Common use of Apportionment of Assets etc. in Case of Multi-Class Series Clause in Contracts

Apportionment of Assets etc. in Case of Multi-Class Series. In the case of any Multi-Class Series, to the extent necessary or appropriate to give effect to the relative rights and preferences of any classes of Shares of such Series, (i) any assets, income, earnings, profits, proceeds, liabilities, expenses, charges, costs and reserves belonging or attributable to that Series may be allocated or attributed to a particular class of Shares of that Series or apportioned among two or more classes of Shares of that Series; and (ii) Shares of any class of such Series may have priority or preference over shares of other classes of such Series with respect to dividends or distributions upon termination of the Trust or of such Series or class or otherwise, provided that no Share shall have any priority or preference over any other Shares of the same class and that all dividends and distributions to Shareholders of a particular class shall be made ratably among all Shareholders of such class according to the number of Shares of such class held of record by such Shareholders on the record date for any dividend or distribution or on the date of termination, as the case may be.

Appears in 9 contracts

Samples: Agreement and Declaration of Trust (Baillie Gifford Funds), Agreement and Declaration of Trust (Baillie Gifford Funds), Agreement and Declaration of Trust (Baillie Gifford Funds)

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Apportionment of Assets etc. in Case of Multi-Class Series. In the case of any Multi-Class Series, to the extent necessary or appropriate to give effect to the relative rights and preferences of any classes of Shares of such Series, (i) any assets, income, earnings, profits, proceeds, liabilities, expenses, charges, costs and reserves belonging or attributable to that Series may be allocated or attributed to a particular class of Shares of that Series or apportioned among two or more classes of Shares of that Series; and (ii) Shares of any class of such Series may have priority or preference over shares Shares of other classes of such Series with respect to dividends or distributions upon termination of the Trust or of such Series or class or otherwise, provided that no Share shall have any priority or preference over any other Shares of the same class and that all dividends and distributions to Shareholders of a particular class shall be made ratably among all Shareholders of such class according to the number of Shares of such class held of record by such Shareholders on the record date for any dividend or distribution or on the date of termination, as the case may be.

Appears in 6 contracts

Samples: Agreement and Declaration of Trust (Natixis ETF Trust II), Agreement and Declaration of Trust (Loomis Sayles Alternative Asset Based Solutions Income Fund), Trust Agreement (Natixis ETF Trust)

Apportionment of Assets etc. in Case of Multi-Class Series. In the case of any series having multiple classes (a “Multi-Class Series”), to the extent necessary or appropriate to give effect to the relative rights and preferences of any classes of Shares of such Seriesseries, (i) any assets, income, earnings, profits, proceeds, liabilities, expenses, charges, costs and reserves belonging or attributable to that Series series may be allocated or attributed to a particular class of Shares of that Series series or apportioned among two or more classes of Shares of that Seriesseries; and (ii) Shares of any class of such Series series may have priority or preference over shares of other classes of such Series series with respect to dividends or distributions upon termination of the Trust or of such Series series or class or otherwise, provided that no Share shall have any priority or preference over any other Shares of the same class and that all dividends and distributions to Shareholders of a particular class shall be made ratably among all Shareholders of such class according to the number of Shares of such class held of record by such Shareholders on the record date for any dividend or distribution or on the date of termination, as the case may be.

Appears in 5 contracts

Samples: Agreement and Declaration of Trust (Datum One Series Trust), Trust Agreement (Datum One Series Trust), Trust Agreement (Highland Global Allocation Fund Ii)

Apportionment of Assets etc. in Case of Multi-Class Series. In the case of any Multi-series having multiple classes (a “Multi- Class Series”), to the extent necessary or appropriate to give effect to the relative rights and preferences of any classes of Shares of such Seriesseries, (i) any assets, income, earnings, profits, proceeds, liabilities, expenses, charges, costs and reserves belonging or attributable to that Series series may be allocated or attributed to a particular class of Shares of that Series series or apportioned among two or more classes of Shares of that Seriesseries; and (ii) Shares of any class of such Series series may have priority or preference over shares of other classes of such Series series with respect to dividends or distributions upon termination of the Trust or of such Series series or class or otherwise, provided that no Share shall have any priority or preference over any other Shares of the same class and that all dividends and distributions to Shareholders of a particular class shall be made ratably among all Shareholders of such class according to the number of Shares of such class held of record by such Shareholders on the record date for any dividend or distribution or on the date of termination, as the case may be.

Appears in 3 contracts

Samples: Agreement and Declaration of Trust (Highland Global Allocation Fund), Agreement and Declaration of Trust (Highland Global Allocation Fund), Agreement and Declaration of Trust (Highland Global Allocation Fund Ii)

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Apportionment of Assets etc. in Case of Multi-Class Series. In the case of any Multi-Class Series, to the extent necessary or appropriate to give effect to the relative rights and preferences of any classes of Shares of such Series, : (i) any assets, income, earnings, profits, proceeds, liabilities, expenses, charges, costs and reserves belonging or attributable to that Series may be allocated or attributed to a particular class of Shares of that Series or apportioned among two or more classes of Shares of that Series; and (ii) Shares of any class of such Series may have priority or preference over shares of other classes of such Series with respect to dividends or distributions upon termination of the Trust or of such Series or class or otherwise, provided that no Share shall have any priority or preference over any other Shares of the same class and that all dividends and distributions to Shareholders of a particular class shall be made ratably among all Shareholders of such class according to the number of Shares of such class held of record by such Shareholders on the record date for any dividend or distribution or on the date of termination, as the case may be.

Appears in 1 contract

Samples: Agreement and Declaration of Trust (Thornburg ETF Trust)

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