Special Situations

1. Spendthrift Provisions. No beneficiary (including the Grantor) may alienate or in any other manner transfer, assign, pledge or mortgage, whether voluntarily or involuntarily, such beneficiary’s interest in any trust hereunder, and no one may attach or otherwise reach any interest of any beneficiary hereunder to satisfy a claim against that beneficiary, whether the claim is legal or equitable in origin. This Section __ shall not limit or otherwise affect any power of appointment conferred upon a beneficiary or the right of a beneficiary to disclaim or release any interest created hereunder. This Section __  constitutes a restriction on the transfer of the Grantor’s beneficial interest in the trust fund that is enforceable under applicable non-bankruptcy laws within the meaning of § 541(c)(2) of the Bankruptcy Code (11 U.S.C. § 541(c)(2)) or any similar or successor statute.   
2. No Duty To Defend Against Creditors.  If any creditor of the Grantor or of a beneficiary hereunder asserts a claim that such creditor is entitled, through the exercise of judicial process or otherwise, to reach the assets of the Trust in satisfaction of its claim, the Trustee shall have no obligation to defend the Trust or its assets against any such claim or to initiate or intervene in any litigation, action in equity, administrative proceeding, arbitration proceeding or mediation proceeding (a "Proceeding") for the purpose of resisting any such claim, notwithstanding any duty otherwise existing hereunder or at law or in equity or any direction to so defend the Trust or its assets, unless the Trustee is reasonably satisfied, determined in its sole and absolute discretion, that it will be fully indemnified from the assets of the Trust for all of its liabilities and expenses (including professional fees and expenses of counsel, accountants and expert witnesses) arising from or attributable to the Trustee's participation in such Proceeding.  If the Trustee reasonably determines that the readily marketable assets of the Trust are, or have or will become, insufficient for such purposes, the Trustee may request that the Grantor or beneficiary, as applicable, provide the Trustee with comparable indemnity, supported with such security as may be satisfactory to the Trustee in its sole discretion.  In the absence of such additional indemnity or security, the Trustee may refuse to participate in any such Proceeding or may withdraw from an ongoing Proceeding, even if such refusal or withdrawal may result in the granting or awarding of relief against the Trust (including a distribution of some or all of the Trust assets in satisfaction of a claim).  Any determination made under this Section ___ shall not be subject to challenge.  The Trustee shall not be liable to the Grantor, any beneficiary or any other person for any determination made hereunder, including, without limitation, the Trustee's refusal to defend the Trust or its assets in, or the Trustee's withdrawal from, any such litigation, regardless of whether such actions may result in a complete distribution of the Trust in satisfaction of a claim.

1. Confidential Trust. Notwithstanding any other provision of this Trust Agreement and in accordance with 12 Del. C. § 3303(a)(1) and (c), no Trustee, Investment Advisor, Distribution Advisor or Trust Protector of any trust created hereunder (each, a “Fiduciary” and collectively, the "Fiduciaries"), shall furnish any account statement or other account information to any beneficiary of the Trust (other than a beneficiary serving as a Designated Representative (as defined below)), or provide any such beneficiary with notice of the existence of the Trust or any information regarding the Trust or its terms or assets (collectively, "Trust Information"), until such beneficiary attains the age of thirty-five (35); provided, however, that, notwithstanding the foregoing, no Fiduciary shall furnish any Trust Information to any contingent beneficiary of a trust created hereunder until such time such beneficiary becomes a current beneficiary.
   
   (Other alternatives for describing the relevant time period (underlined portion above)):
   
   a. until the earlier of (i) such beneficiary attaining the age of [thirty-five (35)] [_____(age younger than 35)] and (ii) the receipt of a written direction to do so by the Trust Protector
   OR
   a. until the earlier of (i) such beneficiary attaining the age of [thirty-five (35)] [_____(age younger than 35)] and (ii) such beneficiary becoming engaged to be married
   
   
2. Designated Representative. During such time or times as the Trustee is instructed not to, or by the terms of this Trust Agreement is not permitted to, provide Trust Information to a beneficiary or beneficiaries hereunder, the Trustee shall furnish any notice, statement, accounting or other instrument permitted or required to be provided to such beneficiary or beneficiaries under the terms of this Trust Agreement or applicable state law, to the Designated Representative (as defined below), who shall be considered a designated representative within the meaning of 12 Del. C. § 3339.  By delivery of such notice, statement, accounting or other instrument (a "Trust Information Document") to the Designated Representative, the Trustee will be deemed to have satisfied its duties hereunder or at law or in equity relating to the provision of such information and shall have no liability for the failure to provide such information to the beneficiary or beneficiaries directly or for the actions and/or omissions of the Designated Representative.  The Designated Representative shall have the authority to acknowledge receipt of any said Trust Information Document provided to such person (on behalf of the beneficiary or beneficiaries whom such person represents).  For purposes of this Trust Agreement, in accordance with 12 Del. C. § 3303, any beneficiary who is prohibited from receiving Trust Information, whether by virtue of the confidentiality provisions of this Subsection or otherwise, may for all purposes of this Trust Agreement (including, without limitation, any judicial proceeding (as defined in 12 Del. C. § 3303), any quasi-judicial proceeding, and any non-judicial matter (as defined in 12 Del. C. § 3303) such as entering into a non-judicial settlement agreement pursuant to 12 Del. C. § 3338, entering into a non-judicial trust modification agreement pursuant to 12 Del. C. § 3342, granting releases pursuant to 12 Del. C. § 3588, and reporting for purposes of measuring the limitations period in 12 Del. C. § 3585), be represented and bound by the Designated Representative, and all such actions taken by the Designated Representative shall be binding upon such beneficiary or beneficiaries.     
   1. Wherever the term "Designated Representative" appears in this Trust Agreement, it shall mean such of the following individuals and/or entities in the indicated order of priority who [is willing and able to act and] has delivered to the Trustee a written acceptance of the office of Designated Representative: (i) __________________; (ii) each current adult beneficiary to whom the Fiduciaries are then permitted to provide Trust Information; or (iii) if there is no such current adult beneficiary, each current adult beneficiary; or (iv) if there is no such current adult beneficiary, the custodial parents or legal guardians of each current minor beneficiary.  Any individual or entity named under or otherwise appointed pursuant to this Trust Agreement shall be considered a "designated representative" within the meaning of 12 Del. C. § 3339.
   2. By agreeing to serve or act hereunder, each Designated Representative shall be deemed to have consented to submit to the jurisdiction of each court in which jurisdiction and venue are proper to review the administration of the Trust and to be made parties to any proceedings in each such court that place in issue any act or omission of the Designated Representative.  Each Designated Representative shall act in a fiduciary capacity and in a manner that such person reasonably believes to be in the best interests of those whom such person represents.
   3. [Consider whether indemnification, exculpation or similar sample provisions should be included for those persons serving this capacity.]

If the Trustee of any trust created by or pursuant to this Trust Agreement has the power (whether acting in its discretion or at the direction or with the consent of another fiduciary hereunder) to invade the principal, income or both of such trust (the “First Trust”) to make distributions to or for the benefit of one or more persons, regardless of whether such power is subject to an ascertainable or non-ascertainable standard (or no standard), the Trustee may instead exercise such power (whether acting in its discretion or at the direction or with the consent of another fiduciary hereunder) by appointing all or part of such principal, income or both of such First Trust in favor of the Trustee of another trust, which trust may be a separate trust or the First Trust as modified after appointment under this Section (the "Second Trust"); provided, however, (i) that the beneficiary(ies) of the Second Trust may only be one or more of the beneficiaries of the First Trust, (ii) that the Trustee’s power to make distributions from the Second Trust shall be subject to the same standard, if any, as the standard to which the Trustee's power to make distributions in the First Trust is subject, and (iii) that the exercise of such power is consistent with the allowances, requirements and/or restrictions regarding the Second Trust set forth in 12 Del. C. § 3528, to the extent not otherwise provided to the contrary in this Trust Agreement.  The Trustee's power under this Section ___ to appoint the principal, income or both of the First Trust in favor of the trustee of a Second Trust shall include the power to create the Second Trust; provided, however, that if such power to appoint is subject to the direction or requires the consent of another fiduciary hereunder, the power to create the Second Trust shall also be so subject to such direction or consent.  The exercise of the power to invade the principal or income or both of a trust under this Section shall be by an instrument in writing, signed by the Trustee.