Common use of Class Designation Clause in Contracts

Class Designation. The Trustees, in their discretion, may authorize the division of the Shares of any Series of the Trust into two or more Classes, and the different Classes shall be established and designated, and the variations in the relative rights and preferences as between the different Classes shall be fixed and determined, by the Trustees; provided, that all Shares of a particular Class of any Series shall be identical to all other Shares of the same Series as the case may be, except that there may be variations between different Classes as to distribution and service arrangements and related expenses, allocation of expenses, rights of redemption, special and relative rights as to dividends and on liquidation, conversion rights, and conditions under which the several classes shall have separate voting rights. If the Trustees shall divide the Shares of any Series into two or more Classes, the following provisions shall be applicable. (a) All provisions herein relating to the Trust, or any Series of the Trust, shall apply equally to each Class of Shares of the Trust or of any Series of the Trust, except as the context requires otherwise. (b) The number of Shares of each Class that may be issued shall be unlimited. The Trustees may classify or reclassify any Shares or any Series of any Shares into one or more Classes that may be established and designated from time to time. The Trustees may hold as treasury Shares (of the same or some other Class), reissue for such consideration and on such terms as they may determine, or cancel any Shares of any Class reacquired by the Trust at their discretion from time to time. (c) Liabilities, expenses, costs, charges and reserves related to the distribution of, and other identified expenses that should properly be allocated to, the Shares of a particular Class may be charged to and borne solely by such Class and the bearing of expenses solely by a Class of Shares may be appropriately reflected (in a manner determined by the Trustees) and cause differences in the net asset value attributable to, and the dividend, redemption and liquidation rights of, the Shares of different classes. Each allocation of liabilities, expenses, costs, charges and reserves by the Trustees shall be conclusive and binding upon the Shareholders of all Classes for all purposes. (d) The establishment and designation of any new Class of Shares shall be effected by a resolution of the Board of Trustees. Upon such establishment and designation of any new Class, an officer of the Trust shall reduce any such resolution to writing, certify to the content of the resolution, and take appropriate steps to update the Trust’s books and records and other applicable Trust documents to implement and reflect such action.

Appears in 3 contracts

Samples: Agreement and Declaration of Trust (Pacific Select Fund), Agreement and Declaration of Trust (Pacific Select Fund), Agreement and Declaration of Trust (Pacific Select Fund)

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Class Designation. The Trustees, in their discretion, may authorize the division of the Shares of any Series of the Trust or the Shares of any Series, into two or more Classes, and the different Classes shall be established and designated, and the variations in the relative rights and preferences as between the different Classes shall be fixed and determined, by the Trustees; provided, that all Shares of a particular Class the Trust or of any Series shall be identical to all other Shares of the Trust or the same Series Series, as the case may be, except that there may be variations between different Classes as to distribution and service arrangements and related expenses, allocation of expenses, rights right of redemption, special and relative rights as to dividends dividends, and on liquidation, conversion rights, and conditions under which the several classes Classes shall have separate voting rights. All references to Shares in this Declaration shall be deemed to be Shares of any or all Classes as the context may require. If the Trustees shall divide the Shares of the Trust or any Series into two or more Classes, the following provisions shall be applicable.: (a) All provisions herein relating to the Trust, or any Series of the Trust, shall apply equally to each Class of Shares of the Trust or of any Series of the Trust, except as the context requires otherwise. (b) The number of Shares of each Class that may be issued shall be unlimited. The Trustees may classify or reclassify any unissued Shares of the Trust or any Series or any Shares previously issued and reacquired of any Shares Class of the Trust or of any Series into one or more Classes that may be established and designated from time to time. The Trustees may hold as treasury Shares (of the same or some other Class), reissue for such consideration and on such terms as they may determine, or cancel any Shares of any Class reacquired by the Trust at their discretion from time to time. (c) Liabilities, expenses, costs, charges and reserves related to the distribution of, and other identified expenses that should properly be allocated to, the Shares of a particular Class may be charged to and borne solely by such Class Class, and the bearing of expenses solely by a Class of Shares may be appropriately reflected (in a manner determined by the Trustees) and cause differences in the net asset value attributable to, and the dividend, redemption and liquidation rights of, the Shares of different classesClasses. Each allocation of liabilities, expenses, costs, charges and reserves by the Trustees shall be conclusive and binding upon the Shareholders of all Classes classes for all purposes. (d) . The establishment and designation of any new Class of Shares shall be effected by effective upon the execution of a resolution majority of the Board then Trustees of Trustees. Upon an instrument setting forth such establishment and designation and the relative rights and preferences of any new such Class, or as otherwise provided in such instrument. The Trustees may, by an officer instrument executed by a majority of their number, abolish any Class and the Trust establishment and designation thereof. Each instrument referred to in this paragraph shall reduce any such resolution have the status of an amendment to writing, certify to the content of the resolution, and take appropriate steps to update the Trust’s books and records and other applicable Trust documents to implement and reflect such actionthis Declaration.

Appears in 2 contracts

Samples: Agreement and Declaration of Trust (Pimco Funds Equity Advisors Series), Agreement and Declaration of Trust (Pimco Advisors Institutional Funds)

Class Designation. The Trustees, in their discretion, may authorize the division of the Shares of any Series of the Trust into two or more Classes, and the different Classes shall be established and designated, and the variations in the relative rights and preferences as between the different Classes shall be fixed and determined, by the Trustees; provided, that all Shares of a particular Class of any Series shall be identical to all other Shares of the same Series as the case may be, except that there may be variations between different Classes as to distribution and service arrangements and related expenses, allocation of expenses, rights of redemption, special and relative rights as to dividends and on liquidation, conversion rights, and conditions under which the several classes shall have separate voting rights. If the Trustees shall divide the Shares of any Series into two or more Classes, the following provisions shall be applicable. (a) All provisions herein relating to the Trust, or any Series of the Trust, shall apply equally to each Class of Shares of the Trust or of any Series of the Trust, except as the context requires otherwise. (b) The number of Shares of each Class that may be issued shall be unlimited. The Trustees may classify or reclassify any Shares or any Series of any Shares into one or more Classes that may be established and designated from time to time. The Trustees may hold as treasury Shares (of the same or some other Class), reissue for such consideration and on such terms as they may determine, or cancel any Shares of any Class reacquired by the Trust at their discretion from time to time. (c) Liabilities, expenses, costs, charges and reserves related to the distribution of, and other identified expenses that should properly be allocated to, the Shares of a particular Class may be charged to and borne solely by such Class and the bearing of expenses solely by a Class of Shares may be appropriately reflected (in a manner determined by the Trustees) and cause differences in the net asset value attributable to, and the dividend, redemption and liquidation rights of, the Shares of different classes. Each allocation of liabilities, expenses, costs, charges and reserves by the Trustees shall be conclusive and binding upon the Shareholders of all Classes for all purposes. (d) The establishment and designation of any new Class of Shares shall be effected by a resolution of the Board of Trustees. Upon such establishment and designation of any new Class, an officer of the Trust shall reduce any such resolution to writing, certify to the content of the resolution, and take file with the Commonwealth of Massachusetts an appropriate steps notification of such newly established and designated Class. The failure to update file a notification regarding the Trust’s books establishment and records designation of any Class with the Commonwealth of Massachusetts shall not affect the validity of the establishment and other applicable Trust documents to implement and reflect designation of such actionClass.

Appears in 2 contracts

Samples: Agreement and Declaration of Trust (Pacific Select Fund), Agreement and Declaration of Trust (GCG Trust)

Class Designation. The Trustees, in their discretion, may ---- ----------------- authorize the division of the Shares of any Series of the Trust into two or more Classes, and the different Classes shall be established and designated, and the variations in the relative rights and preferences as between the different Classes shall be fixed and determined, by the Trustees; provided, that all Shares of a particular Class of any Series shall be identical to all other Shares of the same Series as the case may be, except that there may be variations between different Classes as to distribution and service arrangements and related expenses, allocation of expenses, rights of redemption, special and relative rights as to dividends and on liquidation, conversion rights, and conditions under which the several classes shall have separate voting rights. If the Trustees shall divide the Shares of any Series into two or more Classes, the following provisions shall be applicable. (a) All provisions herein relating to the Trust, or any Series of the Trust, shall apply equally to each Class of Shares of the Trust or of any Series of the Trust, except as the context requires otherwise. (b) The number of Shares of each Class that may be issued shall be unlimited. The Trustees may classify or reclassify any Shares or any Series of any Shares into one or more Classes that may be established and designated from time to time. The Trustees may hold as treasury Shares (of the same or some other Class), reissue for such consideration and on such terms as they may determine, or cancel any Shares of any Class reacquired by the Trust at their discretion from time to time. (c) Liabilities, expenses, costs, charges and reserves related to the distribution of, and other identified expenses that should properly be allocated to, the Shares of a particular Class may be charged to and borne solely by such Class and the bearing of expenses solely by a Class of Shares may be appropriately reflected (in a manner determined by the Trustees) and cause differences in the net asset value attributable to, and the dividend, redemption and liquidation rights of, the Shares of different classes. Each allocation of liabilities, expenses, costs, charges and reserves by the Trustees shall be conclusive and binding upon the Shareholders of all Classes for all purposes. (d) The establishment and designation of any new Class of Shares shall be effected by a resolution of the Board of Trustees. Upon such establishment and designation of any new Class, an officer of the Trust shall reduce any such resolution to writing, certify to the content of the resolution, and take file with the Commonwealth of Massachusetts an appropriate steps notification of such newly established and designated Class. The failure to update file a notification regarding the Trust’s books establishment and records designation of any Class with the Commonwealth of Massachusetts shall not affect the validity of the establishment and other applicable Trust documents to implement and reflect designation of such actionClass.

Appears in 1 contract

Samples: Agreement and Declaration of Trust (Pacific Select Fund)

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Class Designation. The Trustees, in their discretion, may authorize the division of the Shares of the Trust, or, if any Series be established, the Shares of the Trust any Series, into two or more Classes, and the different Classes shall be established and designated, and the variations in the relative rights and preferences as between the different Classes shall be fixed and determined, by the Trustees; provided, that all Shares of a particular Class the Trust or of any Series shall be identical to all other Shares of the Trust or the same Series Series, as the case may be, except that there may be variations between different Classes as to distribution and service arrangements and related expenses, allocation of expenses, rights right of redemption, special and relative rights as to dividends and on liquidation, conversion rights, and conditions under which the several classes Classes shall have separate voting rights. All references to Shares in this Declaration of Trust shall be deemed to be Shares of any or all Classes as the context may require. If the Trustees shall divide the Shares of the Trust or any Series into two or more Classes, the following provisions shall be applicable.: (a) All provisions herein relating to the Trust, or any Series of the Trust, shall apply equally to each Class of Shares of the Trust or of any Series of the Trust, except as the context requires otherwise. (b) The number of Shares of each Class that may be issued shall be unlimited. The Trustees trustees may classify or reclassify any unissued Shares of the Trust or any Series or any Shares previously issued and reacquired of any Shares Class of the Trust or of any Series into one or more Classes that may be established and designated from time to time. The Trustees may hold as treasury Shares (of the same or some other Class), reissue for such consideration and on such terms as they may determine, or cancel any Shares of any Class reacquired by the Trust at their discretion from time to time. (c) Liabilities, expenses, costs, charges charges, and reserves related to the distribution of, and other identified expenses that should properly be allocated to, the Shares of a particular Class may be charged to and borne solely by such Class and the bearing of expenses solely by a Class of Shares may be appropriately reflected (in a manner determined by the Trustees) and cause differences in the net asset value attributable to, and the dividend, redemption redemption, and liquidation rights of, the Shares of different classesClasses. Each allocation of liabilities, expenses, costs, charges and reserves by the Trustees shall be conclusive and binding upon the Shareholders of all Classes for all purposes. (d) The establishment and designation of any new Class of Shares shall be effected by effective upon the execution of a resolution majority of the Board Trustees of Trustees. Upon an instrument setting forth such establishment and designation and the relative rights and preferences of any new such Class, or as otherwise provided in such instrument. The Trustees may, by an officer instrument executed by a majority of their number, abolish any Class and the Trust establishment and designation thereof. Each instrument referred to in this paragraph shall reduce any such resolution have the status of an amendment to writing, certify to the content this Declaration of the resolution, and take appropriate steps to update the Trust’s books and records and other applicable Trust documents to implement and reflect such action.

Appears in 1 contract

Samples: Agreement and Declaration of Trust (Benham Manager Funds)

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