Assets Belonging to Series. Any portion of the Trust Property allocated to a particular Series, and all consideration received by the Trust for the issue or sale of Shares of such Series, together with all assets in which such consideration is invested or reinvested, all interest, dividends, income, earnings, profits and gains therefrom, and proceeds thereof, including any proceeds derived from the sale, exchange or liquidation of such assets, and any funds or payments derived from any reinvestment of such proceeds in whatever form the same may be, shall be held by the Trustees in trust for the benefit of the holders of Shares of that Series and shall irrevocably belong to that Series for all purposes, and shall be so recorded upon the books of account of the Trust, and the Shareholders of such Series shall not have, and shall be conclusively deemed to have waived, any claims to the assets of any Series of which they are not Shareholders. Such consideration, assets, interest, dividends, income, earnings, profits, gains and proceeds, together with any General Items allocated to that Series as provided in the following sentence, are herein referred to collectively as assets "belonging to" that Series. In the event that there are any assets, income, earnings, profits, and proceeds thereof, funds, or payments which are not readily identifiable as belonging to any particular Series (collectively, "General Items"), the Trustees shall allocate such General Items to and among any one or more of the Series established and designated from time to time in such manner and on such basis as they, in their sole discretion, deem fair and equitable; and any General Items so allocated to a particular Series shall belong to and be part of the assets belonging to that Series. Each such allocation by the Trustees shall be conclusive and binding upon the Shareholders of all Series for all purposes.
Appears in 65 contracts
Samples: Trust Agreement (Forefront Income Trust), Trust Agreement (Forefront Income Trust), Agreement and Declaration of Trust (Van Kampen Pennsylvania Tax Free Income Fund)
Assets Belonging to Series. Any portion of the Trust Property allocated to a particular Series, and all All consideration received by the Trust for the issue issuance or sale of Shares of such Seriesa particular Series or Class, together with all assets in which such consideration is invested or reinvested, all interest, dividends, income, earnings, profits and gains therefromprofits, and proceeds thereof, including any proceeds derived from the sale, exchange or liquidation of such assets, and any funds or payments derived from any reinvestment of such proceeds in whatever form the same may be, shall be held by the Trustees in trust for the benefit of the holders of Shares of that Series and shall irrevocably belong to that Series or Class for all purposes, subject only to the rights of creditors, and shall be so recorded upon the books of account of the Trust, and the Shareholders of such Series shall not have, and shall be conclusively deemed to have waived, any claims to the assets of any Series of which they are not Shareholders. Such consideration, assets, interest, dividends, income, earnings, profitsprofits and proceeds thereof, gains including any proceeds derived from the sale, exchange or liquidation of such assets, and any funds or payments derived from any reinvestment of such proceeds, in whatever form the same may be, together with any General Items allocated to that Series or Class as provided in the following sentence, are herein referred to collectively as "assets "belonging to" that SeriesSeries or Class. In the event that there are any assets, income, earnings, profits, and proceeds thereof, funds, or payments which are not readily identifiable as belonging to any particular Series or Class (collectively, collectively "General Items"), the Trustees shall allocate such General Items to and among any one or more of the Series or Classes established and designated from time to time in such manner and on such basis as they, in their sole discretion, deem fair and equitable; and any General Items so allocated to a particular Series or Class shall belong to and be part of the assets belonging to that SeriesSeries or Class. Each such allocation by the Trustees shall be conclusive and binding upon the Shareholders of all Series and Classes for all purposes. The Trustees shall have full discretion, to the extent not inconsistent with the 1940 Act, to determine which items shall be treated as income and which items as capital; and each such determination and allocation shall be conclusive and binding upon the Shareholders.
Appears in 57 contracts
Samples: Agreement and Declaration of Trust (Diamond Hill Funds), Trust Agreement (First Western Funds Trust), Trust Agreement (Variable Insurance Trust)
Assets Belonging to Series. Any portion of the Trust Property allocated to a particular Series, and all All consideration received by the Trust for the issue or sale of Shares of such a particular Series, together with all assets in which such consideration is invested or reinvested, all interest, dividends, income, earnings, profits and gains therefromprofits, and proceeds thereof, including any proceeds derived from the sale, exchange or liquidation of such assets, and any funds or payments derived from any reinvestment of such proceeds in whatever form the same may be, shall be held by the Trustees in trust for the benefit of the holders of Shares of that Series and shall irrevocably belong to that Series for all purposes, subject only to the rights of creditors, and shall be so recorded upon the books of account of the Trust, and the Shareholders of such Series shall not have, and shall be conclusively deemed to have waived, any claims to the assets of any Series of which they are not Shareholders. Such consideration, assets, interest, dividends, income, earnings, profitsprofits and proceeds thereof, gains including any proceeds derived from the sale, exchange or liquidation of such assets, and any funds or payments derived from any reinvestment of such proceeds, in whatever form the same may be, together with any General Items allocated to that Series as provided in the following sentence, are herein referred to collectively as "assets "belonging to" that Series. In the event that there are any assets, incomeincomes, earnings, profits, and proceeds thereof, funds, or payments which are not readily identifiable as belonging to any particular Series (collectively, collectively "General Items"), the Trustees shall allocate such General Items to and among any one or more of the Series established and designated from time to time in such manner and on such basis as they, in their sole discretion, deem fair and equitable; and any General Items so allocated to a particular Series shall belong to and be part of the assets belonging to that Series. Each such allocation by the Trustees shall be conclusive and binding upon the Shareholders of all Series for all purposes. The Trustees shall have full discretion, to the extent not inconsistent with the 1940 Act, to determine which items shall be treated as income and which items as capital; and each such determination and allocation shall be conclusive and binding upon the Shareholders.
Appears in 21 contracts
Samples: Trust Agreement (Broadway Trust), Agreement and Declaration of Trust (Dunhill Investment Trust), Agreement and Declaration of Trust (Hussman Investment Trust)
Assets Belonging to Series. Any portion Subject to the provisions of the Trust Property allocated to a particular Series, and all paragraph (c) of this Section 6: All consideration received by the Trust for the issue or sale of Shares of such a particular Series, together with all assets in which such consideration is invested or reinvested, all interest, dividends, income, earnings, profits and gains therefromproceeds thereof from whatever source derived, and proceeds thereofincluding, including without limitation, any proceeds derived from the sale, exchange or liquidation of such assets, and any funds or payments derived from any reinvestment of such proceeds in whatever form the same may be, shall be held by the Trustees in trust for the benefit of the holders of Shares of that Series and shall irrevocably belong to that Series for all purposes, subject only to the rights of creditors, and shall be so recorded upon the books of account of the Trust, and the Shareholders of such Series shall not have, and shall be conclusively deemed to have waived, any claims to the assets of any Series of which they are not Shareholders. Such consideration, assets, interest, dividends, income, earnings, profitsprofits and proceeds thereof, gains from whatever source derived, including, without limitation, any proceeds derived from the sale, exchange or liquidation of such assets, and any funds or payments derived from any reinvestment of such proceeds, together with any General Items allocated to that Series as provided in whatever form the following sentencesame may be, are herein referred to collectively as "assets "belonging to" that Series. In the event that there are any assets, income, earnings, profits, profits and proceeds thereof, funds, funds or payments which are not readily identifiable as belonging to any particular Series (collectively, collectively "General ItemsAssets"), the Trustees shall allocate such General Items to and Assets to, between or among any one or more of the Series established and designated from time to time in such manner and on such basis as they, in their sole discretion, deem fair and equitable; , and any General Items Asset so allocated to a particular Series shall belong to and be part of the assets belonging to that Series. Each such allocation by the Trustees shall be conclusive and binding upon the Shareholders of all Series for all purposes.
Appears in 13 contracts
Samples: Agreement and Declaration of Trust (Baillie Gifford Funds), Restated Agreement and Declaration of Trust (Stein Roe Investment Trust), Trust Agreement (Pimco Fixed Income Shares)
Assets Belonging to Series. Any portion Subject to the provisions of the Trust Property allocated to a particular Series, and all paragraph (c) of this Section 9: All consideration received by the Trust for the issue or sale of Shares of such Seriesa particular series, together with all assets in which such consideration is invested or reinvested, all interest, dividends, income, earnings, profits and gains therefromproceeds thereof from whatever source derived, and proceeds thereofincluding, including without limitation, any proceeds derived from the sale, exchange or liquidation of such assets, and any funds or payments derived from any reinvestment of such proceeds in whatever form the same may be, shall be held by the Trustees in trust for the benefit of the holders of Shares of that Series and shall irrevocably belong to that Series series for all purposes, subject only to the rights of creditors, and shall be so recorded upon the books of account of the Trust, and the Shareholders of such Series shall not have, and shall be conclusively deemed to have waived, any claims to the assets of any Series of which they are not Shareholders. Such consideration, assets, interest, dividends, income, earnings, profitsprofits and proceeds thereof, gains from whatever source derived, including, without limitation, any proceeds derived from the sale, exchange or liquidation of such assets, and any funds or payments derived from any reinvestment of such proceeds, together with any General Items allocated to that Series as provided in whatever form the following sentencesame may be, are herein referred to collectively as “assets "belonging to" ” that Seriesseries. In the event that there are any assets, income, earnings, profits, profits and proceeds thereof, funds, funds or payments which are not readily identifiable as belonging to any particular Series series (collectively, "collectively “General Items"Assets”), the Trustees shall allocate such General Items to and Assets to, between or among any one or more of the Series series established and designated from time to time in such manner and on such basis as they, in their sole discretion, deem fair and equitable; , and any General Items Asset so allocated to a particular Series series shall belong to and be part of the assets belonging to that Seriesseries. Each such allocation by the Trustees shall be conclusive and binding upon the Shareholders of all Series series for all purposes.
Appears in 10 contracts
Samples: Trust Agreement (Datum One Series Trust), Agreement and Declaration of Trust (Datum One Series Trust), Agreement and Declaration of Trust (Highland Global Allocation Fund)
Assets Belonging to Series. Any portion of the Trust Property allocated to a particular SeriesSeries or Class, and all consideration received by the Trust for the issue issuance or sale of Shares of such Seriesa particular Series or Class, together with all assets in which such consideration is invested or reinvested, all interest, dividends, income, earnings, profits and gains therefrom, and proceeds thereof, including any proceeds derived from the sale, exchange or liquidation of such assets, and any funds or payments derived from any reinvestment of such proceeds in whatever form the same may be, shall be held by the Trustees in trust for the benefit of the holders of Shares of that Series and shall irrevocably belong to that Series or Class for all purposes, subject only to the rights of creditors, and shall be so recorded upon the books of account of the Trust, and the Shareholders of such Series or Class shall not have, and shall be conclusively deemed to have waived, any claims to the assets of any Series or Class of which they are not Shareholders. Such consideration, assets, interestinterests, dividends, income, earnings, profits, gains and proceeds thereof, including any proceeds derived from the sale, exchange or liquidation of such assets, and any funds or payments derived from any reinvestment of such proceeds, in whatever form the same may be, together with any General Items allocated to that Series or Class as provided in the following sentence, are herein referred to collectively as “assets "belonging to" ” that SeriesSeries or Class. In the event that there are any assets, income, earnings, profits, and proceeds thereof, funds, or payments which are not readily identifiable as belonging to any particular Series or Class (collectively, "collectively “General Items"”), the Trustees shall allocate such General Items to and among any one or more of the Series or Classes established and designated from time to time in such manner and on such basis as they, in their sole discretion, deem fair and equitable; and any General Items so allocated to a particular Series or Class shall belong to and be part of the assets belonging to that SeriesSeries or Class. Each such allocation by the Trustees shall be conclusive and binding upon the Shareholders of all Series and Classes for all purposes. The Trustees shall have full discretion, to the extent not inconsistent with the 1940 Act, to determine which items shall be treated as income and which items as capital; and each such determination and allocation shall be conclusive and binding upon the Shareholders.
Appears in 9 contracts
Samples: Agreement and Declaration of Trust (Advisers Investment Trust), Agreement and Declaration of Trust (Advisers Investment Trust), Agreement and Declaration of Trust (Advisers Investment Trust)
Assets Belonging to Series. Any portion Subject to the provisions of the Trust Property allocated to a particular Series, and all paragraph (c) of this Section 6: All consideration received by the Trust for the issue or sale of Shares of such a particular Series, together with all assets in which such consideration is invested or reinvested, all interest, dividends, income, earnings, profits and gains therefromprofits, and proceeds thereofthereof from whatever source derived, including including, without limitation, any proceeds derived from the sale, exchange or liquidation of such assets, and any funds or payments derived from any reinvestment of such proceeds in whatever form the same may be, shall be held by the Trustees in trust for the benefit of the holders of Shares of that Series and shall irrevocably belong to that Series for all purposes, subject only to the rights of creditors, and shall be so recorded upon the books of account of the Trust, and the Shareholders of such Series shall not have, and shall be conclusively deemed to have waived, any claims to the assets of any Series of which they are not Shareholders. Such consideration, assets, interest, dividends, income, earnings, profitsprofits and proceeds thereof, gains from whatever source derived, including, without limitation, any proceeds derived from the sale, exchange or liquidation of such assets, and any funds or payments derived from any reinvestment of such proceeds, together with any General Items allocated to that Series as provided in whatever form the following sentencesame may be, are herein referred to collectively as “assets "belonging to" ” that Series. In the event that there are any assets, income, earnings, profits, profits and proceeds thereof, funds, funds or payments which are not readily identifiable as belonging to any particular Series (collectively, "collectively “General Items"Assets”), the Trustees shall allocate such General Items to and Assets to, between or among any one or more of the Series established and designated from time to time time, in such manner and on such basis as they, in their sole discretion, deem fair and equitable; , and any General Items Asset so allocated to a particular Series shall belong to and be part of the assets belonging to that Series. Each such allocation by the Trustees shall be conclusive and binding upon the Shareholders of all Series for all purposes.
Appears in 9 contracts
Samples: Agreement and Declaration of Trust (MML Series Investment Fund), Agreement and Declaration of Trust (MML Series Investment Fund II), Agreement and Declaration of Trust (Massmutual Select Funds)
Assets Belonging to Series. Any portion of the Trust Property allocated to a particular Series, and all consideration received by the Trust for the issue or sale of Shares of such Series, together with all assets in which such consideration is invested or reinvested, all interest, dividends, income, earnings, profits and gains therefrom, and proceeds thereof, including any proceeds derived from the sale, exchange or liquidation of such assets, and any funds or payments derived from any reinvestment of such proceeds in whatever form the same may be, shall be held by the Trustees in trust for the benefit of the holders of Shares of that Series and shall irrevocably belong to that Series for all purposes, and shall be so recorded upon the books of account of the Trust, and the Shareholders of such Series shall not have, and shall be conclusively deemed to have waived, any claims to the assets of any Series of which they are not Shareholders. Such consideration, assets, interest, dividends, income, earnings, profits, gains and proceeds, together with any General Items allocated to that Series as provided in the following sentence, are herein referred to collectively as assets "belonging to" that Series. In the event that there are any assets, income, earnings, profitsprofits or funds, or payments and proceeds with respect thereto, and proceeds thereof, funds, or payments which are not readily identifiable as belonging to any particular Series (collectively, "General Items"), the Trustees shall allocate such General Items to and among any one or more of the Series established and designated from time to time in such manner and on such basis as they, in their sole discretion, deem fair and equitable; and any General Items so allocated to a particular Series shall belong to and be part of the assets belonging to that Series. Each such allocation by the Trustees shall be conclusive and binding upon the Shareholders of all Series for all purposes.
Appears in 7 contracts
Samples: Agreement and Declaration of Trust (Investment Managers Series Trust II), Agreement and Declaration of Trust (Palmer Square Opportunistic Income Fund), Agreement and Declaration of Trust (Palmer Square Opportunistic Income Fund)
Assets Belonging to Series. Any portion of the Trust Property allocated to a particular Series, and all All consideration received by the Trust Company for the issue or sale of Shares of such a particular Series, together with all assets in which such consideration is invested or reinvested, all interest, dividends, income, earnings, profits and gains therefromprofits, and proceeds thereof, including any proceeds derived from the sale, exchange or liquidation of such assets, and any funds or payments derived from any reinvestment of such proceeds in whatever form the same may be, shall be held by the Trustees in trust separately for the benefit of the holders of Shares Shareholders of that Series and shall irrevocably belong to that Series for all purposes, and shall be so recorded upon the books of account of the Trustto no other Series, and the Shareholders of such Series shall not have, and shall be conclusively deemed to have waived, any claims subject only to the assets rights of any Series creditors of which they are not Shareholders. Such consideration, assets, interest, dividends, income, earnings, profits, gains and proceeds, together with any General Items allocated to that Series as provided in the following sentence, are herein referred to collectively as assets "belonging to" that Series. In the event that there are addition, any assets, income, earnings, profits, and proceeds thereof, profits or funds, or payments and proceeds with respect thereto, which are not readily identifiable as belonging to any particular Series (collectively, "General Items"), shall be allocated by the Trustees shall allocate such General Items to Directors between and among any one or more of the Series established and designated from time to time in such manner and on such basis as theythe Directors, in their sole discretion, deem fair and equitable; and any General Items so allocated to a particular Series shall belong to and be part of the assets belonging to that Series. Each such allocation by the Trustees shall be conclusive and binding upon the Shareholders of all Series for all purposes, and such assets, income, earnings, profits or funds, or payments and proceeds with respect thereto shall be assets belonging to that Series. Such consideration, assets, income, earnings, profits or funds, or payments and proceeds with respect thereto, allocated to such Series are herein referred to as "assets belonging to" that Series. The assets belonging to a particular Series shall be so recorded upon the books of the Company, and shall be held by the Directors for the benefit of the holders of Shares of that Series. No Series shall have any right to or interest in the assets belonging to any other Series, and no Shareholder shall have any right or interest with respect to any Series in which it does not hold Shares. Separate and distinct records shall be maintained for each Series and the assets belonging to each Series shall be held in such separate and distinct records and accounted for in such separate and distinct records separately from the assets belonging to all other Series and any assets, income, earnings, profits or funds, or payments and proceeds with respect thereto, which are not readily identifiable as belonging to a particular Series that are not allocated to such Series.
Appears in 6 contracts
Samples: Limited Liability Company Agreement (Fidelity Central Investment Portfolios II LLC), Limited Liability Company Agreement (Fidelity Central Investment Portfolios II LLC), Limited Liability Company Agreement (Fidelity Central Investment Portfolios LLC)
Assets Belonging to Series. Any portion of the Trust Property allocated to a particular Series, and all All consideration received by the Trust for the issue issuance or sale of Shares of such Seriesa particular Series or Class, together with all assets in which such consideration is invested or reinvested, all interest, dividends, income, earnings, profits and gains therefromprofits, and proceeds thereof, including any proceeds derived from the sale, exchange or liquidation of such assets, and any funds or payments derived from any reinvestment of such proceeds in whatever form the same may be, shall be held by the Trustees in trust for the benefit of the holders of Shares of that Series and shall irrevocably belong to that Series or Class for all purposes, subject only to the rights of creditors, and shall be so recorded upon the books of account of the Trust, and the Shareholders of such Series shall not have, and shall be conclusively deemed to have waived, any claims to the assets of any Series of which they are not Shareholders. Such consideration, assets, interest, dividends, income, earnings, profitsprofits and proceeds thereof, gains including any proceeds derived from the sale, exchange or liquidation of such assets, and any funds or payments derived from any reinvestment of such proceeds, in whatever form the same may be, together with any General Items allocated to that Series or Class as provided in the following sentence, are herein referred to collectively as “assets "belonging to" ” that SeriesSeries or Class. In the event that there are any assets, income, earnings, profits, and proceeds thereof, funds, or payments which are not readily identifiable as belonging to any particular Series or Class (collectively, "collectively “General Items"”), the Trustees shall allocate such General Items to and among any one or more of the Series or Classes established and designated from time to time in such manner and on such basis as they, in their sole discretion, deem fair and equitable; and any General Items so allocated to a particular Series or Class shall belong to and be part of the assets belonging to that SeriesSeries or Class. Each such allocation by the Trustees shall be conclusive and binding upon the Shareholders of all Series and Classes for all purposes. The Trustees shall have full discretion, to the extent not inconsistent with the 1940 Act, to determine which items shall be treated as income and which items as capital; and each such determination and allocation shall be conclusive and binding upon the Shareholders.
Appears in 5 contracts
Samples: Agreement and Declaration of Trust (Advisers Investment Trust), Agreement and Declaration of Trust (Global Managers Trust), Agreement and Declaration of Trust (Diamond Hill Funds)
Assets Belonging to Series. Any portion of the Trust Property allocated to a particular Series, and all consideration received by the Trust for the issue or sale of Shares of such Series, together with all assets in which such consideration is invested or reinvested, all interest, dividends, income, earnings, profits and gains therefrom, and proceeds thereof, including any proceeds derived from the sale, exchange or liquidation of such assets, and any funds or payments derived from any reinvestment of such proceeds in whatever form the same may be, shall be held by the Trustees in trust for the benefit of the holders of Shares of that Series and shall irrevocably belong to that Series for all purposes, and shall be so recorded upon the books of account of the Trust, and the Shareholders of such Series shall not have, and shall be conclusively deemed to have waived, any claims to the assets of any Series of which they are not Shareholders. Such consideration, assets, interest, dividends, income, earnings, profits, gains and proceeds, together with any General Items allocated to that Series as provided in the following sentence, are herein referred to collectively as assets "“belonging to" ” that Series. In the event that there are any assets, income, earnings, profits, and proceeds thereof, funds, or payments which are not readily identifiable as belonging to any particular Series (collectively, "“General Items"”), the Trustees shall allocate such General Items to and among any one or more of the Series established and designated from time to time in such manner and on such basis as they, in their sole discretion, deem fair and equitable; and any General Items so allocated to a particular Series shall belong to and be part of the assets belonging to that Series. Each such allocation by the Trustees shall be conclusive and binding upon the Shareholders of all Series for all purposes.
Appears in 4 contracts
Samples: Agreement and Declaration of Trust (Cushing ETF Trust), Agreement and Declaration of Trust (Cushing Mutual Funds Trust), Agreement and Declaration of Trust (Cushing Funds Trust)
Assets Belonging to Series. Any portion of the Trust Property allocated to a particular Series, and all All consideration received by the Trust for the issue or sale of Shares of such a particular Series, together with all assets in which such consideration is invested or reinvested, all interest, dividends, income, earnings, profits and gains therefromprofits, and proceeds thereof, including any proceeds derived from the sale, exchange or liquidation of such assets, and any funds or payments derived from any reinvestment of such proceeds in whatever form the same may be, shall be held by the Trustees in trust for the benefit of the holders of Shares of that Series and shall irrevocably belong to that Series for all purposes, subject only to the rights of creditors of such Series, and shall be so recorded upon the books of account of the Trust, and the Shareholders of such Series shall not have, and shall be conclusively deemed to have waived, any claims to the assets of any Series of which they are not Shareholders. Such consideration, assets, interest, dividends, income, earnings, profitsprofits and proceeds thereof, gains including any proceeds derived from the sale, exchange or liquidation of such assets, and any funds or payments derived from any reinvestment of such proceeds, in whatever form the same may be, together with any General Items allocated to that Series as provided in the following sentence, are herein referred to collectively as "assets "belonging to" that Series. In the event that there are any assets, incomeincomes, earnings, profits, and proceeds thereof, funds, or payments which are not readily identifiable as belonging to any particular Series (collectively, collectively "General Items"), the Trustees shall allocate such General Items to and among any one or more of the Series established and designated from time to time in such manner and on such basis as they, in their sole discretion, deem fair and equitable; and any General Items so allocated to a particular Series shall belong to and be part of the assets belonging to that Series. Each such allocation by the Trustees shall be conclusive and binding upon the Shareholders of all Series for all purposes. No holder of Shares of any particular Series shall have any claim on or right to any assets allocated or belonging to any other Series of Shares. No holder of Shares of any particular Series shall be entitled to participate in a derivative or class action on behalf of any other Series or the Shareholders of any other Series. The Trustees shall have full discretion, to the extent not inconsistent with the 1940 Act, to determine which items shall be treated as income and which items as capital; and each such determination and allocation shall be conclusive and binding upon the Shareholders.
Appears in 4 contracts
Samples: Trust Agreement (Centurion Investment Trust), Agreement and Declaration of Trust (Guerite Funds), Trust Agreement (RAM Funds)
Assets Belonging to Series. Any portion Subject to the provisions of the Trust Property allocated to a particular Series, and all paragraph (c) of this Section 6: All consideration received by the Trust for the issue or sale of Shares of such a particular Series, together with all assets in which such consideration is invested or reinvested, all interest, dividends, income, earnings, profits and gains therefromproceeds thereof from whatever source derived, and proceeds thereofincluding, including without limitation, any proceeds derived from the sale, exchange or liquidation of such assets, and any funds or payments derived from any reinvestment of such proceeds in whatever form the same may be, shall be held by the Trustees in trust for the benefit of the holders of Shares of that Series and shall irrevocably belong to that Series for all purposes, subject only to the rights of creditors, and shall be so recorded upon the books of account of the Trust, and the Shareholders of such Series shall not have, and shall be conclusively deemed to have waived, any claims to the assets of any Series of which they are not Shareholders. Such consideration, assets, interest, dividends, income, earnings, profitsprofits and proceeds thereof, gains from whatever source derived, including, without limitation, any proceeds derived from the sale, exchange or liquidation of such assets, and any funds or payments derived from any reinvestment of such proceeds, together with any General Items allocated to that Series as provided in whatever form the following sentencesame may be, are herein referred to collectively as “assets "belonging to" ” that Series. In the event that there are any assets, income, earnings, profits, profits and proceeds thereof, funds, funds or payments which are not readily identifiable as belonging to any particular Series (collectively, "collectively “General Items"Assets”), the Trustees shall allocate such General Items to and Assets to, between or among any one or more of the Series established and designated from time to time in such manner and on such basis as they, in their sole discretion, deem fair and equitable; , and any General Items Asset so allocated to a particular Series shall belong to and be part of the assets belonging to that Series. Each such allocation by the Trustees shall be conclusive and binding upon the Shareholders of all Series for all purposes.
Appears in 4 contracts
Samples: Agreement and Declaration of Trust (Baillie Gifford Funds), Agreement and Declaration of Trust (Baillie Gifford Funds), Agreement and Declaration of Trust (Allianz Global Investors Managed Accounts Trust)
Assets Belonging to Series. Any portion of the Trust Property allocated to a particular Series, and all All consideration received by the Trust for the issue or sale of Shares of such a particular Series, together with all assets in which such consideration is invested or reinvested, all interest, dividends, income, earnings, profits and gains therefromprofits, and proceeds thereof, including any proceeds derived from the sale, exchange or liquidation of such assets, and any funds or payments derived from any reinvestment of such proceeds in whatever form the same may be, shall be held by the Trustees in trust for the benefit of the holders of Shares of that Series and shall irrevocably belong to that Series for all purposes, subject only to the rights of creditors of such Series, and shall be so recorded upon the books of account of the Trust, and the Shareholders of such Series shall not have, and shall be conclusively deemed to have waived, any claims to the assets of any Series of which they are not Shareholders. Such consideration, assets, interest, dividends, income, earnings, profitsprofits and proceeds thereof, gains including any proceeds derived from the sale, exchange or liquidation of such assets, and any funds or payments derived from any reinvestment of such proceeds, in whatever form the same may be, together with any General Items allocated to that Series as provided in the following sentence, are herein referred to collectively as "assets "belonging to" that Series. In the event that there are any assets, incomeincomes, earnings, profits, and proceeds thereof, funds, or payments which are not readily identifiable as belonging to any particular Series (collectively, collectively "General Items"), the Trustees shall allocate such General Items to and among any one or more of the Series established and designated from time to time in such manner and on such basis as they, in their sole discretion, deem fair and equitable; and any General Items so allocated to a particular Series shall belong to and be part of the assets belonging to that Series. Each such allocation by the Trustees shall be conclusive and binding upon the Shareholders of all Series for all purposes. No holder of Shares or creditors of any particular Series shall have any claim on or right to any assets allocated or belonging to any other Series of Shares. No holder of Shares of any particular Series shall be entitled to participate in a derivative or class action on behalf of any other Series or the Shareholders of any other Series. The Trustees shall have full discretion, to the extent not inconsistent with the 1940 Act, to determine which items shall be treated as income and which items as capital; and each such determination and allocation shall be conclusive and binding upon the Shareholders.
Appears in 3 contracts
Samples: Agreement and Declaration of Trust (Ultimus Managers Trust), Agreement and Declaration of Trust (Ultimus Managers Trust), Agreement and Declaration of Trust (Empyreal Investment Trust)
Assets Belonging to Series. Any portion of the Trust Property allocated to a particular Series, and all All consideration received by the Trust for the issue or sale of Shares of such a particular Series, together with all assets in which such consideration is invested or reinvested, all interest, dividends, income, earnings, profits and gains therefromprofits, and proceeds thereof, including any proceeds derived from the sale, exchange or liquidation of such assets, and any funds or payments derived from any reinvestment of such proceeds in whatever form the same may be, shall be held by the Trustees in trust for the benefit of the holders of Shares of that Series and shall irrevocably belong to that Series for all purposes, subject only to the rights of creditors, and shall be so recorded upon the books of account of the Trust, and the Shareholders of such Series shall not have, and shall be conclusively deemed to have waived, any claims to the assets of any Series of which they are not Shareholders. Such consideration, assets, interest, dividends, income, earnings, profitsprofits and proceeds thereof, gains including any proceeds derived from the sale, exchange or liquidation of such assets, and any funds or payments derived from any reinvestment of such proceeds, in whatever form the same may be, together with any General Items allocated to that Series as provided in the following sentence, are herein referred to collectively as "assets "belonging to" that Series. In the event that there are any assets, income, earnings, profits, and proceeds thereof, funds, or payments which are not readily identifiable as belonging to any particular Series (collectively, collectively "General Items"), the Trustees shall allocate such General Items to and among any one or more of the Series established and designated from time to time in such manner and on such basis as they, in their sole discretion, deem fair and equitable; and any General Items so allocated to a particular Series shall belong to and be part of the assets belonging to that Series. Each such allocation by the Trustees shall be conclusive and binding upon the Shareholders of all Series for all purposes. The Trustees shall have full discretion, to the extent not inconsistent with the 1940 Act, to determine which items shall be treated as income and which items as capital; and each such determination and allocation shall be conclusive and binding upon the Shareholders.
Appears in 3 contracts
Samples: Restated Agreement and Declaration of Trust (Countrywide Strategic Trust), Agreement and Declaration of Trust (Fairmont Fund Trust), Restated Agreement and Declaration of Trust (Countrywide Investment Trust)
Assets Belonging to Series. Any portion of the Trust Property allocated to a particular Series, and all consideration received by the Trust for the issue or sale of Shares of such Series, together with all assets in which such consideration is invested or reinvested, all interest, dividends, income, earnings, profits and gains therefrom, and proceeds thereof, including any proceeds derived from the sale, exchange or liquidation of such assets, and any funds or payments derived from any reinvestment of such proceeds in whatever form the same may be, shall be held by the Trustees in trust for the benefit of the holders of Shares of that Series and shall irrevocably belong to that Series for all purposes, and shall be so recorded upon the books of account of the Trust, and the Shareholders of such Series shall not have, and shall be conclusively deemed to have waived, any claims to the assets of any Series of which they are not Shareholders. Such consideration, assets, interest, dividends, income, earnings, profits, gains and proceeds, together with any General Items allocated to that Series as provided in the following sentence, are herein referred to collectively as assets "belonging to" that Series. In the event that there are any assets, income, earnings, profitsprofits or funds, or payments and proceeds with respect thereto, and proceeds thereof, funds, or payments which are not readily identifiable as belonging to any particular Series (collectively, "General Items"), the Trustees shall allocate such General Items to and among any one or more of the Series established and designated from time to time in such manner and on such basis as they, in their sole discretion, deem fair and equitable; and any General Items so allocated to a particular Series shall belong to and be part of the assets belonging to that Series. Each such allocation by the Trustees shall be conclusive and binding upon the Shareholders of all Series for all purposes.
Appears in 3 contracts
Samples: Agreement and Declaration of Trust (Investment Managers Series Trust), Trust Agreement (361 Social Infrastructure Fund), Agreement and Declaration of Trust (Investment Managers Series Trust)
Assets Belonging to Series. Any portion of the Trust Property allocated to a particular Series, and all All consideration received by the Trust for the issue or sale of Shares of such a particular Series, together with all assets in which such consideration is invested or reinvested, all interest, dividends, income, earnings, profits and gains therefromprofits, and proceeds thereofthereof from whatever source derived, including including, without limitation, any proceeds derived from the sale, exchange or liquidation of such assets, and any funds or payments derived from any reinvestment of such proceeds in whatever form the same may be, shall be held by the Trustees in trust for the benefit of the holders of Shares of that Series and shall irrevocably belong to that Series for all purposes, subject only to the rights of creditors, and shall be so recorded upon the books of account of the Trust, and the Shareholders of such Series shall not have, and shall be conclusively deemed to have waived, any claims to the assets of any Series of which they are not Shareholders. Such considerationconsiderations, assets, interest, dividends, income, earnings, profitsprofits and proceeds thereof, gains from whatever source derived, including, without limitation, any proceeds derived from the sale, exchange or liquidation of such assets, and any funds or payments derived from any reinvestment of such proceeds, together with any General Items allocated to that Series as provided in whatever form the following sentencesame may be, are herein referred to collectively as "assets "belonging to" that Series. In the event that there are any assets, income, earnings, profits, profits and proceeds thereof, funds, funds or payments which are not readily identifiable as belonging to any particular Series (collectively, collectively "General ItemsAssets"), the Trustees shall allocate such General Items to and Assets to, between or among any one or more of the Series established and designated from time to time in such manner and on such basis as they, in their sole discretion, deem fair and equitable; , and any General Items Asset so allocated to a particular Series shall belong to that Series; and, in the event that there are any assets, income, earnings, profits and be part proceeds thereof, funds or payments belonging to any Series which are not readily identifiable as belonging to any particular class (collectively "Series General Assets"), the Trustees shall allocate such Series General Assets to, between or among any one or more of the assets belonging classes of such Series in such manner and on such basis as they, in their sole discretion, deem fair and equitable, and any Series General Asset so allocated to a particular class shall belong to that Seriesclass. Each such allocation by the Trustees shall be conclusive and binding upon the Shareholders of all Series and classes for all purposes.
Appears in 3 contracts
Samples: Agreement and Declaration of Trust (Robertson Stephens Investment Trust), Agreement and Declaration of Trust (Robertson Stephens Investment Trust), Agreement and Declaration of Trust (Robertson Stephens Investment Trust)
Assets Belonging to Series. Any portion of the Trust Property allocated to a particular Series, and all All consideration received by the Trust for the issue or sale of Shares of such a particular Series, together with all assets in which such consideration is invested or reinvested, all interest, dividends, income, earnings, profits and gains therefromprofits, and proceeds thereofthereof from whatever source derived, including including, without limitation, any proceeds derived from the sale, exchange or liquidation of such assets, and any funds or payments derived from any reinvestment of such proceeds in whatever form the same may be, shall be held by the Trustees in trust for the benefit of the holders of Shares of that Series and shall irrevocably belong to that Series for all purposes, subject only to the rights of creditors, and shall be so recorded upon the books of account of the Trust, and the Shareholders of such Series shall not have, and shall be conclusively deemed to have waived, any claims to the assets of any Series of which they are not Shareholders. Such consideration, assets, interest, dividends, income, earnings, profitsprofits and proceeds thereof, gains from whatever source derived, including, without limitation, any proceeds derived from the sale, exchange or liquidation of such assets, and any funds or payments derived from any reinvestment of such proceeds, together with any General Items allocated to that Series as provided in whatever form the following sentencesame may be, are herein referred to collectively as “assets "belonging to" ” that Series. The right to bring, permit or maintain any action, proceeding or claim on behalf of the Trust or any Series is not an “asset belonging to” any Series, and the exclusive power to exercise this right is vested in the Trustees; provided, however, that nothing in this sentence shall restrict the treatment of the proceeds of an action, proceeding or claim on behalf of a Series as an “asset belonging to” that Series. In the event that there are any assets, income, earnings, profits, profits and proceeds thereof, funds, funds or payments which are not readily identifiable as belonging to any particular Series (collectively, "collectively “General Items"Assets”), the Trustees shall allocate such General Items to and Assets to, between or among any one or more of the Series established and designated from time to time in such manner and on such basis as they, in their sole discretion, deem fair and equitable; , and any General Items Asset so allocated to a particular Series shall belong to and be part of the assets belonging to that Series. Each such allocation by the Trustees shall be conclusive and binding upon the Shareholders of all Series for all purposes.
Appears in 3 contracts
Samples: Agreement and Declaration of Trust (Gmo Trust), Agreement and Declaration of Trust (Gmo Trust), Amended and Restated Agreement and Declaration of Trust (Gmo Trust)
Assets Belonging to Series. Any portion Subject to the provisions of the Trust Property allocated to a particular Series, and all paragraph (c) of this Section 6: All consideration received by the Trust for the issue or sale of Shares of such a particular Series, together with all assets in which such consideration is invested or reinvested, all interest, dividends, income, earnings, profits and gains therefromproceeds thereof from whatever source derived, and proceeds thereofincluding, including without limitation, any proceeds derived from the sale, exchange or liquidation of such assets, and any funds or payments derived from any reinvestment of such proceeds in whatever form the same may be, shall be held by the Trustees in trust for the benefit of the holders of Shares of that Series and shall irrevocably belong to that Series for all purposes, subject only to the rights of creditors of that Series, and shall be so recorded upon the books of account of the Trust, and the Shareholders of such Series shall not have, and shall be conclusively deemed to have waived, any claims to the assets of any Series of which they are not Shareholders. Trust Such consideration, assets, interest, dividends, income, earnings, profitsprofits and proceeds thereof, gains from whatever source derived, including, without limitation, any proceeds derived from the sale, exchange or liquidation of such assets, and any funds or payments derived from any reinvestment of such proceeds, together with any General Items allocated to that Series as provided in whatever form the following sentencesame may be, are herein referred to collectively as “assets "belonging to" ” that Series. In the event that there are any assets, income, earnings, profits, profits and proceeds thereof, funds, funds or payments which are not readily identifiable as belonging to any particular Series (collectively, "collectively “General Items"Assets”), the Trustees shall allocate such General Items to and Assets to, between or among any one or more of the Series established and designated from time to time in such manner and on such basis as they, in their sole discretion, deem fair and equitable; , and any General Items Asset so allocated to a particular Series shall belong to and be part of the assets belonging to that Series. Each such allocation by the Trustees shall be conclusive and binding upon the Shareholders of all Series for all purposes.
Appears in 2 contracts
Samples: Agreement and Declaration of Trust (Natixis ETF Trust II), Trust Agreement (Natixis ETF Trust)
Assets Belonging to Series. Any portion of the Trust Property allocated to a particular Series, and all All consideration received by the Trust Company for the issue or sale of Shares of such a particular Series, together with all assets in which such consideration is invested or reinvested, all interest, dividends, income, earnings, profits and gains therefromprofits, and proceeds thereof, including any proceeds derived from the sale, exchange or liquidation of such assets, and any funds or payments derived from any reinvestment of such proceeds in whatever form the same may be, shall be held by the Trustees in trust separately for the benefit of the holders of Shares Shareholders of that Series and shall irrevocably belong to that Series for all purposes, and shall be so recorded upon the books of account of the Trustto no other Series, and the Shareholders of such Series shall not have, and shall be conclusively deemed to have waived, any claims subject only to the assets rights of any Series creditors of which they are not Shareholders. Such consideration, assets, interest, dividends, income, earnings, profits, gains and proceeds, together with any General Items allocated to that Series as provided in the following sentence, are herein referred to collectively as assets "belonging to" that Series. In the event that there are addition, any assets, income, earnings, profits, and proceeds thereof, profits or funds, or payments and proceeds with respect thereto, which are not readily identifiable as belonging to any particular Series (collectively, "General Items"), shall be allocated by the Trustees shall allocate such General Items to Directors between and among any one or more of the Series established and designated from time to time in such manner and on such basis as theythe Directors, in their sole discretion, deem fair and equitable; and any General Items so allocated to a particular Series shall belong to and be part of the assets belonging to that Series. Each such allocation by the Trustees shall be conclusive and binding upon the Shareholders of all Series for all purposes, and such assets, income, earnings, profits or funds, or payments and proceeds with respect thereto shall be assets belonging to that Series. Such consideration, assets, income, earnings, profits or funds, or payments and proceeds with respect thereto, allocated to such Series are herein referred to as “assets belonging to” that Series. The assets belonging to a particular Series shall be so recorded upon the books of the Company, and shall be held by the Directors for the benefit of the holders of Shares of that Series. No Series shall have any right to or interest in the assets belonging to any other Series, and no Shareholder shall have any right or interest with respect to any Series in which it does not hold Shares. Separate and distinct records shall be maintained for each Series and the assets belonging to each Series shall be held in such separate and distinct records and accounted for in such separate and distinct records separately from the assets belonging to all other Series and any assets, income, earnings, profits or funds, or payments and proceeds with respect thereto, which are not readily identifiable as belonging to a particular Series that are not allocated to such Series.
Appears in 2 contracts
Samples: Limited Liability Company Agreement (Fidelity Central Investment Portfolios II LLC), Limited Liability Company Agreement (Fidelity Master Portfolios LLC)
Assets Belonging to Series. Any portion of the Trust Property allocated to a particular Series, and all All consideration received by the Trust for the issue or sale of Shares of such Seriesa particular Series or any classes thereof, together with all assets in which such consideration is invested or reinvested, all interest, dividends, income, earnings, profits and gains therefromprofits, and proceeds thereof, including any proceeds derived from the sale, exchange or liquidation of such assets, and any funds or payments derived from any reinvestment of such proceeds in whatever form the same may be, shall be held by the Trustees in trust for the benefit of the holders of Shares of that Series or class thereof and shall irrevocably belong to that Series (and be allocable to any classes thereof) for all purposes, and shall be so recorded upon the books of account of the Trust, and the Shareholders of such Series shall not have, and shall be conclusively deemed to have waived, any claims to the assets of any Series of which they are not Shareholders. Such consideration, assets, interest, dividends, income, earnings, profits, gains and proceeds thereof, including any proceeds derived from the sale, exchange or liquidation of such assets, and any funds or payments derived from any reinvestment of such proceeds, in whatever form the same may be, together with any General Items (as hereinafter defined) allocated to that Series as provided in the following sentence, are herein referred to collectively as "assets "belonging to" that SeriesSeries (and allocable to any classes thereof). In the event that there are any assets, income, earnings, profits, and proceeds thereof, funds, or payments which are not readily identifiable as belonging to any particular Series (collectively, collectively "General Items"), the Trustees shall allocate such General Items to and among any one or more of the Series established and designated from time to time in such manner and on such basis as they, in their sole discretion, deem fair and equitable; and any General Items so allocated to a particular Series shall belong to that Series (and be part of the assets belonging allocable to that Seriesany classes thereof). Each such allocation by the Trustees shall be conclusive and binding upon the Shareholders holders of all Shares of all Series (including any classes thereof) for all purposes.
Appears in 2 contracts
Samples: Agreement and Declaration of Trust (Janus Investment Fund), Agreement and Declaration of Trust (Janus Investment Fund)
Assets Belonging to Series. Any portion of the Trust Property allocated to a particular Series, and all consideration received by the Trust for the issue or sale of Shares of such Series, together with all assets in which such consideration is invested or reinvested, all interest, dividends, income, earnings, profits and gains therefrom, and proceeds thereof, including any proceeds derived from the sale, exchange or liquidation of such assets, and any funds or payments derived from any reinvestment of such proceeds in whatever form the same may be, shall be held by the Trustees in trust for the benefit of the holders of Shares of that Series and shall irrevocably belong to that Series for all purposes, and shall be so recorded upon the books of account of the Trust, and the Shareholders of such Series shall not have, and shall be conclusively deemed to have waived, any claims to the assets of any Series of which they are not Shareholders. Such consideration, assets, interest, dividends, income, earnings, profits, gains and proceeds, together with any General Items allocated to that Series as provided in the following sentence, are herein referred to collectively as assets "belonging to" that Series. In the event that there are any assets, income, earnings, profits, and proceeds thereof, funds, or payments which are not readily identifiable as belonging to any particular Series (collectively, "General Items"), the Trustees shall allocate such General Items to and among any one or more of the Series established and designated from time to time in such manner and on such basis as they, in their sole discretion, deem fair and equitable; and any General Items so allocated to a particular Series shall belong to and be part of the assets belonging to that Series. Each such allocation by the Trustees shall be conclusive and binding upon the Shareholders of all Series for all purposes.
Appears in 2 contracts
Samples: Trust Agreement (Claymore Trust), Trust Agreement (Claymore Trust)
Assets Belonging to Series. Any portion of the Trust Property allocated to a particular Series, and all consideration received by the Trust for the issue or sale of Shares of such Series, together with all assets in which such consideration is invested or reinvested, all interest, dividends, income, earnings, profits and gains therefrom, and proceeds thereof, including any proceeds derived from the sale, exchange or liquidation of such assets, and any funds or payments derived from any reinvestment of such proceeds in whatever form the same may be, shall be held by the Trustees in trust for the benefit of the holders of Shares of that Series and shall irrevocably belong to that Series for all purposes, and shall be so recorded upon the books of account of the Trust, and the Shareholders of such Series shall not have, and shall be conclusively deemed to have waived, any claims to the assets of any Series of which they are not Shareholders. Such consideration, assets, interest, dividends, income, earnings, profits, gains and proceeds, together with any General Items allocated to that Series as provided in the following sentence, are herein referred to collectively as assets "“belonging to" ” that Series. In the event that there are any assets, income, earnings, profitsprofits or funds, or payments and proceeds with respect thereto, and proceeds thereof, funds, or payments which are not readily identifiable as belonging to any particular Series (collectively, "“General Items"”), the Trustees shall allocate such General Items to and among any one or more of the Series established and designated from time to time in such manner and on such basis as they, in their sole discretion, deem fair and equitable; and any General Items so allocated to a particular Series shall belong to and be part of the assets belonging to that Series. Each such allocation by the Trustees shall be conclusive and binding upon the Shareholders of all Series for all purposes.
Appears in 2 contracts
Samples: Trust Agreement (Leader Funds Trust), Trust Agreement (Chartwell Funds)
Assets Belonging to Series. Any portion of the Trust Property allocated to a particular Series, and all All consideration received by the Trust for the issue or sale of Shares of such a particular Series, together with all assets in which such consideration is invested or reinvested, all interest, dividends, income, earnings, profits and gains therefromprofits, and proceeds thereof, including any proceeds derived from the sale, exchange or liquidation of such assets, and any funds or payments derived from any reinvestment of such proceeds in whatever form the same may be, shall be held by the Trustees in trust for the benefit of the holders of Shares of that Series and shall irrevocably belong to that Series for all purposes, subject only to the rights of creditors, and shall be so recorded upon the books of account of the Trust, and the Shareholders of such Series shall not have, and shall be conclusively deemed to have waived, any claims to the assets of any Series of which they are not Shareholders. Such consideration, assets, interest, dividends, income, earnings, profits, gains and proceeds thereof, including any proceeds derived from the sale, exchange or liquidation of such assets, and any funds or payments derived from any reinvestment of such proceeds, in whatever form the same may be, together with any General Items allocated to that Series as provided in the following sentence, are herein referred to collectively as "assets "belonging to" that Series. In the event that there are any assets, income, earnings, profits, profits and proceeds thereof, funds, funds or payments which are not readily identifiable as belonging to any particular Series (collectively, collectively "General Items"), the Trustees shall allocate such General Items to and among any one or more of the Series established and designated from time to time in such manner and on such basis as they, in their sole discretion, deem fair and equitable; and any General Items so allocated to a particular Series shall belong to and be part of the assets belonging to that Series. Each such allocation by the Trustees shall be conclusive and binding upon the Shareholders shareholders of all Series for all purposes.
(1) Liabilities Belonging to the Series. The liabilities, expenses, costs, charges and reserves attributable to each Series shall be charged and allocated to the assets belonging to each particular Series. Any general liabilities, expenses, costs, charges and reserves of the Trust which are not identifiable as belong to any particular Series shall be allocated and charged by the Trustees to and among any one or more of the Series established and designated from time to time in such manner and on such basis as the Trustees in their sole discretion deem fair and equitable. The liabilities, expenses, costs, charges and reserves allocated and so charged to each Series are herein referred to as "liabilities belonging to" that Series. Each allocation of liabilities, expenses, costs, charges and reserves by the Trustees shall be conclusive and binding upon the shareholders of all Series for all purposes.
Appears in 2 contracts
Samples: Agreement and Declaration of Trust (Oppenheimer Limited Term Government Fund), Agreement and Declaration of Trust (Oppenheimer Municipal Fund)
Assets Belonging to Series. Any portion of the Trust Property allocated to a particular Series, and all All consideration received by the Trust for the issue or sale of Shares of such a particular Series, together with all assets in which such consideration is invested or reinvested, all interest, dividends, income, earnings, profits and gains therefromprofits, and proceeds thereof, including any proceeds derived from the sale, exchange or liquidation of such assets, and any funds or payments derived from any reinvestment of such proceeds in whatever form the same may be, shall be held by the Trustees in trust for the benefit of the holders of Shares of that Series and shall irrevocably belong to that Series for all purposes, and shall be so recorded upon the books of account of the Trust, and the Shareholders of such Series shall not have, and shall be conclusively deemed to have waived, any claims to the assets of any Series of which they are not Shareholders. Such consideration, assets, interest, dividends, income, earnings, profits, gains and proceeds thereof, including any proceeds derived from the sale, exchange or liquidation of such assets, and any funds or payments derived from any reinvestment of such proceeds, in whatever form the same may be, together with any General Items (as hereinafter defined) allocated to that Series as provided in the following sentence, are herein referred to collectively as "assets "belonging to" that Series. In the event that there are any assets, income, earnings, profits, and proceeds thereof, funds, or payments which are not readily identifiable as belonging to any particular Series (collectively, collectively "General Items"), the Trustees shall allocate such General Items to and among any one or more of the Series established and designated from time to time in such manner and on such basis as they, in their sole discretion, deem fair and equitable; and any General Items so allocated to a particular Series shall belong to and be part of the assets belonging to that Series. Each such allocation by the Trustees shall be conclusive and binding upon the Shareholders of all Series for all purposes.
Appears in 1 contract
Samples: Master Trust Agreement (Kobrick HFS Investment Trust)
Assets Belonging to Series. Any portion of the Trust Property allocated to a particular Series, and all All consideration received by the Trust for the issue or sale of Shares of such a particular Series, together with all assets in which such consideration is invested or reinvested, all interest, dividends, income, earnings, profits and gains therefromprofits, and proceeds thereofthereof from whatever source derived, including including, without limitation, any proceeds derived from the sale, exchange or liquidation of such assets, and any funds or payments derived from any reinvestment of such proceeds in whatever form the same may be, shall be held by the Trustees in trust for the benefit of the holders of Shares of that Series and shall irrevocably belong to that Series for all purposes, subject only to the rights of creditors, and shall be so recorded upon the books of account of the Trust, and the Shareholders of such Series shall not have, and shall be conclusively deemed to have waived, any claims to the assets of any Series of which they are not Shareholders. Such considerationconsiderations, assets, interest, dividends, income, earnings, profitsprofits and proceeds thereof, gains from whatever source derived, including, without limitation, any proceeds derived from the sale, exchange or liquidation of such assets, and any funds or payments derived from any reinvestment of such proceeds, together with any General Items allocated to that Series as provided in whatever form the following sentencesame may be, are herein referred to collectively as “assets "belonging to" ” that Series. In the event that there are any assets, income, earnings, profits, profits and proceeds thereof, funds, funds or payments which are not readily identifiable as belonging to any particular Series (collectively, "collectively “General Items"Assets”), the Trustees shall allocate such General Items to and Assets to, between or among any one or more of the Series established and designated from time to time in such manner and on such basis as they, in their sole discretion, deem fair and equitable; , and any General Items Asset so allocated to a particular Series shall belong to that Series; and, in the event that there are any assets, income, earnings, profits and be part proceeds thereof, funds or payments belonging to any Series which are not readily identifiable as belonging to any particular class (collectively “Series General Assets”), the Trustees shall allocate such Series General Assets to, between or among any one or more of the assets belonging classes of such Series in such manner and on such basis as they, in their sole discretion, deem fair and equitable, and any Series General Asset so allocated to a particular class shall belong to that Seriesclass. Each such allocation by the Trustees shall be conclusive and binding upon the Shareholders of all Series and classes for all purposes.
Appears in 1 contract
Samples: Agreement and Declaration of Trust (RS Variable Products Trust)
Assets Belonging to Series. Any portion of the Trust Property allocated to a particular Series, and all All consideration received by the Trust for the issue or sale of Shares of such Seriesa particular Series or Class, together with all assets in which such consideration is invested or reinvested, all interest, dividends, income, earnings, profits and gains therefromprofits, and proceeds thereof, including any proceeds derived from the sale, exchange or liquidation of such assets, and any funds or payments derived from any reinvestment of such proceeds in whatever form the same may be, shall be held by the Trustees in trust for the benefit of the holders of Shares of that Series and shall irrevocably belong to that Series or Class for all purposes, subject only to the rights of creditors of such Series or Class, and shall be so recorded upon the books of account of the Trust, and the Shareholders of such Series shall not have, and shall be conclusively deemed to have waived, any claims to the assets of any Series of which they are not Shareholders. Such consideration, assets, interest, dividends, income, earnings, profitsprofits and proceeds thereof, gains including any proceeds derived from the sale, exchange or liquidation of such assets, and any funds or payments derived from any reinvestment of such proceeds, in whatever form the same may be, together with any General Items allocated to that Series or Class as provided in the following sentence, are herein referred to collectively as "assets "belonging to" that SeriesSeries or Class. In the event that there are any assets, incomeincomes, earnings, profits, and proceeds thereof, funds, or payments which are not readily identifiable as belonging to any particular Series or Class (collectively, collectively "General Items"), the Trustees shall allocate such General Items to and among any one or more of the Series or Classes established and designated from time to time in such manner and on such basis as they, in their sole discretion, deem fair and equitable; and any General Items so allocated to a particular Series or Class shall belong to and be part of the assets belonging to that SeriesSeries or Class. Each such allocation by the Trustees shall be conclusive and binding upon the Shareholders of all Series and Classes for all purposes. No holder of Shares of any particular Series or Class shall have any claim on or right to any assets allocated or belonging to any other Series of Shares or Class. No holder of Shares of any particular Series or Class shall be entitled to participate in a derivative or class action on behalf of any other Series or Class or the Shareholders of any other Series or Class. The Trustees shall have full discretion, to the extent not inconsistent with the 1940 Act, to determine which items shall be treated as income and which items as capital; and each such determination and allocation shall be conclusive and binding upon the Shareholders.
Appears in 1 contract
Samples: Agreement and Declaration of Trust (Eubel Brady & Suttman Mutual Fund Trust)
Assets Belonging to Series. Any portion Subject to the provisions of the Trust Property allocated to a particular Series, and all paragraph (c) of this Section 6: All consideration received by the Trust for the issue or sale of Shares of such a particular Series, together with all assets in which such consideration is invested or reinvested, all interest, dividends, income, earnings, profits and gains therefromproceeds thereof from whatever source derived, and proceeds thereofincluding, including without limitation, any proceeds derived from the sale, exchange or liquidation of such assets, and any funds or payments derived from any reinvestment of such proceeds in whatever form the same may be, shall be held by the Trustees in trust for the benefit of the holders of Shares of that Series and shall irrevocably belong to that Series for all purposes, subject only to the rights of creditors, and shall be so recorded upon the books of account of the Trust, and the Shareholders of such Series shall not have, and shall be conclusively deemed to have waived, any claims to the assets of any Series of which they are not Shareholders. Such consideration, assets, interest, dividends, income, earnings, profitsprofits and proceeds thereof, gains from whatever source derived, including, without limitation, any proceeds derived from the sale, exchange or liquidation of such assets, and any funds or payments derived from any reinvestment of such proceeds, together with any General Items allocated to that Series as provided in whatever form the following sentencesame may be, are herein referred to collectively as "assets "belonging to" that Series. In the event that there are any assets, income, earnings, profits, profits and proceeds thereof, funds, funds or payments which that are not readily identifiable as belonging to any particular Series (collectively, collectively "General ItemsAssets"), the Trustees shall allocate such General Items to and Assets to, between or among any one or more of the Series established and designated from time to time in such manner and on such basis as they, in their sole discretion, deem fair and equitable; , and any General Items Asset so allocated to a particular Series shall belong to and be part of the assets belonging to that Series. Each such allocation by the Trustees shall be conclusive and binding upon the Shareholders of all Series for all purposes. No Shareholder or former Shareholder of any Series shall have a claim on or any right to any assets allocated or belonging to any other Series.
Appears in 1 contract
Samples: Restatement of Amended Agreement and Declaration of Trust (CDC Nvest Companies Trust I)
Assets Belonging to Series. Any portion of the Trust Property allocated to a particular Series, and all All consideration received by the Trust for the issue or sale of Shares Beneficial Interests of such a particular Series, together with all assets in which such consideration is invested or reinvested, all interest, dividends, income, earnings, profits and gains therefromprofits, and proceeds thereof, including any proceeds derived from the sale, exchange or liquidation of such assets, and any funds or payments derived from any reinvestment of such proceeds in whatever form the same may be, shall be held by the Trustees in trust for the benefit of the holders of Shares of Beneficial Owners who have Beneficial Interests in that Series and shall irrevocably belong to that Series for all purposes, and subject only to the rights of creditors of such Series, shall be so recorded upon the books of account of the Trust, and the Shareholders of such Series shall not have, Trust and shall be conclusively deemed to have waived, any claims to held and accounted for separately by the Administrator from the other assets of the Trust or any Series of which they are not Shareholdersother Series. Such consideration, assets, interest, dividends, income, earnings, profits, gains and proceeds thereof, including any proceeds derived from the sale, exchange or liquidation of such assets, and any funds or payments derived from any reinvestment of such proceeds, together with any General Items allocated to that Series as provided in whatever form the following sentencesame may be, are herein referred to collectively as “assets "belonging to" ” that Series. In the event that there are any assets, income, earnings, profits, profits and proceeds thereof, funds, funds or payments which are not readily identifiable as belonging assets held with respect to any particular Series (collectively, "collectively “General Items"Assets”), the Trustees Administrator shall allocate such General Items to and Assets to, between or among any one or more of the Series established and designated from time to time in such manner and on such basis as they, in their sole discretion, deem the Administrator upon written instructions from the Requisite Holders deems fair and equitable; , and any General Items Assets so allocated to a particular Series shall belong thereupon be held with respect to that Series and be part of the deemed assets belonging to that such Series. Each such allocation by the Trustees Administrator shall be conclusive and binding upon the Shareholders Beneficial Owners of all Series for all purposes. Separate and distinct records shall be maintained for each Series and the assets held with respect to each Series shall be held and accounted for separately from the assets held with respect to all other Series and the General Assets of the Trust not allocated to such Series. No Series shall have any right to or interest in the assets belonging to any other Series, and no Beneficial Owners shall have any right or interest with respect to the assets belonging to any Series in which it does not have a Beneficial Interest.
Appears in 1 contract
Samples: Trust Agreement (American Homeowner Preservation 2015A LLC)
Assets Belonging to Series. Any portion of the Trust Property allocated to a particular Series, and all All consideration received by the Trust for the issue issuance or sale of Shares of such Seriesa particular Series or Class, together with all assets in which such consideration is invested or reinvested, all interest, dividends, income, earnings, profits and gains therefromprofits, and proceeds thereof, including any proceeds derived from the sale, exchange or liquidation of such assets, and any funds or payments derived from any reinvestment of such proceeds in whatever form the same may be, shall be held by the Trustees in trust for the benefit of the holders of Shares of that Series and shall irrevocably belong to that Series or Class for all purposes, subject only to the rights of creditors, and shall be so recorded upon the books of account of the Trust, and the Shareholders of such Series shall not have, and shall be conclusively deemed to have waived, any claims to the assets of any Series of which they are not Shareholders. Such consideration, assets, interest, dividends, income, earnings, profitsprofits and proceeds thereof, gains including any proceeds derived from the sale, exchange or liquidation of such assets, and any funds or payments derived from any reinvestment of such proceeds, in whatever form the same may be, together with any General Items allocated to that Series or Class as provided in the following sentence, are herein referred to collectively as “assets "Capitol Series TrustAmended and Restated Agreement and Declaration of TrustNovember 18, 2021Page 14 belonging to" ” that SeriesSeries or Class. In the event that there are any assets, income, earnings, profits, and proceeds thereof, funds, or payments which are not readily identifiable as belonging to any particular Series or Class (collectively, "collectively “General Items"”), the Trustees shall allocate such General Items to and among any one or more of the Series or Classes established and designated from time to time in such manner and on such basis as they, in their sole discretion, deem fair and equitable; and any General Items so allocated to a particular Series or Class shall belong to and be part of the assets belonging to that SeriesSeries or Class. Each such allocation by the Trustees shall be conclusive and binding upon the Shareholders of all Series and Classes for all purposes. The Trustees shall have full discretion, to the extent not inconsistent with the 1940 Act, to determine which items shall be treated as income and which items as capital; and each such determination and allocation shall be conclusive and binding upon the Shareholders.
Appears in 1 contract
Samples: Agreement and Declaration of Trust (Capitol Series Trust)
Assets Belonging to Series. Any portion of the Trust Property allocated to a particular Series, and all All consideration received by the Trust for the issue or sale of Shares of such a. particular Series, together with all assets in which such consideration is invested or reinvested, all interest, dividends, income, earnings, profits and gains therefromprofits, and proceeds thereof, including any proceeds derived from the sale, exchange or liquidation of such assets, and any funds or payments derived from any reinvestment of such proceeds in whatever form the same may be, shall be held by the Trustees in trust for the benefit of the holders of Shares of that Series and shall irrevocably belong to that Series for all purposes, subject only to the rights of creditors, and shall be so recorded upon the books of account of the Trust, and the Shareholders of such Series shall not have, and shall be conclusively deemed to have waived, any claims to the assets of any Series of which they are not Shareholders. Such consideration, assets, interest, dividends, incomeincome , earnings, profitsprofits and proceeds thereof, gains including any proceeds derived from the sale, exchange or liquidation of such assets, and any funds or payments derived from any reinvestment of such proceeds, in whatever form the same may be, together with any General Items allocated to that Series as provided in the following sentence, are herein referred to collectively as “assets "belonging to" ” that Series. In the event that there are any assets, income, earnings, profits, and proceeds thereof, funds, or payments which are not readily identifiable as belonging to any particular Series (collectively, "collectively “General Items"”), the Trustees shall allocate such General Items to and among any one or more of the Series established and designated from time to time in such manner and on such basis as they, in their sole discretion, deem fair and equitable; and any General Items so allocated to a particular Series shall belong to and be part of the assets belonging to that Series. Each such allocation by the Trustees shall be conclusive and binding upon the Shareholders of all Series for all purposes. The Trustees shall have full discretion, to the extent not inconsistent with the 1940 Act, to determine which items shall be treated as income and which items as capital; and each such determination and allocation shall be conclusive and binding upon the Shareholders.
Appears in 1 contract
Samples: Agreement and Declaration of Trust (Dupree Mutual Funds)
Assets Belonging to Series. Any portion of the Trust Property allocated to a particular Series, and all consideration received by the Trust for the issue or sale of Shares of such Series, together with all assets in which such consideration is invested or reinvested, all interest, dividends, income, earnings, profits and gains therefrom, and proceeds thereof, including any proceeds derived from the sale, exchange or liquidation of such assets, and any funds or payments derived from any reinvestment of such proceeds in whatever form the same may be, shall be held by the Trustees in separate and distinct records (directly or indirectly, including through a nominee or otherwise) in trust for the benefit of the holders of Shares of that Series and shall irrevocably belong to that Series for all purposes, and shall be so recorded upon the books of account of the TrustTrust through separate and distinct records for each series, and the Shareholders of such Series shall not have, and shall be conclusively deemed to have waived, any claims to the assets of any Series of which they are not Shareholders. Such consideration, assets, interest, dividends, income, earnings, profits, gains and proceeds, together with any General Items allocated to that Series as provided in the following sentence, are herein referred to collectively as assets "“belonging to" ” that Series. In the event that there are any assets, income, earnings, profits, and proceeds thereof, funds, or payments which are not readily identifiable as belonging to any particular Series (collectively, "“General Items"”), the Trustees shall allocate such General Items to and among any one or more of the Series established and designated from time to time in such manner and on such basis as they, in their sole discretion, deem fair and equitable; and any General Items so allocated to a particular Series shall belong to and be part of the assets belonging to that Series. Each such allocation by the Trustees shall be conclusive and binding upon the Shareholders of all Series for all purposes.
Appears in 1 contract
Assets Belonging to Series. Any portion of the Trust Property allocated to a particular Series, and all All consideration received by the Trust for the issue or sale of Shares of such a particular Series, together with all assets in which such consideration is invested or reinvested, all interest, dividends, income, earnings, profits and gains therefromprofits, and proceeds thereofthereof from whatever source derived, including including, without limitation, any proceeds derived from the sale, exchange or liquidation of such assets, and any funds or payments derived from any reinvestment of such proceeds in whatever form the same may be, shall be held by the Trustees in trust for the benefit of the holders of Shares of that Series and shall irrevocably belong to that Series for all purposes, subject only to the rights of creditors, and shall be so recorded upon the books of account of the Trust, and the Shareholders of such Series shall not have, and shall be conclusively deemed to have waived, any claims to the assets of any Series of which they are not Shareholders. Such consideration, assets, interest, dividends, income, earnings, profitsprofits and proceeds thereof, gains from whatever source derived, including, without limitation, any proceeds derived from the sale, exchange or liquidation of such assets, and any funds or payments derived from any reinvestment of such proceeds, together with any General Items allocated to that Series as provided in whatever form the following sentencesame may be, are herein referred to collectively as “assets "belonging to" ” that Series. The right to bring, permit or maintain any action, proceeding or claim on behalf of the Trust or any Series is not an “asset belonging to” any Series, and the exclusive power to exercise this right is vested in the Trustees; provided, however, that nothing in this sentence shall restrict the treatment of the proceeds of an action, proceeding or claim on behalf of a Series as an “asset belonging to” that Series. In the event that there are any assets, income, earnings, profits, profits and proceeds thereof, funds, funds or payments which are not readily identifiable as belonging to any particular Series (collectively, "“General Items"Assets”), the Trustees shall allocate such General Items to and Assets to, between or among any one or more of the Series established and designated from time to time in such manner and on such basis as they, in their sole discretion, deem fair and equitable; , and any General Items Asset so allocated to a particular Series shall belong to and be part of the assets belonging to that Series. Each such allocation by the Trustees shall be conclusive and binding upon the Shareholders of all Series for all purposes.
Appears in 1 contract
Samples: Agreement and Declaration of Trust (GMO Series Trust)
Assets Belonging to Series. Any portion of the Trust Property allocated to a particular Series, and all All consideration received by the Trust for the issue or sale of Shares Beneficial Interests of such a particular Series, together with all assets in which such consideration is invested or reinvested, all interest, dividends, income, earnings, profits and gains therefromprofits, and proceeds thereof, including any proceeds derived from the sale, exchange or liquidation of such assets, and any funds or payments derived from any reinvestment of such proceeds in whatever form fonn the same may be, shall be held by the Trustees in trust for the benefit of the holders of Shares of Beneficial Owners who have Beneficial Interests in that Series and shall irrevocably inevocably belong to that Series for all purposes, and subject only to the rights of creditors of such Series, shall be so recorded upon the books of account of the Trust, and the Shareholders of such Series shall not have, Trust and shall be conclusively deemed to have waived, any claims to held and accounted for separately by the Administrator from the other assets of the Trust or any Series of which they are not Shareholdersother Series. Such consideration, assets, interest, dividends, income, earnings, profits, gains and proceeds thereof, including any proceeds derived from the sale, exchange or liquidation of such assets, and any funds or payments derived from any reinvestment of such proceeds, together with any General Items allocated to that Series as provided in whatever form the following sentencesame may be, are herein referred refened to collectively as "assets "belonging to" that Series. In the event that there are any assets, income, earnings, profits, profits and proceeds thereof, funds, funds or payments which are not readily identifiable as belonging assets held with respect to any particular Series (collectively, collectively "General ItemsAssets"), the Trustees Administrator shall allocate such General Items to and Assets to, between or among any one or more of the Series established and designated from time to time in such manner and on such basis as they, in their sole discretion, deem the Administrator upon written instructions from the Requisite Holders deems fair and equitable; , and any General Items Assets so allocated to a particular Series shall belong thereupon be held with respect to that Series and be part of the deemed assets belonging to that such Series. Each such allocation by the Trustees Administrator shall be conclusive and binding upon the Shareholders Beneficial Owners of all Series for all purposes. Separate and distinct records shall be maintained for each Series and the assets held with respect to each Series shall be held and accounted for separately from the assets held with respect to all other Series and the General Assets of the Trust not allocated to such Series. No Series shall have any right to or interest in the assets belonging to any other Series, and no Beneficial Owners shall have any right or interest with respect to the assets belonging to any Series in which it does not have a Beneficial Interest.
Appears in 1 contract
Assets Belonging to Series. Any portion of the Trust Property allocated to a particular Series, and all All consideration received by the Trust Company for the issue or sale of Shares Interests of such a particular Series, together with all assets in which such consideration is invested or reinvested, all interest, dividends, income, earnings, profits and gains therefromprofits, and proceeds thereof, including any proceeds derived from the sale, exchange or liquidation of such assets, and any funds or payments derived from any reinvestment of such proceeds in whatever form the same may be, shall be held by the Trustees Company in trust a separate account solely for the benefit of the holders Holders of Shares Interests of that Series and shall irrevocably belong to that Series for all purposes, and shall be so recorded upon the books of account of the Trust, and the Shareholders of such Series shall not have, and shall be conclusively deemed to have waived, any claims to the assets of any Series of which they are not ShareholdersCompany. Such consideration, assets, interest, dividends, income, earnings, profits, gains and proceeds thereof, including any proceeds derived from the sale, exchange or liquidation of such assets, and any funds or payments derived from any reinvestment of such proceeds, together with any General Items allocated to that Series as provided in whatever form the following sentencesame may be, are herein referred to collectively as "assets "belonging to" that Series. No Series shall have any right to or interest in the assets belonging to any other Series, and no Holder shall have any right or interest with respect to the assets belonging to any Series in which it does not hold an Interest. In the event that there are any assets, income, earnings, profits, profits and proceeds thereof, funds, funds or payments which are not readily identifiable as belonging assets held with respect to any particular Series (collectively, collectively "General ItemsAssets"), the Trustees Directors shall allocate such General Items to and Assets to, between or among any one or more of the Series established and designated from time to time in such manner and on such basis as theythe Directors, in their sole discretion, deem fair and equitable; , and any General Items Assets so allocated to a particular Series shall belong to and be part of the assets belonging held with respect to that Series. Each such allocation by the Trustees Directors shall be conclusive and binding upon the Shareholders Holders of all Series for all purposes.
Appears in 1 contract
Samples: Limited Liability Company Agreement (Short Term Bond Master LLC)
Assets Belonging to Series. Any portion of the Trust Property allocated to a particular Series, and all All consideration received by the Trust for the issue or sale of Shares Units of such a particular Series, together with will all assets in which such consideration is invested or reinvested, all interestincome, dividendsearnings, profits, and proceeds thereof, including any proceeds derived from the sale, exchange or liquidation of such assets, and any funds or payment derived from any reinvestment of such proceeds in whatever form the same may be, shall be held by the Trustees in trust in a separate Sub-Trust for the benefit of the holders of Units of that Series and shall irrevocably belong to that Series for all purposes, subject only to the rights of creditors of the Sub-Trust applicable to that Series, and shall be so recorded upon the books of account of the Trust. Such consideration, assets, income, earnings, profits and gains therefromprofits, and proceeds thereof, including any proceeds derived from the sale, exchange or liquidation of such assets, and any funds or payments derived from any reinvestment of such proceeds proceeds, in whatever form the that same may be, shall be held by the Trustees in trust for the benefit of the holders of Shares of that Series and shall irrevocably belong to that Series for all purposes, and shall be so recorded upon the books of account of the Trust, and the Shareholders of such Series shall not have, and shall be conclusively deemed to have waived, any claims to the assets of any Series of which they are not Shareholders. Such consideration, assets, interest, dividends, income, earnings, profits, gains and proceeds, together with any General Items allocated to that Series as provided in the following sentence, are herein referred to collectively as "assets "belonging to" that Series. In the event that there are any assets, income, earnings, profits, and proceeds thereof, funds, or payments which are not readily identifiable as belonging to any particular Series (collectively, collectively "General Items"), the Trustees shall allocate such General Items to and among any one or more of the Sub-Trusts applicable to the Series established and designated from time to time in such manner and on such basis as they, in their sole discretion, deem fair and equitable; and any General Items so allocated to the Sub-Trust applicable to a particular Series shall belong to and be part of the assets belonging to that Series. Each such allocation by the Trustees shall be conclusive and binding upon the Shareholders Unitholders of all Series for all purposes.
Appears in 1 contract
Assets Belonging to Series. Any portion Subject to the provisions of the Trust Property allocated to a particular Series, and all paragraph (c) of this Section 6: All consideration received by the Trust for the issue or sale of Shares of such a particular Series, together with all assets in which such consideration is invested or reinvested, all interest, dividends, income, earnings, profits and gains therefromproceeds thereof from whatever source derived, and proceeds thereofincluding, including without limitation, any proceeds derived from the sale, exchange or liquidation of such assets, and any funds or payments derived from any reinvestment of such proceeds in whatever form the same may be, shall be held by the Trustees in trust for the benefit of the holders of Shares of that Series and shall irrevocably belong to that Series for all purposes, subject only to the rights of creditors, and shall be so recorded upon the books of account of the Trust, and the Shareholders of such Series shall not have, and shall be conclusively deemed to have waived, any claims to the assets of any Series of which they are not Shareholders. Such consideration, assets, interest, dividends, income, earnings, profitsprofits and proceeds thereof, gains from whatever source derived, including, without limitation, any proceeds derived from the sale, exchange or liquidation of such assets, and any funds or payments derived from any reinvestment of such proceeds, together with any General Items allocated to that Series as provided in whatever form the following sentencesame may be, are herein referred to collectively as "assets "belonging to" that Series. In the event that there are any assets, income, earnings, profits, profits and proceeds thereof, funds, funds or payments which are not readily identifiable as belonging to any particular Series (collectively, collectively "General ItemsAssets"), the Trustees shall allocate such General Items to and Assets to, between or among any one or more of the Series established and designated from time to time in such manner and on such basis as they, in their sole discretion, deem fair and equitable; , and any General Items Asset so allocated to a particular Series shall belong to and be part of the assets belonging to that Series. Each such allocation by the Trustees shall be conclusive and binding upon the Shareholders of all Series for all purposes.
Appears in 1 contract
Samples: Agreement and Declaration of Trust (CDC Nvest Funds Trust Ii)
Assets Belonging to Series. Any portion Subject to the provisions of the Trust Property allocated to a particular Series, and all paragraph (c) of this Section: All consideration received by the Trust for the issue or sale of Shares of such a particular Series, together with all assets in which such consideration is invested or reinvested, all interest, dividends, income, earnings, profits and gains therefromprofits, and proceeds thereofthereof from whatever source derived, including including, without limitation, any proceeds derived from the sale, exchange or liquidation of such assets, and any funds or payments derived from any reinvestment of such proceeds in whatever form the same may be, shall be held by the Trustees in trust for the benefit of the holders of Shares of that Series and shall irrevocably belong to that Series for all purposes, subject only to the rights of creditors, and shall be so recorded upon the books of account of the Trust, and the Shareholders of such Series shall not have, and shall be conclusively deemed to have waived, any claims to the assets of any Series of which they are not Shareholders. Such consideration, assets, interest, dividends, income, earnings, profitsprofits and proceeds thereof, gains from whatever source derived, including, without limitation, any proceeds derived from the sale, exchange or liquidation of such assets, and any funds or payments derived from any reinvestment of such proceeds, together with any General Items allocated to that Series as provided in whatever form the following sentencesame may be, are herein referred to collectively as “assets "belonging to" ” that Series. In the event that there are any assets, income, earnings, profits, profits and proceeds thereof, funds, funds or payments which are not readily identifiable as belonging to any particular Series (collectively, "collectively “General Items"Assets”), the Trustees shall allocate such General Items to and Assets to, between or among any one or more of the Series established and designated from time to time time, in such manner and on such basis as they, in their sole discretion, deem fair and equitable; , and any General Items Asset so allocated to a particular Series shall belong to and be part of the assets belonging to that Series. Each such allocation by the Trustees shall be conclusive and binding upon the Shareholders of all Series for all purposes.
Appears in 1 contract
Assets Belonging to Series. Any portion of the Trust Property allocated to a particular Series, and all All consideration received by the Trust for the issue or sale of Shares of such a particular Series, together with all assets in which such consideration is invested or reinvested, all interest, dividends, income, earnings, profits and gains therefromprofits, and proceeds thereof, including any proceeds derived from the sale, exchange or liquidation of such assets, and any funds or payments derived from any reinvestment of such proceeds in whatever form the same may be, shall be held by the Trustees in trust for the benefit of the holders of Shares of that Series and shall irrevocably belong to that Series for all purposes, subject only to the rights of creditors of that Series, and shall be so recorded upon the books of account of the Trust, and the Shareholders of such Series shall not have, and shall be conclusively deemed to have waived, any claims to the assets of any Series of which they are not Shareholders. Such consideration, assets, interest, dividends, income, earnings, profits, gains and proceeds thereof, including any proceeds derived from the sale, exchange or liquidation of such assets and any funds or payments derived from any reinvestment of such proceeds, in whatever form the same may be, together with any General Items allocated to that Series as provided in the following sentence, are herein referred to collectively as "assets "belonging to" that Series. In Series in the event that there are any assets, income, earnings, profits, and proceeds thereof, funds, funds or payments which are not readily identifiable as belonging to any particular Series (collectively, collectively "General Items"), the Trustees shall allocate such General Items to and among any one or more of the Series established and designated from time to time in such manner and on such basis as they, in their sole discretion, deem fair and equitable; and any General Items so allocated to a particular Series shall belong to and be part of the assets belonging to that Series. Each , each such allocation by the Trustees shall be conclusive and binding upon the Shareholders of all Series for all purposes.
Appears in 1 contract
Samples: Agreement and Declaration of Trust (Goldman Sachs Trust)
Assets Belonging to Series. Any portion of the Trust Property allocated to a particular Series, and all consideration received by the Trust for the issue or sale of Shares of such Series, together with all assets in which such consideration is invested or reinvested, all interest, dividends, income, earnings, profits and gains therefrom, and proceeds thereof, including any proceeds derived from the sale, exchange or liquidation of such assets, and any funds or payments derived from any reinvestment of such proceeds in whatever form the same may be, shall be held by the Trustees in trust for the benefit of the holders of Shares of that Series and shall irrevocably belong to that Series for all purposes, and shall be so recorded upon the books of account of the Trust, and the Shareholders of such Series shall not have, and shall be conclusively deemed to have waived, any claims to the assets of any Series of which they are not Shareholders. Such consideration, assets, interest, dividends, income, earnings, profits, gains and proceeds, together with any General Items (as defined below) allocated to that Series as provided in the following sentence, are herein referred to collectively as assets "belonging to" that Series. In the event that there are any assets, income, earnings, profits, and proceeds thereof, funds, or payments which are not readily identifiable as belonging to any particular Series (collectively, "“General Items"”), the Trustees shall allocate such General Items to and among any one or more of the Series established and designated from time to time in such manner and on such basis as they, in their sole discretion, deem fair and equitable; and any General Items so allocated to a particular Series shall belong to and be part of the assets belonging to that Series. Each such allocation by the Trustees shall be conclusive and binding upon the Shareholders of all Series for all purposes.
Appears in 1 contract
Assets Belonging to Series. Any portion of the Trust Property allocated to a particular Series, and all All consideration received by the Trust for the issue issuance or sale of Shares of such Seriesa -------------------------- particular Series or Class, together with all assets in which such consideration is invested or reinvested, all interest, dividends, income, earnings, profits and gains therefromprofits, and proceeds thereof, including any proceeds derived from the sale, exchange or liquidation of such assets, and any funds or payments derived from any reinvestment of such proceeds in whatever form the same may be, shall be held by the Trustees in trust for the benefit of the holders of Shares of that Series and shall irrevocably belong to that Series or Class for all purposes, subject only to the rights of creditors, and shall be so recorded upon the books of account of the Trust, and the Shareholders of such Series shall not have, and shall be conclusively deemed to have waived, any claims to the assets of any Series of which they are not Shareholders. Such consideration, assets, interest, dividends, income, earnings, profitsprofits and proceeds thereof, gains including any proceeds derived from the sale, exchange or liquidation of such assets, and any funds or payments derived from any reinvestment of such proceeds, in whatever form the same may be, together with any General Items allocated to that Series or Class as provided in the following sentence, are herein referred to collectively as "assets "belonging to" that SeriesSeries or Class. In the event that there are any assets, income, earnings, profits, and proceeds thereof, funds, or payments which are not readily identifiable as belonging to any particular Series or Class (collectively, collectively "General Items"), the Trustees shall allocate such General Items to and among any one or more of the Series or Classes established and designated from time to time in such manner and on such basis as they, in their sole discretion, deem fair and equitable; and any General Items so allocated to a particular Series or Class shall belong to and be part of the assets belonging to that SeriesSeries or Class. Each such allocation by the Trustees shall be conclusive and binding upon the Shareholders of all Series and Classes for all purposes. The Trustees shall have full discretion, to the extent not inconsistent with the 1940 Act, to determine which items shall be treated as income and which items as capital; and each such determination and allocation shall be conclusive and binding upon the Shareholders.
Appears in 1 contract
Samples: Agreement and Declaration of Trust (Ameriprime Advisors Trust)
Assets Belonging to Series. Any portion of the Trust Property allocated to a particular Series, and all All consideration received by the Trust for the issue issuance or sale of Shares of such Seriesa particular Series or Class, together with all assets in which such consideration is invested or reinvested, all interest, dividends, income, earnings, profits and gains therefromprofits, and proceeds thereof, including any proceeds derived from the sale, exchange or liquidation of such assets, and any funds or payments derived from any reinvestment of such proceeds in whatever form the same may be, shall be held by the Trustees in trust for the benefit of the holders of Shares of that Series and shall irrevocably belong to that Series or Class for all purposes, subject only to the rights of creditors, and shall be so recorded upon the books of account of the Trust, and the Shareholders of such Series shall not have, and shall be conclusively deemed to have waived, any claims to the assets of any Series of which they are not Shareholders. Such consideration, assets, interest, dividends, income, earnings, profitsprofits and proceeds thereof, gains including any proceeds derived from the sale, exchange or liquidation of such assets, and any funds or payments derived from any reinvestment of such proceeds, in whatever form the same may be, together with any General Items allocated to that Series or Class as provided in the following sentence, are herein referred to collectively as "assets "belonging to" that SeriesSeries or Class. In the event that there are any assets, income, earnings, profits, and proceeds thereof, funds, or payments which are not readily identifiable as belonging to any particular Series or Class (collectively, collectively "General Items"), the Trustees shall allocate such General Items to and among any one or more of the Series or Classes established and designated from time to time in such manner and on such basis as they, in their sole discretion, deem fair and equitable; and any General Items so allocated to a particular Series or Class shall belong to and be part of the assets belonging to that SeriesSeries or Class. Each such allocation by the Trustees shall be conclusive and binding upon the Shareholders of all Series and Classes for all purposes.
Appears in 1 contract
Samples: Agreement and Declaration of Trust (LoCorr Investment Trust)
Assets Belonging to Series. Any portion Subject to the provisions of the Trust Property allocated to a particular Series, and all paragraph (c) of this Section 6.12: All consideration received by the Trust for the issue issuance or sale of Shares of such a particular Series, together with all assets in which such consideration is invested or reinvested, all interest, dividends, income, earnings, profits and gains therefrom, and proceeds thereofthereof from whatever source derived, including without limitation, any proceeds derived from the sale, exchange or liquidation of such assets, and any funds or payments derived from any reinvestment of such proceeds in whatever form the same may be, shall be held by the Trustees in trust for the benefit of the holders of Shares of that Series and shall irrevocably belong to that Series for all purposes, subject only to the rights of creditors, and shall be so recorded upon the books of account of the Trust, and the Shareholders of such Series shall not have, and shall be conclusively deemed to have waived, any claims to the assets of any Series of which they are not Shareholders. Such consideration, assets, interest, dividends, income, earnings, profitsprofits and proceeds thereof, gains from whatever source derived, including without limitation, any proceeds derived from the sale, exchange or liquidation of such assets, and any funds or payments derived from any reinvestment of such proceeds, together with any General Items allocated to that Series as provided in whatever form the following sentencesame may be, are herein referred to collectively as "assets "belonging to" that Series. In the event that there are any assets, income, earnings, profits, profits and proceeds thereof, funds, funds or payments which are not readily identifiable as belonging to any particular Series (collectively, collectively "General ItemsAssets"), the Trustees shall allocate such General Items to and Assets to, between or among any one or more of the Series established and designated from time to time in such manner and on such basis as they, in their sole discretion, deem fair and equitable; , and any General Items Asset so allocated to a particular Series shall belong to and be part of the assets belonging to that Series. Each such allocation by the Trustees shall be conclusive and binding upon the Shareholders of all Series for all purposes.
Appears in 1 contract
Samples: Agreement and Declaration of Trust (Providian Series Trust)
Assets Belonging to Series. Any portion of the Trust Property allocated to a particular Series, and all All consideration received by the Trust for the issue or sale of Shares Beneficial Interests of such a particular Series, together with all assets in which such consideration is invested or reinvested, all interest, dividends, income, earnings, profits and gains therefromprofits, and proceeds thereof, including any proceeds derived from the sale, exchange or liquidation of such assets, and any funds or payments derived from any reinvestment of such proceeds in whatever form the same may be, shall be held by the Trustees in trust for the benefit of the holders of Shares of Beneficial Owners who have Beneficial Interests in that Series and shall irrevocably belong to that Series for all purposes, and subject only to the rights of creditors of such Series, shall be so recorded upon the books of account of the Trust, and the Shareholders of such Series shall not have, Trust and shall be conclusively deemed to have waived, any claims to held and accounted for separately by the Administrator from the other assets of the Trust or any Series of which they are not Shareholdersother Series. Such consideration, assets, interest, dividends, income, earnings, profits, gains and proceeds thereof, including any proceeds derived from the sale, exchange or liquidation of such assets, and any funds or payments derived from any reinvestment of such proceeds, together with any General Items allocated to that Series as provided in whatever form the following sentencesame may be, are herein referred to collectively as "assets "belonging to" that Series. In the event that there are any assets, income, earnings, profits, profits and proceeds thereof, funds, funds or payments which are not readily identifiable as belonging assets held with respect to any particular Series (collectively, collectively "General ItemsAssets"), the Trustees Administrator shall allocate such General Items to and Assets to, between or among any one or more of the Series established and designated from time to time in such manner and on such basis as they, in their sole discretion, deem the Administrator upon written instructions from the Requisite Holders deems fair and equitable; , and any General Items Assets so allocated to a particular Series shall belong thereupon be held with respect to that Series and be part of the deemed assets belonging to that such Series. Each such allocation by the Trustees Administrator shall be conclusive and binding upon the Shareholders Beneficial Owners of all Series for all purposes. Separate and distinct records shall be maintained for each Series and the assets held with respect to each Series shall be held and accounted for separately from the assets held with respect to all other Series and the General Assets of the Trust not allocated to such Series. No Series shall have any right to or interest in the assets belonging to any other Series, and no Beneficial Owners shall have any right or interest with respect to the assets belonging to any Series in which it does not have a Beneficial Interest.
Appears in 1 contract
Samples: Trust Agreement (AHP Servicing LLC)
Assets Belonging to Series. Any portion of the Trust Property allocated to a particular Series, and all All consideration received by the --------------------------- Trust for the issue issuance or sale of Shares of such Seriesa particular Series or Class, together with all assets in which such consideration is invested or reinvested, all interest, dividends, income, earnings, profits and gains therefromprofits, and proceeds thereof, including any proceeds derived from the sale, exchange or liquidation of such assets, and any funds or payments derived from any reinvestment of such proceeds in whatever form the same may be, shall be held by the Trustees in trust for the benefit of the holders of Shares of that Series and shall irrevocably belong to that Series or Class for all purposes, subject only to the rights of creditors, and shall be so recorded upon the books of account of the Trust, and the Shareholders of such Series shall not have, and shall be conclusively deemed to have waived, any claims to the assets of any Series of which they are not Shareholders. Such consideration, assets, interest, dividends, income, earnings, profitsprofits and proceeds thereof, gains including any proceeds derived from the sale, exchange or liquidation of such assets, and any funds or payments derived from any reinvestment of such proceeds, in whatever form the same may be, together with any General Items allocated to that Series or Class as provided in the following sentence, are herein referred to collectively as "assets "belonging to" that SeriesSeries or Class. In the event that there are any assets, income, earnings, profits, and proceeds thereof, funds, or payments which are not readily identifiable as belonging to any particular Series or Class (collectively, collectively "General Items"), the Trustees shall allocate such General Items to and among any one or more of the Series or Classes established and designated from time to time in such manner and on such basis as they, in their sole discretion, deem fair and equitable; and any General Items so allocated to a particular Series or Class shall belong to and be part of the assets belonging to that SeriesSeries or Class. Each such allocation by the Trustees shall be conclusive and binding upon the Shareholders of all Series and Classes for all purposes. The Trustees shall have full discretion, to the extent not inconsistent with the 1940 Act, to determine which items shall be treated as income and which items as capital; and each such determination and allocation shall be conclusive and binding upon the Shareholders.
Appears in 1 contract
Samples: Agreement and Declaration of Trust (Alpha Analytics Investment Trust)
Assets Belonging to Series. Any portion of the Trust Property allocated to a particular Series, and all All consideration received by the Trust for the issue or sale of Shares of such a particular Series, together with all assets in which such consideration is invested or reinvested, all interest, dividends, income, earnings, profits and gains therefromprofits, and proceeds thereofthereof from whatever source derived, including including, without limitation, any proceeds derived from the sale, exchange or liquidation of such assets, and any funds or payments derived from any reinvestment of such proceeds in whatever form the same may be, shall be held by the Trustees in trust for the benefit of the holders of Shares of that Series and shall irrevocably belong to that Series for all purposes, subject only to the rights of creditors, and shall be so recorded upon the books of account of the Trust, and the Shareholders of such Series shall not have, and shall be conclusively deemed to have waived, any claims to the assets of any Series of which they are not Shareholders. Such consideration, assets, interest, dividends, income, earnings, profitsprofits and proceeds thereof, gains from whatever source derived, including, without limitation, any proceeds derived from the sale, exchange or liquidation of such assets, and any funds or payments derived from any reinvestment of such proceeds, together with any General Items allocated to that Series as provided in whatever form the following sentencesame may be, are herein referred to collectively as "assets belonging to" that Series. The right to bring, permit or maintain any action, proceeding or claim on behalf of the Trust or any Series is not an "asset belonging to" any Series, and the exclusive power to exercise this right is vested in the Trustees; provided, however, that nothing in this sentence shall restrict the treatment of the proceeds of an action, proceeding or claim on behalf of a Series as an "asset belonging to" that Series. In the event that there are any assets, income, earnings, profits, profits and proceeds thereof, funds, funds or payments which are not readily identifiable as belonging to any particular Series (collectively, collectively "General ItemsAssets"), the Trustees shall allocate such General Items to and Assets to, between or among any one or more of the Series established and designated from time to time in such manner and on such basis as they, in their sole discretion, deem fair and equitable; , and any General Items Asset so allocated to a particular Series shall belong to and be part of the assets belonging to that Series. Each such allocation by the Trustees shall be conclusive and binding upon the Shareholders of all Series for all purposes.
Appears in 1 contract