-35- whole or in part, could be made only upon the consent of a majority in interest of the unit holders. With respect to distributions, the trust agreements specified that “Net Cash Flow shall be distributed by the Trustee on or before the last day of each calendar quarter”. “Net Cash Flow” was defined as gross cash receipts, less amounts paid by or for the account of the trust, less “any amounts determined by the Trustee, in his discretion, to be necessary to provide a reasonable reserve for working-capital needs or to provide funds for any other contingencies of the Trust.” The distributions were to be made in accordance with the proportionate interests of the unit holders in the entity. The agreements prohibited the sale, transfer, assignment, pledge, encumbrance, mortgage, or other hypothecation of any unit holder’s interest, as well as withdrawal by a unit holder from the trust, without the consent of all unit holders. The stated term of the trusts was to extend until December 31, 2048, but the agreements provided that the term could be extended beyond that date with the written approval before December 31, 2048, of both the trustee and a majority in interest of the unit holders, or the trusts could be dissolved prior to that date upon the written consent of all unit holders. Upon dissolution and termination, the trusts were to be liquidated. Proceeds of the liquidation were to be disposed of first in payment to creditors of thePage: Previous 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Next
Last modified: May 25, 2011