EFTA01840267.pdf

Mar-Z2-2012 11:45 AM Academic Affairs 9728836764 1/2 Resenot Lou'-ixtbraee-7 prudent investments, with respect to any one or more of the Family Investments. The Trustees may, but are not required to, take into account the Family Investments when determining and implementing an asset allocation policy for the Trust, providing sufficient 3 information regarding partnership assets is provided to the Trustees. 4 However, if the Trustors (or Trustor if only one Truster is living and has legal capacity) direct in a writing delivered to the Trustees that 5 there shall be a sale or other disposition of any one or more of the Family Investments, the Trustees shall follow that written direction. 6 The Trustees shall not be liable to any beneficiary or other person for following such written direction. In the event of a liquidating 7 distribution from the Zaffaroni Family Partnership, the Trustees shall 8 agree upon those securities which constitute Family Investments, if any. As used herein, "Family Investments" shall mean limited 9 partnership interests in ZAFFARONI Family Partnership, investments in privately held of publicly-traded stock issued by companies in 10 which the Trustors played key roles as founders or otherwise. 1i including, but not limited to, Oxonica PLC Ordinary shares (private placement) and Xenoport, Inc., and securities issued by Digital 12 Arts/Galleay Systems, Alivita, Inc., and Tecimegen Managers, LW." 13 2. Approval of Waivers of Accounting and Consent to etition. For good 14 ca 's- appearing, the consents to the underlying petition and the waivers of accounting by 15 (0 VERA SPRINKEL, as court-appointed Conservator of the estate of income beneficiary 16 ELISA ZAFFARONI; (ii) ELISA ZAFFARONI, income beneficiary; (iii) LIDA 17 ZAFFARONI, as the court-appointed Guardian Ad Litem for ELISA ZAFFARONI's 18 unascertained issue; (iv) MRS. LIDA ZAFFARONI and DR. ALEJANDRO C. 19 ZAFFARONI, as Trusters; (v) ALEJANDRO PETER ZAFFARONI, an adult remainder 20 beneficiary, and (vi) CHARLES ALEJANDRO ZAFFARONI, an adult remainder • 21 beneficiary, for all periods prior to July 30, 2008 are hereby approved and ratified. 22 3. Release of Liability and Affirmation of Transactions. For good cause 23 appearing, the releases of liability and affirmations of transactions by (i) VERA 24 SPRINKEL, as court-appointed Conservator of the estate of ELISA ZAFFARONI; 25 ELISA ZAFFARONI, income beneficiary; (iii) LIDA ZAFFARONI as the court-appointed 26 Guardian Ad Litem for ELISA ZAFFARONPs unascertained issue; (iv) MRS. LIDA 27 ZAFFARONI and DR. ALEJANDRO C. ZAFFARONI, as Trusters; (v) ALEJANDRO 28 PETER ZAFFARONI, an adult remainder beneficiary, and (vi) CHARLES ALEJANDRO 70I161238O - 12 - ORDER APPROVING MODIFICATION OF TRUST EFTA_R1 _00224829 EFTA01840267 nar - CL - ClilL 11:46 AM Academic Affairs 9728836764 2/2 • (c . I I ZAFFARONI, an adult remainder beneficiary, to release Petitioners and discharge them 2 from liability pursuant to California Probate Code §16464 are hereby approved and ratified. 3 IT IS SO ORDERED. 4 5 DATED: if* , 2008 Judge of the Superirjr Court • • 6 7 8 Submitted by. 9 10 mAt T. SCHOKNECHT 11 Attorneys for Petitioners 12 MATILDA NIERI and ANA LEECH 13 Approv as to form: 14 in, Esq., Attorney for bed B Esq., Attorney for ELISA ZAFFARON I JANDRO PETER ZAFFARONI and CHARLES 15 16 17 0,,;4 irestA David Packard, Esq., Attorney for James Mitchell, Esq., Attorney for VERA SPRINKEL, Conservator of the DR. ANDRO C. ZAFFARONI, 18 Estate of ELISA ZAFFARONI LID FARONI, and LIDA ZAFFARON1 in her acity as Guardian Ad Litem 19 20 21 22 23 24 25 26 27 28 7011612.3sys • - 13 - ORDER APPROVING MODIFICATION OF TRUST EFTA R1 00224830 EFTA01840268