AS SET FORTH IN THE TRUST INSTRUMENT AND FOLLOWED BY THE TRUSTEE, THE TRUST SHALL DISTRIBUTE 5% OF THE NET FAIR MARKET VALUE OF THE TRUST IN EACH CALENDAR YEAR AS DETERMINED ON THE LAST BUSINESS DAY IN THE PRECEDING CALENDAR YEAR TO THE MCKENNA FOUNDATION, AS LONG AS THE FOUNDATION REMAINS AN ORGANIZATION DESCRIBED UNDER CODE SECTION 501(C)(3).