date of such Transfer, and such Person shall acquire no rights in such Shares; or (ii) if the Transfer to the Charitable Trust described in clause (i) of this sentence would not be effective for any reason to prevent the violation of Section 2.1.1(a)(i6.1.1(a)(i) or (ii), then the Transfer of that number of Shares that otherwise would cause any Person to violate Section 2.1.1(a)(i6.1.1(a)(i) or (ii) shall be void ab initio, and the intended transferee shall acquire no rights in such Shares. To the extent that, upon a transfer of Shares pursuant to this Section 2.1.1(b6.1.1(b), a violation of any provision of this Article II VI would nonetheless be continuing (for example where the ownership of Shares by a single Charitable Trust would violate the 100 stockholder requirement applicable to REITs), then Shares shall be transferred to that number of Charitable Trusts, each having a distinct Charitable Trustee and a Charitable Beneficiary or Beneficiaries that are distinct from those of each other Charitable Trust, such that there is no violation of any provision of this Article IIVI.

Transfer in Trust. If any Transfer of Shares shares of Capital Stock occurs which, if effective, would result in any Person Beneficially Owning or Constructively Owning Shares shares of Capital Stock in violation of Section 2.1.1(a)(i7.2.1(a)(i) or (ii), (i) then that number of Shares shares of the Capital Stock the Beneficial Ownership or Constructive Ownership of which otherwise would cause such Person to violate Section 2.1.1(a)(i7.2.1(a)(i) or (ii) (rounded up to the nearest whole share) shall be automatically Transferred transferred to a Charitable Trust for the benefit of a Charitable Beneficiary, as described in Section 2.27.3, effective as of the close of business on the Business Day prior to the date of such Transfer, and such Person shall acquire no rights in such Sharesshares of Capital Stock; or (ii) if the Transfer transfer to the Charitable Trust described in clause (i) of this sentence would not be effective for any reason to prevent the violation of Section 2.1.1(a)(i7.2.1(a)(i) or (ii), then the Transfer of that number of Shares shares of Capital Stock that otherwise would cause any Person to violate Section 2.1.1(a)(i7.2.1(a)(i) or (ii) shall be void ab initio, and the intended transferee shall acquire no rights in such Shares. shares of Capital Stock. (iii) To the extent that, upon a transfer of Shares shares of Capital Stock pursuant to this Section 2.1.1(b7.2.1(b), a violation of any provision of this Article II VII would nonetheless be continuing (for example where the ownership of Shares shares of Capital Stock by a single Charitable Trust would violate the 100 stockholder requirement applicable to REITs), then Shares shares of Capital Stock shall be transferred to that number of Charitable Trusts, each having a distinct Charitable Trustee and a Charitable Beneficiary or Beneficiaries that are distinct from those of each other Charitable Trust, such that there is no violation of any provision of this Article IIVII.

Transfer in Trust. If any Transfer of Shares occurs which, if effective, would result in any Person Beneficially Owning or Constructively Owning Shares in violation of Section 2.1.1(a)(i6.9.1(a)(i) or (ii), (i) then that number of Shares the Beneficial Ownership or Constructive Ownership of which otherwise would cause such Person to violate Section 2.1.1(a)(i6.9.1(a)(i) or (ii) (rounded up to the nearest whole share) shall be automatically Transferred to a Charitable Trust for the benefit of a Charitable Beneficiary, as described in Section 2.26.9.10, effective as of the close of business on the Business Day prior to the date of such Transfer, and such Person shall acquire no rights in such Shares; or (ii) if the Transfer to the Charitable Trust described in clause (i) of this sentence would not be effective for any reason to prevent the violation of Section 2.1.1(a)(i6.9.1(a)(i) or (ii), then the Transfer of that number of Shares that otherwise would cause any Person to violate Section 2.1.1(a)(i6.9.1(a)(i) or (ii) shall be void ab initio, and the intended transferee shall acquire no rights in such Shares. To the extent that, upon a transfer of Shares pursuant to this Section 2.1.1(b6.9.1(b), a violation of any provision of this Article II Section 6.9 would nonetheless be continuing (for example where the ownership of Shares by a single Charitable Trust would violate the 100 stockholder requirement applicable to REITs), then Shares shall be transferred to that number of Charitable Trusts, each having a distinct Charitable Trustee and a Charitable Beneficiary or Beneficiaries that are distinct from those of each other Charitable Trust, such that there is no violation of any provision of this Article IISection 6.9.

Transfer in Trust. If any Transfer of Shares occurs which, if effective, would result in any Person Beneficially Owning or Constructively Owning Shares in violation of Section 2.1.1(a)(i6.1.1(a)(i) or (ii), (i) then that number of Shares the Beneficial Ownership or Constructive Ownership of which otherwise would cause such Person to violate Section 2.1.1(a)(i6.1.1(a)(i) or (ii) (rounded up to the nearest whole share) shall be automatically Transferred transferred to a Charitable Trust for the benefit of a Charitable Beneficiary, as described in Section 2.26.2, effective as of the close of business on the Business Day prior to the date of such Transfer, and such Person shall acquire no rights in such Shares; or (ii) if the Transfer transfer to the Charitable Trust described in clause (i) of this sentence would not be effective for any reason to prevent the violation of Section 2.1.1(a)(i6.1.1(a)(i) or (ii), then the Transfer of that number of Shares that otherwise would cause any Person to violate Section 2.1.1(a)(i6.1.1(a)(i) or (ii) shall be void ab initio, and the intended transferee shall acquire no rights in such Shares. To the extent that, upon a transfer of Shares pursuant to this Section 2.1.1(b6.1.1(b), a violation of any provision of this Article II VI would nonetheless be continuing (for example where the ownership of Shares by a single Charitable Trust would violate the 100 stockholder requirement applicable to REITs), then Shares shall be transferred to that number of Charitable Trusts, each having a distinct Charitable Trustee and a Charitable Beneficiary or Beneficiaries that are distinct from those of each other Charitable Trust, such that there is no violation of any provision of this Article IIVI.

Transfer in Trust. If any Transfer of Shares shares of Capital Stock occurs which, if effective, would result in any Person Beneficially Owning or Constructively Owning Shares shares of Capital Stock in violation of Section 2.1.1(a)(i7.2.1(a)(i) or (ii), (i) then that number of Shares shares of the Capital Stock the Beneficial Ownership or Constructive Ownership of which otherwise would cause such Person to violate Section 2.1.1(a)(i7.2.1(a)(i) or (ii) (rounded up to the nearest whole share) shall be automatically Transferred transferred to a Charitable Trust for the benefit of a Charitable Beneficiary, as described in Section 2.27.3, effective as of the close of business on the Business Day prior to the date of such Transfer, and such Person shall acquire no rights in such Sharesshares; or (ii) if the Transfer transfer to the Charitable Trust described in clause (i) of this sentence would not be effective for any reason to prevent the violation of Section 2.1.1(a)(i7.2.1(a)(i) or (ii), then the Transfer of that number of Shares shares of Capital Stock that otherwise would cause any Person to violate Section 2.1.1(a)(i7.2.1(a)(i) or (ii) shall be void ab initio, and the intended transferee shall acquire no rights in such Shares. shares of Capital Stock. (iii) To the extent that, upon a transfer of Shares shares of Capital Stock pursuant to this Section 2.1.1(b7.2.1(b), a violation of any provision of this Article II VII would nonetheless be continuing (for example where the ownership of Shares shares of Capital Stock by a single Charitable Trust would violate the 100 stockholder requirement applicable to REITs), then Shares shares of Capital Stock shall be transferred to that number of Charitable Trusts, each having a distinct Charitable Trustee and a Charitable Beneficiary or Charitable Beneficiaries that are distinct from those of each other Charitable Trust, such that there is no violation of any provision of this Article IIVII.