Estate of Charles Porter Schutt, Deceased, Charles P. Schutt, Jr., and Henry I. Brown III, Co-Executors - Page 35

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          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 the                 






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Last modified: May 25, 2011