Common use of Apportionment of Assets etc 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 18 contracts

Samples: Agreement and Declaration of Trust (Allianz Global Investors Managed Accounts Trust), Agreement and Declaration of Trust (Steinroe Variable Investment Trust), Agreement and Declaration of Trust (Alliancebernstein Corporate Shares)

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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 10 contracts

Samples: Trust Agreement (IVA Fiduciary Trust), Agreement and Declaration of Trust (IVA Fiduciary Trust), Second Amended and Restated Agreement and Declaration of Trust (IXIS Advisor Funds Trust IV)

Apportionment of Assets etc. in Case of MultiIN CASE OF MULTI-Class SeriesCLASS 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 6 contracts

Samples: Agreement and Declaration of Trust (JNL Investors Series Trust), Agreement and Declaration of Trust (Baillie Gifford Funds), Trust Agreement (Pimco Fixed Income Shares)

Apportionment of Assets etc. in Case of MultiIN CASE OF MULTI-Class SeriesCLASS 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 2 contracts

Samples: Agreement and Declaration of Trust (IXIS Advisor Funds Trust IV), Agreement and Declaration of Trust (IXIS Advisor Cash Management Trust)

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 (ii2) Shares of any class of such Series may have priority or preference over shares of other classes of or 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 shareholders or a particular class shall be made ratably among all Shareholders of such class according to the number of Shares of and 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 (New England Cash Management Trust)

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 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 Class of Shares of that Series or apportioned among two or more classes Classes of Shares of that Series; and (ii) Shares of any class Class of such Series may have priority or preference over shares of other classes Classes of such Series with respect to dividends or distributions upon termination of the Trust or of such Series or class Class or otherwise, provided that no Share shall have any priority or preference over any other Shares of the same class Class and that all dividends and distributions to Shareholders of a particular class Class shall be made ratably among all Shareholders of such class Class according to the number of Shares of such class 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 (Nvest Companies Trust I)

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

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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 and 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 (Nvest Funds Trust Iii)

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 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 Class of Shares of that Series or apportioned among two or more classes Classes of Shares of that Series; and (ii) Shares of any class Class of such Series may have priority or preference over shares Shares of other classes Classes of such Series with respect to dividends or distributions upon termination of the Trust or termination of such Series or class Class or otherwise, provided that no Share shall have any priority or preference over any other Shares of the same class Class and that all dividends and distributions to Shareholders of a particular class Class shall be made ratably among all Shareholders of such class Class according to the number of Shares of such class 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 (Providian Series Trust)

Apportionment of Assets etc. in Case of MultiIN CASE OF MULTI-Class SeriesCLASS 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 shareholders or a particular class shall be made ratably among all Shareholders of such class according to the number of Shares of and 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 (CDC Nvest Funds Trust Ii)

Apportionment of Assets etc. in Case of Multi-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 Classes of Shares of such Series, (i) any assets, income, earnings, profits, proceeds, liabilities, expenses, chargesc h arges, costs and reserves belonging or attributable to that Series may be allocated or attributed to a particular class Class of Shares of that Series or apportioned among two or more classes Classes of Shares of that Series; and (ii) Shares of any class Class of such Series may have priority or preference over shares Shares of other classes C l a sses of such Series with respect to dividends or distributions upon termination of the Trust or termination of such Series or class Class or otherwise, provided that no Share shall have any priority or preference over any other Shares of the same class Class and that all dividends and distributions to Shareholders of a particular class Class shall be made ratably among all Shareholders of such class Class according to the number of Shares of such class 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: Trust Agreement (Conseco Fund Group)

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