Common use of Shareholder Proposals Clause in Contracts

Shareholder Proposals. Any Shareholder who is entitled to vote in the election of trustees and who meets the requirements of the proxy rules under the Securities Exchange Act of 1934, as amended, may submit to the Board of Trustees proposals to be considered for submission to the Shareholders of the Trust for their vote. The introduction of any Shareholder proposal that the Board of Trustees decides should be voted on by the Shareholders of the Trust, shall be made by notice in writing delivered or mailed by first class United States mail, postage prepaid, to the Secretary of the Trust, and received by the Secretary no later than the close of business on the seventh day following the date on which notice of a meeting is first given to Shareholders. Each such notice shall set forth: (a) the proposal to be introduced; (b) the name and address of the Shareholder who intends to make the proposal; (c) a representation that the Shareholder is a holder of record or beneficial owner of Shares of the Trust entitled to vote at such meeting (together with such proof thereof as would meet the requirements for proposals that are to be included in the Trust’s proxy statements pursuant to Rule 14a-8 under the Securities Exchange Act of 1934, as amended, or any successor to such Rule) and intends to appear in person or by proxy at the meeting to introduce the proposal or proposals, specified in the notice; and (d) the class and number of Shares held of record, owned beneficially and represented by proxy by such Shareholder as of the record date for the meeting (if such date shall then have been made publicly available) and as of the date of such notice. The Chairman of the Meeting may refuse to acknowledge the introduction of any Shareholder proposal not made in compliance with the foregoing procedure.

Shareholder Proposals. Any Shareholder who is entitled For any shareholder proposal to vote be presented in connection with an annual meeting of shareholders of the Company, including any proposal relating to the nomination of a trustee to be elected to the Board of Trustees of the Company, the shareholders must have given timely notice thereof in writing to the Secretary of the Company. To be timely, a shareholder's proposal shall be delivered to the Secretary at the principal executive offices of the Company not less than 120 days in advance of the release date of the Company's proxy statement to shareholders in connection with the preceding year's annual meeting; provided, however, that in the event that the date of the annual meeting is advanced by more than 30 days or delayed by more than 60 days from such anniversary date, notice by the shareholder to be timely must be so delivered not earlier than the 90th day prior to such annual meeting and not later than the close of business on the later of the 60th day prior to such annual meeting or the tenth day following the day on which public announcement of the date of such meeting is first made. Such shareholders' notice shall set forth (a) as to each person whom the shareholder proposes to nominate for election or re-election as a trustee all information relating to such person that is required to be disclosed in solicitations of proxies for election of trustees and who meets the requirements of the proxy rules trustees, or is otherwise required, in each case, pursuant to Regulation 14A under the Securities Exchange Act of 1934, as amended, may submit amended (the "Exchange Act") (including such person's written consent to being named in the Board of Trustees proposals proxy statement as a nominee and to be considered for submission to the Shareholders of the Trust for their vote. The introduction of any Shareholder proposal that the Board of Trustees decides should be voted on by the Shareholders of the Trust, shall be made by notice in writing delivered or mailed by first class United States mail, postage prepaid, to the Secretary of the Trust, and received by the Secretary no later than the close of business on the seventh day following the date on which notice of serving as a meeting is first given to Shareholders. Each such notice shall set forth: (a) the proposal to be introducedtrustee if elected); (b) as to any other business that the shareholder proposes to bring before the meeting, a brief description of the business desired to be brought before the meeting, the reasons for conducting such business at the meeting and any material interest in such business of such shareholder and of the beneficial owner, if any, on whose behalf the proposal is made; and (c) as to the shareholder giving the notice and the beneficial owner, if any, on whose behalf the nomination or proposal is made, (i) the name and address of such shareholder, as they appear on the Shareholder who intends to make the proposal; (c) a representation that the Shareholder is a holder Company's books, and of record or such beneficial owner of Shares of the Trust entitled to vote at such meeting (together with such proof thereof as would meet the requirements for proposals that are to be included in the Trust’s proxy statements pursuant to Rule 14a-8 under the Securities Exchange Act of 1934, as amended, or any successor to such Rule) and intends to appear in person or by proxy at the meeting to introduce the proposal or proposals, specified in the notice; and (dii) the class and number of Shares held shares of record, beneficial interest of the Company which are owned beneficially and represented by proxy of record by such Shareholder as shareholders and such beneficial owner. For the 1995 annual meeting the previous year's meeting shall be deemed to have taken place on May 12, 1994; provided that this sentence shall cease to be a part of these By-Laws after the holding of the record date for the 1995 annual meeting (if such date shall then have been made publicly available) and as of the date of such notice. The Chairman of the Meeting may refuse to acknowledge the introduction of any Shareholder proposal not made in compliance with the foregoing procedureadjournments thereof.

Shareholder Proposals. Any Shareholder who is shareholder holding shares entitled to vote in the election of trustees and who meets the requirements directors with an aggregate value of at least $2,000 may present a proposal at a meeting of the proxy rules under shareholder of the Securities Exchange Act of 1934, as amended, may submit Corporation if the shareholder gives written notice to the Board of Trustees proposals to be considered for submission corporate secretary and the notice is received not less than 60 days nor more than 90 days prior to the Shareholders dater of the Trust for their vote. The introduction of any Shareholder proposal shareholder meeting; except that if the Board of Trustees decides should be voted on by the Shareholders Corporation gives less than 75 days’ notice of the Trust, shall be made by notice in writing delivered meeting date or mailed by first class United States mail, postage prepaid, to the Secretary if public disclosure of the Trustdate of the meeting is made less than 75 days before the meeting, and the notice must be received by the Secretary no not later than the close of business on the seventh 10th day following the date day on which notice of a the date of the meeting is was mailed or public disclosure was made, whichever first given to Shareholdersoccurs. Each such notice shall must set forthforth as to each matter the shareholder proposes to bring before the meeting: (ai) a description of each proposed item of business and the proposal to be introducedreasons for conducting that business at the annual meeting; (bii) any material interest in that business of that shareholder or any Shareholder Associated Person, including any anticipated benefit to the shareholder or any Shareholder Associated Person; (iii) the name and record address of the Shareholder who intends shareholder proposing to make bring that item of business before the proposalmeeting; (c) a representation that the Shareholder is a holder of record or beneficial owner of Shares of the Trust entitled to vote at such meeting (together with such proof thereof as would meet the requirements for proposals that are to be included in the Trust’s proxy statements pursuant to Rule 14a-8 under the Securities Exchange Act of 1934, as amended, or any successor to such Rule) and intends to appear in person or by proxy at the meeting to introduce the proposal or proposals, specified in the notice; and (div) the class and number of Shares shares of stock held of record, owned beneficially and represented by proxy by such that shareholder or any Shareholder Associated Person as of the record date for the meeting (if such date shall then have been made publicly available) and as of the date of such the notice. The Chairman ; (v) whether and the extent to which any derivative instrument, hedging or other transaction or transactions has been entered into by or on behalf of, or any other agreement or understanding has been made to increase or decrease economic interest in the corporation’s stock or manage the risk or benefit of share price changes for, or to increase or decrease the Meeting may refuse to acknowledge the introduction of voting power of, that shareholder or any Shareholder Associated Persons with respect to the corporation’s stock; (vi) a description of all contracts, arrangements, understandings or relationships between that shareholder and any Shareholder Associated Persons or between that shareholder or any Shareholder Associated Persons and any other person or persons that relate to the proposal not made of that business by that shareholder; and (vii) all other information which would be required to be included in compliance with the foregoing procedurea proxy statement.

Shareholder Proposals. Any For any Shareholder who is entitled proposal to vote be presented in connection with an annual meeting of Shareholders of the Company, as permitted by this Agreement or required by applicable law, including any proposal relating to the nomination of a person to be elected to the Board of Directors of the Company, the Shareholders must have given timely notice thereof in writing to the Secretary of the Company. To be timely, a Shareholder's notice shall be delivered to the Secretary at the principal business offices of the Company not less than 60 days nor more than 90 days prior to the first anniversary of the preceding year's annual meeting; provided, however, that in the event that the date of the annual meeting is advanced by more than 30 days or delayed by more than 60 days from such anniversary date, notice by the Shareholder to be timely must be so delivered not earlier than the 90th day prior to such annual meeting and not later than the close of business on the later of the 60th day prior to such annual meeting or the tenth day following the day on which public announcement of the date of such meeting is first made. Such Shareholder's notice shall set forth (a) as to each person whom the Shareholder proposes to nominate for election or reelection as a Director, all information relating to such person that is required to be disclosed in solicitations of proxies for election of trustees and who meets the requirements of the proxy rules Directors, or is otherwise required, in each case pursuant to Regulation 14A under the Securities Exchange Act of 1934, as amended, may submit amended (including such person's written consent to being named in the Board of Trustees proposals proxy statement as a nominee and to be considered for submission to the Shareholders of the Trust for their vote. The introduction of any Shareholder proposal that the Board of Trustees decides should be voted on by the Shareholders of the Trust, shall be made by notice in writing delivered or mailed by first class United States mail, postage prepaid, to the Secretary of the Trust, and received by the Secretary no later than the close of business on the seventh day following the date on which notice of serving as a meeting is first given to Shareholders. Each such notice shall set forth: (a) the proposal to be introducedDirector if elected); (b) as to any other business that the Shareholder proposes to bring before the meeting, a brief description of the business desired to be brought before the meeting, the reasons for conducting such business at the meeting and any material interest in such business of such Shareholder and of the beneficial owner, if any, on whose behalf the proposal is made; and (c) as to the Shareholder giving the notice and the beneficial owner, if any, on whose behalf the nomination or proposal is made, (i) the name and address of such Shareholder, as they may appear on the Shareholder who intends to make the proposal; (c) a representation that the Shareholder is a holder Company's books, and of record or such beneficial owner of Shares of the Trust entitled to vote at such meeting (together with such proof thereof as would meet the requirements for proposals that are to be included in the Trust’s proxy statements pursuant to Rule 14a-8 under the Securities Exchange Act of 1934, as amended, or any successor to such Rule) and intends to appear in person or by proxy at the meeting to introduce the proposal or proposals, specified in the notice; and (dii) the class and number of Shares held of record, the Company which are owned beneficially and represented by proxy of record by such Shareholder as of the record date for the meeting (if and such date shall then have been made publicly available) and as of the date of such notice. The Chairman of the Meeting may refuse to acknowledge the introduction of any Shareholder proposal not made in compliance with the foregoing procedurebeneficial owner.