Common use of Vote Generally Required Clause in Contracts

Vote Generally Required. Except as provided in Sections 10.02 and 10.03 and subject to the provisions of Section 8.03 hereof, neither the Trust or the Sponsor shall: (a) merge or consolidate with or into any limited liability company, corporation, statutory trust, business trust or association, real estate investment trust, common-law trust or any other unincorporated business, including a partnership, or (b) sell, lease or exchange all or substantially all of its Property and assets, unless the Sponsor, acting through the Board of Directors, adopts a resolution approving such action and unless such action shall be approved by the affirmative vote of the holders of a majority of the Shares outstanding and entitled to vote thereon; provided, however, that any Shares held by the Manager or an Affiliate or Associate of the Manager shall not be entitled to vote to approve any merger or consolidation with or into, or sale, lease or exchange to, the Manager or an Affiliate or Associate thereof. The notice of the meeting at which such resolution is to be considered will so state. For the purposes of this Article VIII, the following terms have the following meanings:

Vote Generally Required. Except as provided in Sections 10.02 2.3 and 10.03 2.4 and subject to the provisions of Section 8.03 10.3 hereof, neither the Trust or the Sponsor shall: Company shall not (a) merge or consolidate with or into any limited liability company, corporation, statutory trust, business trust or association, real estate investment trust, common-law trust or any other unincorporated business, including a partnership, or (b) sell, lease or exchange all or substantially all of its Property and assets, unless the SponsorBoard of Directors shall adopt a resolution, acting through by the affirmative vote of at least a majority of the Entire Board of Directors, adopts a resolution approving such action and unless such action shall be approved by the affirmative vote of the holders of a majority of the Shares LLC Interests outstanding and entitled to vote thereon; provided, however, that any Shares LLC Interests held by the Manager or an Affiliate or Associate of the Manager Manager, shall not be entitled to vote to approve any merger or consolidation with or into, or sale, lease or exchange to, the Manager or an Affiliate or Associate thereof. The notice of the meeting at which such resolution is to be considered will so state. For the purposes of this Article VIII10, the following terms have the following meanings:

Vote Generally Required. Except as provided in Sections 10.02 2.3 and 10.03 Section 2.4 and subject to the provisions of Section 8.03 10.3 hereof, neither the Trust or the Sponsor shall: Company shall not (a) merge or consolidate with or into any limited liability company, corporation, statutory trust, business trust or association, real estate investment trust, common-law trust or any other unincorporated business, including a partnership, or (b) sell, lease or exchange all or substantially all of its Property and assets, unless the SponsorBoard of Directors shall adopt a resolution, acting through by the affirmative vote of at least a majority of the Entire Board of Directors, adopts a resolution approving such action and unless such action shall be approved by the affirmative vote of the holders of a majority of the Shares LLC Interests outstanding and entitled to vote thereon; provided, however, that any Shares LLC Interests held by the Manager or an Affiliate or Associate of the Manager Manager, shall not be entitled to vote to approve any merger or consolidation with or into, or sale, lease or exchange to, the Manager or an Affiliate or Associate thereof. The notice of the meeting at which such resolution is to be considered will so state. For the purposes of this Article VIII10, the following terms have the following meanings:

Vote Generally Required. Except as provided in Sections 10.02 and 10.03 and subject to the provisions of Section 8.03 hereof, neither the Trust or the Sponsor shall: (a) merge or consolidate with or into any limited liability company, corporation, statutory trust, business trust or association, real estate investment trust, common-law trust or any other unincorporated business, including a partnership, or (b) sell, lease or exchange all or substantially all of its Property and assets, unless the Sponsor, acting through the Board of Directors, adopts a resolution approving such action and unless such action shall be approved by the affirmative vote of the holders of a majority of the Shares outstanding and entitled to vote thereon; provided, however, that any Shares held by the Manager or an Affiliate or Associate of the Manager Manager, shall not be entitled to vote to approve any merger or consolidation with or into, or sale, lease or exchange to, the Manager or an any Affiliate or Associate thereof. The notice of the meeting at which such resolution is to be considered will so state. For the purposes of this Article VIII, the following terms have the following meanings:

Vote Generally Required. Except as provided in Sections 10.02 2.3 and 10.03 2.4 and subject to the provisions of Section 8.03 10.3 hereof, neither the Trust or the Sponsor shall: Company shall not (a) merge or consolidate with or into any limited liability company, corporation, statutory trust, business trust or association, real estate investment trust, common-law trust or any other unincorporated business, including a partnership, or (b) sell, lease or exchange all or substantially all of its Property and assets, unless the SponsorBoard of Directors shall adopt a resolution, acting through by the affirmative vote of at least a majority of the Entire Board of Directors, adopts a resolution approving such action and unless such action shall be approved by the affirmative vote of the holders of a majority of the Shares LLC Interests outstanding and entitled to vote thereon; provided, however, however that any Shares LLC Interests held by the Manager or an Affiliate or Associate of the Manager Manager, shall not be entitled to vote to approve any merger or consolidation with or into, or sale, lease or exchange to, the Manager or an any Affiliate or Associate thereof. The notice of the meeting at which such resolution is to be considered will so state. For the purposes of this Article VIII10, the following terms have the following meanings: