By Whom Determined Sample Clauses

By Whom Determined. (a) Subject to applicable federal law, including the 1940 Act, and Article VI hereof, the Trustees, in their sole discretion, may prescribe (and delegate to any officer of the Trust or any other Person or Persons the right and obligation to prescribe) such bases and time (including any methodology or plan) for determining the per Share or net asset value of the Common Shares of the Trust or any series or classes thereof or net income attributable to the Common Shares of the Trust or any series or classes thereof, or the declaration and payment of dividends and distributions on the Shares of the Trust or any series or classes thereof and the method of determining the Shareholders to whom dividends and distributions are payable, as they may deem necessary or desirable. The Trustees may suspend the determination of net asset value to the extent permitted by the 1940 Act or the regulations and orders from time to time in effect thereunder.
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By Whom Determined. Subject to the provisions of Section 3.04 of this Article FIFTH, the Board of Trustees shall have the power and duty to determine from time to time the net asset value per share of the outstanding Shares of each series or class authorized by the Board of Trustees and any such determination shall be binding on all parties.
By Whom Determined. The Trustees shall have the power and duty to determine from time to time the net asset value per share of the Shares of each Series. They may appoint one or more Persons to assist them in the determination of the value of securities in the portfolio of each Series and to make the actual calculations pursuant to their directions. Any determination made pursuant to this Article VII shall be binding on all parties concerned.
By Whom Determined. 7 3.02 When Determined......................................7 3.03 Suspension of Determination of Net Asset Value.......7 3.04 Computation of Per Share Net Asset Value.............8 3.05 Miscellaneous........................................8
By Whom Determined. (a) Subject to applicable federal law, including the 1940 Act, and Article VI hereof, the Trustees, in their sole discretion, may prescribe (and delegate to any officer of the Trust or any other Person or Persons the right and obligation to prescribe) such bases and time (including any methodology or plan) for determining the net asset value per Share or net asset value of the Common Shares of the Trust (or any other securities of the Trust) or any series or classes thereof or net income attributable to the Common Shares of the Trust or any Series or Classes thereof (or any other securities of the Trust), or the declaration and payment of dividends and distributions on the Shares of the Trust or any Series or Classes thereof (or any other securities of the Trust) and the method of determining the Shareholders to whom dividends and distributions are payable, as they may deem necessary or desirable. The Trustees may suspend the determination of net asset value to the extent permitted by the 1940 Act or the regulations and orders from time to time in effect thereunder.

Related to By Whom Determined

  • Good Faith Determination The Company shall from time to time make the good faith determination whether or not it is practicable for the Company to obtain and maintain a policy or policies of insurance with reputable insurance companies providing the officers and directors of the Company with coverage for losses incurred in connection with their services to the Company or to ensure the Company’s performance of its indemnification obligations under this Agreement.

  • Failure to Determine Values If the Borrower shall fail to determine the value of any Portfolio Investment as at any date pursuant to the requirements of the foregoing sub-clauses (A), (B) or (C), then the “Value” of such Portfolio Investment as at such date shall be deemed to be zero.

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