THE PAYMENT OF ADDITIONAL AMOUNTS IF THE
INSTITUTIONAL TRUSTEE DOES NOT HAVE ACTUAL KNOWLEDGE OR WRITTEN NOTICE THAT SUCH
PAYMENT IS DUE AND PAYABLE);
(N)
ANY ACTION TAKEN BY THE INSTITUTIONAL TRUSTEE OR ITS AGENTS
HEREUNDER SHALL BIND THE TRUST AND THE HOLDERS OF THE SECURITIES, AND THE
SIGNATURE OF THE INSTITUTIONAL TRUSTEE OR ITS AGENTS ALONE SHALL BE SUFFICIENT
AND EFFECTIVE TO PERFORM ANY SUCH ACTION AND NO THIRD PARTY SHALL BE REQUIRED TO
INQUIRE AS TO THE AUTHORITY OF THE INSTITUTIONAL TRUSTEE TO SO ACT OR AS TO ITS
COMPLIANCE WITH ANY OF THE TERMS AND PROVISIONS OF THIS DECLARATION, BOTH OF
WHICH SHALL BE CONCLUSIVELY EVIDENCED BY THE INSTITUTIONAL TRUSTEE'S OR ITS
AGENT'S TAKING SUCH ACTION; AND
(O)
NO PROVISION OF THIS DECLARATION SHALL BE DEEMED TO IMPOSE ANY
DUTY OR OBLIGATION ON THE INSTITUTIONAL TRUSTEE TO PERFORM ANY ACT OR ACTS OR
EXERCISE ANY RIGHT, POWER, DUTY OR OBLIGATION CONFERRED OR IMPOSED ON IT, IN ANY
JURISDICTION IN WHICH IT SHALL BE ILLEGAL, OR IN WHICH THE INSTITUTIONAL TRUSTEE
SHALL BE UNQUALIFIED OR INCOMPETENT IN ACCORDANCE WITH APPLICABLE LAW, TO
PERFORM ANY SUCH ACT OR ACTS, OR TO EXERCISE ANY SUCH RIGHT, POWER, DUTY OR
OBLIGATION, AND NO PERMISSIVE POWER OR AUTHORITY AVAILABLE TO THE INSTITUTIONAL
TRUSTEE SHALL BE CONSTRUED TO BE A DUTY.
SECTION 2.11.
DELAWARE TRUSTEE.
NOTWITHSTANDING ANY OTHER PROVISION OF THIS
DECLARATION OTHER THAN SECTION 4.2, THE DELAWARE TRUSTEE SHALL NOT BE ENTITLED
TO EXERCISE ANY POWERS, AND THE DELAWARE TRUSTEE SHALL NOT HAVE ANY OF THE
DUTIES AND RESPONSIBILITIES OF ANY OF THE TRUSTEES OR THE ADMINISTRATORS
SPECIFIED IN THIS DECLARATION (EXCEPT AS MAY BE REQUIRED UNDER THE STATUTORY
TRUST ACT).
EXCEPT AS SET FORTH IN SECTION 4.2, THE DELAWARE TRUSTEE SHALL BE A
TRUSTEE FOR THE SOLE AND LIMITED PURPOSE OF FULFILLING THE REQUIREMENTS OF §
3807 OF THE STATUTORY TRUST ACT.
SECTION 2.12.
EXECUTION OF DOCUMENTS.
UNLESS OTHERWISE DETERMINED IN WRITING
BY THE INSTITUTIONAL TRUSTEE, AND EXCEPT AS OTHERWISE REQUIRED BY THE STATUTORY
TRUST ACT, THE INSTITUTIONAL TRUSTEE, OR ANY ONE OR MORE OF THE ADMINISTRATORS,
AS THE CASE MAY BE, IS AUTHORIZED TO EXECUTE AND DELIVER ON BEHALF OF THE TRUST
ANY DOCUMENTS, AGREEMENTS, INSTRUMENTS OR CERTIFICATES THAT THE TRUSTEES OR THE
ADMINISTRATORS, AS THE CASE MAY BE, HAVE THE POWER AND AUTHORITY TO EXECUTE
PURSUANT TO SECTION 2.6.
SECTION 2.13.
NOT RESPONSIBLE FOR RECITALS OR ISSUANCE OF SECURITIES.
THE
RECITALS CONTAINED IN THIS DECLARATION AND THE SECURITIES SHALL BE TAKEN AS THE
STATEMENTS OF THE SPONSOR, AND THE TRUSTEES DO NOT ASSUME ANY RESPONSIBILITY FOR
THEIR CORRECTNESS.
THE TRUSTEES MAKE NO REPRESENTATIONS AS TO THE VALUE OR
CONDITION OF THE TRUST PROPERTY OR ANY PART THEREOF.
THE TRUSTEES MAKE NO
REPRESENTATIONS AS TO THE VALIDITY OR SUFFICIENCY OF THIS DECLARATION, THE
DEBENTURES OR THE SECURITIES.
22
SECTION 2.14.
DURATION OF TRUST.
THE TRUST, UNLESS DISSOLVED PURSUANT TO THE
PROVISIONS OF ARTICLE VII HEREOF, SHALL HAVE EXISTENCE FOR FIVE (5) YEARS AFTER
THE MATURITY DATE.
SECTION 2.15.
MERGERS.