Common use of Amendments to Declaration and Certificate of Trust Clause in Contracts

Amendments to Declaration and Certificate of Trust. (a) The Trustees may by vote of a majority of the Trustees then in office amend or otherwise supplement the Declaration by making an amendment, a Declaration supplemental hereto or an amended and restated Declaration, provided, however, that an amendment to any provision of Articles V, IX or X, or Sections 6 or 11.1 hereof shall require the vote of three-quarters (3/4) of the Trustees then in office. Notwithstanding the foregoing, the Trustees may not amend this Declaration to alter the number of votes of the Trustees required for the Trustees to take action under any provision of this Declaration unless at least an equivalent number of votes of the Trustees has authorized such amendment. (b) Nothing contained in this Declaration shall permit the amendment of this Declaration to impair any exemption from or limitation of personal liability of any Person who is or has been a Shareholder, Trustee, officer or employee of the Trust, or limit the rights to indemnification, advancement of expenses or insurance provided in Article IX with respect to actions or omissions of persons entitled to indemnification, advancement of expenses or insurance under such Article prior to such amendment. (c) The Trustees may not amend this Declaration to alter the percentage of voting Shares required to approve any action which requires a specific Shareholder vote under this Declaration unless at least an equivalent percentage of Shareholder votes has authorized such amendment. (d) The Trust’s Certificate of Trust may be amended at any time for any purpose as the Trustees may determine and such amendment shall be signed by one or more of the Trustees or by an officer of the Trust as duly authorized by vote of a majority of the Trustees then in office.

Amendments to Declaration and Certificate of Trust. (a) The Trustees may by vote of a majority of the Trustees then in office amend or otherwise supplement the Declaration by making an amendment, a Declaration supplemental hereto or an amended and restated Declaration, provided, however, that an amendment to any provision of Articles V, IX or X, or Sections 6 or 11.1 hereof shall require the vote of three-quarters (3/4) of the Trustees then in office. Notwithstanding the foregoing, the Trustees may not amend this Declaration to alter the number of votes of the Trustees required for the Trustees to take action under any provision of this Declaration unless at least an equivalent number of votes of the Trustees has authorized such amendment. (b) Nothing contained in this Declaration shall permit the amendment of this Declaration to impair any exemption from or limitation of personal liability of any Person who is or has been a Shareholder, Trustee, officer or employee of the Trust, or limit the rights to indemnification, advancement of expenses or insurance provided in Article IX with respect to actions or omissions of persons entitled to indemnification, advancement of expenses or insurance under such Article prior to such amendment. (c) The Trustees may not amend this Declaration to alter the percentage of voting Shares required to approve any action which requires a specific Shareholder vote under this Declaration unless at least an equivalent percentage of Shareholder votes has authorized such amendment. (d) The Trust’s 's Certificate of Trust may be amended at any time for any purpose as the Trustees may determine and such amendment shall be signed by one or more of the Trustees or by an officer of the Trust as duly authorized by vote of a majority of the Trustees then in office.

Amendments to Declaration and Certificate of Trust. (a) The Trustees may by vote of a majority of the Trustees then in office amend or otherwise supplement the Declaration by making an amendment, a Declaration supplemental hereto or an amended and restated Declaration, provided, however, that an amendment to any provision of Articles V, IX or X, or Sections 6 or 11.1 Article V hereof shall require the vote of three-quarters (3/4) of the Trustees then in office. Notwithstanding the foregoing, the Trustees may not amend this Declaration to alter the number of votes of the Trustees required for the Trustees to take action under any provision of this Declaration unless at least an equivalent number of votes of the Trustees has authorized such amendment. (b) Nothing contained in this Declaration shall permit Notwithstanding anything else herein, any amendment to Section 6.6 which reduces the right of Trustees to receive reasonable compensation or to Article IX which would have the effect of reducing the indemnification or limitation of liability provided thereby to Trustees, officers, employees, and agents of the Trust or to Shareholders or former Shareholders, and any repeal or amendment of this Declaration sentence shall each require the affirmative vote of the holders of three-quarters (3/4) of the Outstanding Shares of the Trust entitled to impair any exemption from or limitation of personal liability vote thereon and no such amendment shall affect the right to indemnification of any Person person who is or has been no longer a Shareholder, Trustee, officer or employee or agent at the time of the Trust, or limit the rights to indemnification, advancement of expenses or insurance provided in Article IX with respect to actions or omissions of persons entitled to indemnification, advancement of expenses or insurance under such Article prior to such amendment. (c) The Trustees may not amend this Declaration to eliminate the rights of Shareholders of any Class as set forth in this Section 11.1(c) to vote on any amendment of this Declaration or the Bylaws or alter or amend the percentage of voting Shares required to approve any amendment or action which requires a specific Shareholder vote under this Declaration or the Bylaws unless at least an equivalent vote has authorized such an amendment of the Declaration or Bylaws. Any amendment (other than an amendment establishing the rights of another Class of Shares, even if the rights of such Class adversely affect the rights of any existing Class) which adversely affects the holders of one or more Classes of Shares shall require a vote of the Shareholders holding a majority of the Outstanding Shares of each Class so adversely affected and entitled to vote thereon and no vote of Shareholders of any Class not so adversely affected shall be required, except that any amendment of any provision of Article X shall require the vote of the Shareholders holding three-quarters (3/4) of the Outstanding Shares of each Class entitled to vote thereon, regardless of the percentage of Shareholder votes has authorized Trustees recommending such amendment. (d) The Trust’s Certificate of Trust may be amended at any time for any purpose as the Trustees may determine and such amendment shall be signed by one or more of the Trustees or by an officer of the Trust as duly authorized by vote of a majority of the Trustees then in office.

Amendments to Declaration and Certificate of Trust. (a) The Trustees may by vote of a majority of the Trustees then in office amend or otherwise supplement the Declaration by making an amendment, a Declaration supplemental hereto or an amended and restated Declaration, provided, however, that an amendment to any provision of Articles V, IX or X, or Sections 6 or 11.1 Article V hereof shall require the vote of three-quarters (3/4) of the Trustees then in office. Notwithstanding the foregoing, the Trustees may not amend this Declaration to alter the number of votes of the Trustees required for the Trustees to take action under any provision of this Declaration unless at least an equivalent number of votes of the Trustees has authorized such amendment. (b) Nothing contained in this Declaration shall permit Notwithstanding anything else herein, any amendment to Section 6.6 which reduces the right of Trustees to receive reasonable compensation or to Article IX which would have the effect of reducing the indemnification or limitation of liability provided thereby to Trustees, officers, employees, and agents of the Trust or to Shareholders or former Shareholders, and any repeal or amendment of this Declaration sentence shall each require the affirmative vote of the holders of three-quarters (3/4) of the Outstanding Shares of the Trust entitled to impair any exemption from or limitation of personal liability vote thereon and no such amendment shall affect the right to indemnification of any Person person who is or has been no longer a Shareholder, Trustee, officer or employee or agent at the time of the Trust, or limit the rights to indemnification, advancement of expenses or insurance provided in Article IX with respect to actions or omissions of persons entitled to indemnification, advancement of expenses or insurance under such Article prior to such amendment. (c) The Trustees may not amend this Declaration to eliminate the rights of Shareholders of any Class as set forth in this Section 11.1(c) to vote on any amendment of this Declaration or the Bylaws or alter or amend the percentage of voting Shares required to approve any amendment or action which requires a specific Shareholder vote under this Declaration or the Bylaws unless at least an equivalent vote has authorized such an amendment of the Declaration or Bylaws. Any amendment (other than an amendment establishing the rights of another Class of Shares, even if the rights of such Class adversely affect the rights of any existing Class) which adversely affects the holders of one or more Classes of Shares shall require a vote of the Shareholders holding a majority of the Outstanding Shares of each Class so adversely affected and entitled to vote thereon and no vote of Shareholders of any Class not so adversely affected shall be required, except that any amendment of any provision of Article X shall require the vote of the Shareholders holding three-quarters (3/4) of the Outstanding Shares of each Class entitled to vote thereon, regardless of the percentage of Shareholder votes has authorized Trustees recommending such amendment. (d) The Trust’s 's Certificate of Trust may be amended at any time for any purpose as the Trustees may determine and such amendment shall be signed by one or more of the Trustees or by an officer of the Trust as duly authorized by vote of a majority of the Trustees then in office.

Amendments to Declaration and Certificate of Trust. (a) The Trustees may by vote of a majority of the Trustees then in office amend or otherwise supplement the Declaration by making an amendment, a Declaration supplemental hereto or an amended and restated Declaration, provided, however, that an amendment to any provision of Articles V, IX or X, or Sections 6 or 11.1 Article V hereof shall require the vote of three-quarters (3/4) of the Trustees then in office. Notwithstanding the foregoing, the Trustees may not amend this Declaration to alter the number of votes of the Trustees required for the Trustees to take action under any provision of this Declaration unless at least an equivalent number of votes of the Trustees has authorized such amendment. (b) Nothing contained in this Declaration shall permit Notwithstanding anything else herein, any amendment to Section 6.6 which reduces the right of Trustees to receive reasonable compensation or to Article IX which would have the effect of reducing the indemnification or limitation of liability provided thereby to Trustees, officers, employees, and agents of the Trust or to Shareholders or former Shareholders, and any repeal or amendment of this Declaration sentence shall each require the affirmative vote of the holders of three-quarters (3/4) of the Outstanding Shares of the Trust entitled to impair any exemption from or limitation of personal liability vote thereon and no such amendment shall affect the right to indemnification of any Person person who is or has been no longer a Shareholder, Trustee, officer or employee or agent at the time of the Trust, or limit the rights to indemnification, advancement of expenses or insurance provided in Article IX with respect to actions or omissions of persons entitled to indemnification, advancement of expenses or insurance under such Article prior to such amendment. (c) The Trustees may not amend this Declaration to eliminate the rights of Shareholders of any Class as set forth in this Section 11.1(c) to vote on any amendment of this Declaration or the Bylaws or alter or amend the percentage of voting Shares required to approve any amendment or action which requires a specific Shareholder vote under this Declaration or the Bylaws unless at least an equivalent percentage of Shareholder votes vote has authorized such an amendment of the Declaration or Bylaws. Notwithstanding any provision to the contrary in this Declaration of Trust, any material amendment (other than an amendment establishing the rights of another Class of Shares, even if the rights of such Class adversely affect the rights of any existing Class) shall require a vote of the Shareholders holding a majority of the Outstanding Shares of each Class affected by the amendment and entitled to vote thereon, except that any amendment of any provision of Article X shall require the vote of the Shareholders holding three-quarters (3/4) of the Outstanding Shares of each Class entitled to vote thereon, regardless of the percentage of Trustees recommending such amendment, and notwithstanding any other provision of this Declaration or the Bylaws, the Limited Term Provision can only be amended as provided in Section 10.1 hereof. (d) The Trust’s Certificate of Trust may be amended at any time for any purpose as the Trustees may determine and such amendment shall be signed by one or more of the Trustees or by an officer of the Trust as duly authorized by vote of a majority of the Trustees then in office.