1988.02.16 RESO 1988-0012 - Laserfiche WebLink

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'A + 12.1 R09rdling. This Declaration of Trust and any amendment hereto shall be filed, recorded or lodged as a document of public record in such place or places and with such official or Officials as may be required by Law or as the Trustees may deem desirable. Each amendment so filed, recorded or lodged shall be accompanied by a certificate signed and acknowledged by a Trustee stating that such action was duly taken in the manner provided for herein; and unless such amendment or such certificate at, forth some earlier or later time for the effectiveness of such amendment, such amendment shall be effective upon its filing. An amended Declaration of Trust, containing or restating the original Declaration and all amendments theretofore made, may be executed any time or from time to time by a majority of the Trustees and shall, upon filing, recording or lodging in the manner contemplated hereby, be conclusive evidence of all amendments contained therein and may thereafter be referred to in lieu of the original Declaration of Trust and the various amendments thereto. Notwithstandingthe foregoing provisions of this Section 12.1, no filing or recordation pursuant to the terms of this Section 12.1 shall be a condition precedent to the effectiveness of this Declaration of Trust or any amendment hereto. ARTICLE X111 Amendment or Termination of 4M Fund; _ration of Fun 13.1 Amendment or Tem st� on. (a) The provisions of this Declaration of Trust may be amended or altered (except as to the limitations on personal liability of the participants and Trustees and the prohibition of assessments upon participants), or the 4M Fund may be terminated, at any meeting of the Particspants or pursuant to any vote of the Participants caUed for that purpose, by the affirmative vote of a majority of the Participants entitled to vote, or if permitted applicable Law, by an instrument or instruments in waiting, without a meeting, signed by a majority of the Trustees and a majority of the Participants; RMvided howeyqr, that the Trustees may, from time to time by a two-thirds vote of the Trustees, and after fifteen (15) days• prior written notice to the Participants, amend or alter the provisions of this Declaration of Trust, without the vote or assent of the Participants, amend or alter the provisions of this Declaration of Trust, without the vote or assent of the Participants, to the extent deemed bythe Trustees in goodfaith to be necessary to conform this Declaration to the requirements of applicable Lawns or regulations or any interpretation thereof by a court or other governmental agency or competent jurisdiction, but the Trustees shall not be liable for failing to do so. Notwithstanding the foregoing, (1) so amendment may be made Pursuant to this Section 13.1 which would change any rights with respect to say allocated Shares of the 4M Fund by reducing the amount payable thereon upon liquidation of the 4M Fund or which would diminish or eliminate any voting rights of the participants, except with the vote or written consent of two-thirds of the Participants entitled to vote thereon; and (ii) no amendment may be made which would cause any of the investment restrictions contained in Section 4.2 hereof to be less restrictive without the affirmative vote of a majority of the participants entitled to vote thereon. (b) Upon the termination of the 4M Fund pursuant to this Section 13.1: up its affairs; (i) The 4M Fund shall carry on no business except for the purpose of winding (ii) The Trustees shall proceed to wind up the affairs of the 4M Fund and all of the powers of the Trustees under this Declaration of Trust shall continue until the affairs of the 4M Fund shall have been wound up, including, without limitation, the power to fulfill or �I+j