Participating Shareholder. Any Family Member or Charity which has signed or hereafter signs a counterpart of this Agreement, delivered a copy thereof to all other Participating Shareholders (or to the Depository (as defined in Section 7.1 hereof)) and is bound 3 by the terms hereof. No Participating Shareholder shall be deemed to forfeit such status upon divorce, remarriage or adoption. In the case of a trust (other than a voting trust,
... which is governed by Section 6 hereof) exclusively for the benefit of a Family Member or Members, the Trustee and all adult beneficiaries having a current trust interest (as well as all ascertainable Charitable beneficiaries having a current trust interest) shall sign this Agreement as Participating Shareholders if the trust is to be considered a Participating Shareholder. During his lifetime, the donor of a trust that is revocable by the donor alone shall be considered the only beneficiary thereof so long as such trust is so revocable. At such time, if any, as the trust shall have an adult beneficiary having a current trust interest or an ascertainable Charitable beneficiary having a current trust interest who or which shall fail or be unable to sign this Agreement for a period of 30 days following notification to such beneficiary of the terms of this Agreement by any Participating Shareholders or by the Depository, the trust shall thereupon cease to be a Participating Shareholder and Section 3 of this Agreement shall then apply as if the Class B Common Shares held by the trust were then to be transferred. In the case of a minor or incompetent beneficiary, the Trustee (or a Custodian under the applicable Uniform Gifts to Minors Act or the practical equivalent thereof in the case of Class B Common 4 Shares held under such Act or equivalent) and a parent (in the case of a minor) or legal guardian (in the case of a minor or an incompetent) of the beneficiary shall sign on his behalf if the trust (or custodial arrangement) is to be considered a Participating Shareholder. In the case of a minor or incompetent beneficiary, the Trustee or custodian shall in any event be obligated to secure the beneficiary's legally binding signature (or that of his legal guardian) to this Agreement prior to an actual distribution of Class B Common Shares, and if such signature is not so secured such beneficiary shall not be considered a Participating Shareholder and such distribution shall be subject to Section 3 of this Agreement.
View More
