Assets Held With Respect to a Particular Series or Class. All consideration received by the Trust for the issuance or sale of Shares of a particular Series (or class), together with all assets in which such consideration is invested or reinvested, all income, earnings and profits thereon, and the proceeds thereof, 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 irrevocably be held with respect to that Series (or class) 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. All such consideration, assets, income, earnings, profits and proceeds thereof of a Series (or class), are herein referred to as "assets held with respect to" that Series (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 assets held with respect to any particular Series (or class) (collectively "General Assets"), the Trustees shall allocate such General Assets to, between or among any one or more of the Series (or classes) in such manner and on such basis as the Trustees, in their sole discretion, deem fair and equitable, and any General Assets so allocated to a particular Series (or class) shall be assets held with respect to that Series (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 15 contracts
Samples: Agreement and Declaration of Trust (Fiera Capital Series Trust), Agreement and Declaration of Trust (Fiera Capital Series Trust), Agreement and Declaration of Trust (Arden Investment Series Trust)
Assets Held With Respect to a Particular Series or Class. All consideration received by the Trust Fund for the issuance issue or sale of Shares of a particular Series (or class), together with all assets in which such consideration is invested or reinvested, all income, earnings and profits thereonearnings, profits, and the proceeds thereof, thereof 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 irrevocably be held with such separate and distinct records with respect to that Series (or class) class for all purposespurposes (directly or indirectly, including through a nominee or otherwise), subject only to the rights of creditors of such Serieswith respect to that Series or class, and shall be so recorded upon accounted for in such separate and distinct records separately from the books of account other assets of the TrustFund. All such Such consideration, assets, income, earnings, profits and proceeds thereof thereof, from whatever source derived, including, without limitation, any proceeds derived from the sale, exchange or liquidation of a Series (such assets, and any funds or class)payments derived from any reinvestment of such proceeds, in whatever form the same may be, are herein referred to as "“assets held with respect to" ” that Series (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 assets held with respect to any particular Series or class (or class) (collectively "collectively, “General Assets"”), the Board of Trustees shall allocate such General Assets to, between or among any one or more of the Series (or classes) classes in such manner and on such basis as the Board of Trustees, in their its sole discretion, deem deems fair and equitable, and any General Assets Asset so allocated to a particular Series (or class) class shall be assets held with respect to that Series (or class). Each such allocation by the Board of Trustees shall be conclusive and binding upon the Shareholders of all Series (and classes) , if any, for all purposes.
Appears in 3 contracts
Samples: Agreement and Declaration of Trust (Dynamic Alternatives Fund), Agreement and Declaration of Trust (Dynamic Alternatives Fund), Trust Agreement (Dynamic Alternatives Fund)
Assets Held With Respect to a Particular Series or Class. All consideration received by the Trust for the issuance or sale of Shares of a particular Series (or class), together with all assets in which such consideration is invested or reinvested, all income, earnings and profits thereon, and the proceeds thereof, 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 irrevocably be held with respect to that Series (or class) 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. All such consideration, assets, income, earnings, profits and proceeds thereof of a Series (or class), are herein referred to as "“assets held with respect to" ” that Series (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 assets held with respect to any particular Series (or class) (collectively "“General Assets"”), the Trustees shall allocate such General Assets to, between or among any one or more of the Series (or classes) in such manner and on such basis as the Trustees, in their sole discretion, deem fair and equitable, and any General Assets so allocated to a particular Series (or class) shall be assets held with respect to that Series (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 (Bluepoint Investment Series Trust)