Assets Held With Respect to a Particular Class. Separate and distinct records shall be maintained by the Trust for each Class. All consideration received by the Trust for the issue or sale of Shares of a particular Class, together with all assets in which such consideration is invested or reinvested, all income, earnings, profits, 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 in such separate and distinct records (directly or indirectly, including through a nominee or otherwise) and accounted for in such separate and distinct records separately from the other assets of the Trust and may be referred to herein as “assets belonging to” that Class. If the Trust establishes more than one Class of Shares, the assets belonging to the Trust shall be allocated to each Class in the proportion that the assets belonging to the Class bears to the assets of all Classes within the Trust. Each such allocation shall be conclusive and binding upon the Shareholders of all Classes for all purposes, and such assets, income, earnings, profits or funds, or payments and proceeds with respect thereto shall be assets belonging to that Class, as the case may be. The assets belonging to a particular Class shall be so recorded upon the books of the Trust and shall be held by the Trustees in trust for the benefit of the holders of Shares of that Class.
Appears in 16 contracts
Samples: Agreement and Declaration (Wilshire Private Assets Tender Fund), Wilshire Private (Wilshire Private Assets Fund), Agreement and Declaration of Trust (Emerging Growth & Dividend Reinvestment Fund)
Assets Held With Respect to a Particular Class. Separate and distinct records shall be maintained by the Trust for each Class. All consideration received by the Trust for the issue or sale of Shares of a particular Class, together with all assets in which such consideration is invested or reinvested, all income, earnings, profits, 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 irrevocably be held in such separate with respect to that Class for all purposes, subject only to the rights of creditors with respect to that Class, and distinct records (directly or indirectlyshall be so recorded upon the books of account of the Trust. Such consideration, including through a nominee or otherwise) assets, income, earnings, profits and accounted for in such separate and distinct records separately proceeds thereof, from whatever source derived, including, without limitation, any proceeds derived from the other assets sale, exchange or liquidation of such assets, and any funds or payments derived from any reinvestment of such proceeds, in whatever form the Trust and same may be be, are herein referred to herein as “assets belonging held with respect to” that Class. If In the Trust establishes more than one event that there are any assets, income, earnings, profits and proceeds thereof, funds or payments which are not readily identifiable as assets held with respect to any particular Class of Shares(collectively “General Assets”), the assets belonging Board of Trustees, or an appropriate officer as determined by the Board of Trustees, shall allocate such General Assets to, between or among any one or more of the Classes in such manner and on such basis as the Board of Trustees, in its sole discretion, deems fair and equitable, and any General Asset so allocated to the Trust a particular Class shall be allocated held with respect to each Class in the proportion that the assets belonging to the Class bears to the assets of all Classes within the TrustClass. Each such allocation by or under the direction of the Board of Trustees shall be conclusive and binding upon the Shareholders of all Classes for all purposes, and such assets, income, earnings, profits or funds, or payments and proceeds with respect thereto shall be assets belonging to that Class, as the case may be. The assets belonging to a particular Class shall be so recorded upon the books of the Trust and shall be held by the Trustees in trust for the benefit of the holders of Shares of that Class.
Appears in 5 contracts
Samples: Agreement and Declaration of Trust (BMO LGM Frontier Markets Equity Fund), Agreement and Declaration of Trust (BMO LGM Frontier Markets Equity Fund), Agreement and Declaration (EGA Frontier Diversified Core Fund)
Assets Held With Respect to a Particular Class. Separate and distinct records shall be maintained by the Trust for each Class. All consideration received by the Trust for the issue or sale of Shares of a particular Class, together with all assets in which such consideration is invested or reinvested, all income, earnings, profits, 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 in such separate and distinct records (directly or indirectly, including through a nominee or otherwise) and accounted for in such separate and distinct records separately from the other assets of the Trust and may be referred to herein as “"assets belonging to” " that Class. If the Trust establishes more than one Class of Shares, the assets belonging to the Trust shall be allocated to each Class in the proportion that the assets belonging to the Class bears to the assets of all Classes within the Trust. Each such allocation shall be conclusive and binding upon the Shareholders of all Classes for all purposes, and such assets, income, earnings, profits or funds, or payments and proceeds with respect thereto shall be assets belonging to that Class, as the case may be. The assets belonging to a particular Class shall be so recorded upon the books of the Trust and shall be held by the Trustees in trust for the benefit of the holders of Shares of that Class.
Appears in 3 contracts
Samples: Agreement and Declaration (Winton Diversified Opportunities Fund), Agreement and Declaration of Trust (O'Connor EQUUS), Winton Diversified Opportunities Fund
Assets Held With Respect to a Particular Class. Separate and distinct records shall be maintained by the Trust for each Class. All consideration received by the Trust for the issue or sale of Shares of a particular Class, together with all assets in which such consideration is invested or reinvested, all income, earnings, profits, and proceeds thereof, including from whatever source derived, including, without limitation, any proceeds derived from the sale, exchange exchange, or liquidation of such assets, and any funds or payments derived from any reinvestment of such proceeds proceeds, in whatever form the same may be, shall irrevocably be held in such separate with respect to that Class for all purposes, subject only to the rights of creditors with respect to that Class, and distinct records (directly or indirectlyshall be so recorded upon the books of account of the Trust. Such consideration, including through a nominee or otherwise) assets, income, earnings, profits, and accounted for in such separate and distinct records separately proceeds thereof, from whatever source derived, including, without limitation, any proceeds derived from the other assets sale, exchange, or liquidation of such assets, and any funds or payments derived from any reinvestment of such proceeds, in whatever form the Trust and same may be be, are herein referred to herein as “"assets belonging held with respect to” " that Class. If In the Trust establishes more than one event that there are any assets, income, earnings, profits and proceeds thereof, funds, or payments which are not readily identifiable as assets held with respect to any particular Class of Shares(collectively "General Assets"), the assets belonging Board of Trustees, or an appropriate officer as determined by the Board of Trustees, shall allocate such General Assets to, between, or among any one or more of the Classes in such manner and on such basis as the Board of Trustees, in its sole discretion, deems fair and equitable, and any General Asset so allocated to the Trust a particular Class shall be allocated held with respect to each Class in the proportion that the assets belonging to the Class bears to the assets of all Classes within the TrustClass. Each such allocation by or under the direction of the Board of Trustees shall be conclusive and binding upon the Shareholders of all Classes for all purposes, and such assets, income, earnings, profits or funds, or payments and proceeds with respect thereto shall be assets belonging to that Class, as the case may be. The assets belonging to a particular Class shall be so recorded upon the books of the Trust and shall be held by the Trustees in trust for the benefit of the holders of Shares of that Class.
Appears in 2 contracts
Samples: Agreement and Declaration of Trust (USQ Core Real Estate Fund), Agreement And (USQ Core Real Estate Fund)
Assets Held With Respect to a Particular Class. Separate and distinct records shall be maintained by the Trust for each Class. All consideration received by the Trust for the issue or sale of Shares of a particular Class, together with all assets in which such consideration is invested or reinvested, all income, earnings, profits, and proceeds thereof, including from whatever source derived, including, without limitation, any proceeds derived from the sale, exchange exchange, or liquidation of such assets, and any funds or payments derived from any reinvestment of such proceeds proceeds, in whatever form the same may be, shall irrevocably be held in such separate with respect to that Class for all purposes, subject only to the rights of creditors with respect to that Class, and distinct records (directly or indirectlyshall be so recorded upon the books of account of the Trust. Such consideration, including through a nominee or otherwise) assets, income, earnings, profits, and accounted for in such separate and distinct records separately proceeds thereof, from whatever source derived, including, without limitation, any proceeds derived from the other assets sale, exchange, or liquidation of such assets, and any funds or payments derived from any reinvestment of such proceeds, in whatever form the Trust and same may be be, are herein referred to herein as “assets belonging held with respect to” that Class. If In the Trust establishes more than one event that there are any assets, income, earnings, profits and proceeds thereof, funds, or payments which are not readily identifiable as assets held with respect to any particular Class of Shares(collectively “General Assets”), the assets belonging Board of Trustees, or an appropriate officer as determined by the Board of Trustees, shall allocate such General Assets to, between, or among any one or more of the Classes in such manner and on such basis as the Board of Trustees, in its sole discretion, deems fair and equitable, and any General Asset so allocated to the Trust a particular Class shall be allocated held with respect to each Class in the proportion that the assets belonging to the Class bears to the assets of all Classes within the TrustClass. Each such allocation by or under the direction of the Board of Trustees shall be conclusive and binding upon the Shareholders of all Classes for all purposes, and such assets, income, earnings, profits or funds, or payments and proceeds with respect thereto shall be assets belonging to that Class, as the case may be. The assets belonging to a particular Class shall be so recorded upon the books of the Trust and shall be held by the Trustees in trust for the benefit of the holders of Shares of that Class.
Appears in 2 contracts
Samples: Agreement and Declaration of Trust (GuideMark Alternative Lending Income Fund), Agreement and Declaration (GuideMark Alternative Lending Income Fund)