Common use of Amendments by Shareholders and Trustees Clause in Contracts

Amendments by Shareholders and Trustees. (a) Except as otherwise provided in Section 1 and in paragraph (b) of this Section 2, the affirmative vote of a majority of Trustees then in office and at least seventy-five percent (75%) of the Shares outstanding and entitled to vote (by class or series or in combination as may be established in the Bylaws or by the Trustees) shall be required to amend, alter, change or repeal any provision of this Declaration. (b) Notwithstanding anything to the contrary in paragraph (a) of this Section 2, if an amendment to this Declaration is approved by seventy-five percent (75%) of the Trustees then in office, no Shareholder approval will be required for that amendment to be effective, except to the extent a Shareholder approval is required by applicable law; and, if applicable law requires a Shareholder approval, the vote required shall be the lesser of a majority of voting Shareholders or the least amount legally required.

Appears in 12 contracts

Samples: Agreement and Declaration of Trust (Overstreet Adrian Marcel), Agreement and Declaration of Trust (RMR Healthcare & Real Estate Fund), Agreement and Declaration of Trust (RMR Hospitality & Real Estate Fund)

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Amendments by Shareholders and Trustees. (a) Except as otherwise provided in Section 1 Sections 11.1 and in paragraph (b) of this Section 211.2(b), the affirmative vote of a majority of Trustees then in office and at least seventy-five percent (75%) % of the Shares outstanding and entitled to vote (by class or series or in combination as may be established in the Bylaws or by the Board of Trustees) shall be required to amend, alter, change or repeal any provision of this Declaration. (b) Notwithstanding anything to the contrary in paragraph (a) of this Section 211.2(a), if an amendment to this Declaration is approved by seventy-five percent (75%) % of the Trustees then in office, no Shareholder approval will be required for that amendment to be effective, except to the extent a Shareholder approval is required by applicable law; and, if applicable law requires a Shareholder approval, the vote required shall be the lesser of a majority of voting Shareholders Shares voted or the least amount legally required.

Appears in 5 contracts

Samples: Agreement and Declaration of Trust (Seven Hills Realty Trust), Agreement and Declaration of Trust (Seven Hills Realty Trust), Agreement and Declaration of Trust (RMR Mortgage Trust)

Amendments by Shareholders and Trustees. (a) Except as otherwise provided in Section 1 and in paragraph (b) of this Section 2, the affirmative vote of a majority of Trustees then in office and at least seventy-five percent (75%) of the Shares outstanding and entitled to vote (by class or series or in combination as may be established in the Bylaws or by the Trustees) shall be required to amend, alter, change or repeal any provision of this Declaration. (b) Notwithstanding anything to the contrary in paragraph (a) of this Section 2, if an amendment to this Declaration is approved by seventy-five percent (75%) of the Trustees then in office, no Shareholder approval will be required for that amendment to be effective, except to the extent a Shareholder approval is required by applicable law; and, if applicable law requires a Shareholder approval, the vote required shall be the lesser of a majority of voting Shareholders Shares voted or the least amount legally required.

Appears in 4 contracts

Samples: Agreement and Declaration of Trust (RMR Asia Real Estate Fund), Trust Agreement (RMR Dividend Capture Fund), Agreement and Declaration of Trust (RMR Asia Pacific Real Estate Fund)

Amendments by Shareholders and Trustees. (a) Except as otherwise provided in Section 1 Sections 11.1 and in paragraph (b) of this Section 211.2(b), the affirmative vote of a majority of Trustees then in office and at least seventy-five percent (75%) % of the Shares outstanding and entitled to vote (by class or series or in combination as may be established in the Bylaws or by the Board of Trustees) shall be required to amend, alter, change or repeal any provision of this Declaration. (b) Notwithstanding anything to the contrary in paragraph (a) of this Section 29.2(a), if an amendment to this Declaration is approved by seventy-five percent (75%) % of the Trustees then in office, no Shareholder approval will be required for that amendment to be effective, except to the extent a Shareholder approval is required by applicable law; and, if applicable law requires a Shareholder approval, the vote required shall be the lesser of a majority of voting Shareholders Shares voted or the least amount legally required.

Appears in 1 contract

Samples: Agreement and Declaration of Trust (RMR Real Estate Income Fund)

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Amendments by Shareholders and Trustees. (a) Except as otherwise provided in Section 1 and in paragraph (b) of this Section 2, the affirmative vote of a majority of Trustees then in office and at least seventy-five percent (75%) % of the Shares outstanding and entitled to vote (by class or series or in combination as may be established in the Bylaws or by the Trustees) shall be required to amend, alter, change or repeal any provision of this Declaration. (b) Notwithstanding anything to the contrary in paragraph (a) of this Section 2, if an amendment to this Declaration is approved by seventy-five percent (75%) % of the Trustees then in office, no Shareholder approval will be required for that amendment to be effective, except to the extent a Shareholder approval is required by applicable law; and, if applicable law requires a Shareholder approval, the vote required shall be the lesser of a majority of voting Shareholders Shares voted or the least amount legally required.

Appears in 1 contract

Samples: Agreement and Declaration of Trust (RMR Real Estate Income Fund)

Amendments by Shareholders and Trustees. (a) Except as otherwise provided in Section 1 Sections 9.1 and in paragraph (b) of this Section 29.2(b), the affirmative vote of a majority of Trustees then in office and at least seventy-five percent (75%) % of the Shares outstanding and entitled to vote (by class or series or in combination as may be established in the Bylaws or by the Board of Trustees) shall be required to amend, alter, change or repeal any provision of this Declaration. (b) Notwithstanding anything to the contrary in paragraph (a) of this Section 29.2(a), if an amendment to this Declaration is approved by seventy-five percent (75%) % of the Trustees then in office, no Shareholder approval will be required for that amendment to be effective, except to the extent a Shareholder approval is required by applicable law; and, if applicable law requires a Shareholder approval, the vote required shall be the lesser of a majority of voting Shareholders Shares voted or the least amount legally required.

Appears in 1 contract

Samples: Agreement and Declaration of Trust (RMR Asia Pacific Real Estate Fund)

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