Common use of Delivery by Electronic Transmission or Otherwise Clause in Contracts

Delivery by Electronic Transmission or Otherwise. Notwithstanding any provision in this Declaration to the contrary, any notice, proxy, vote, consent, report, instrument or writing of any kind or any signature referenced in, or contemplated by, this Declaration or the By-laws may, in the sole discretion of the Trustees, be given, granted or otherwise delivered by electronic transmission (within the meaning of the Delaware Statutory Trust Statute), including via the internet, or in any other manner permitted by applicable law.

Appears in 17 contracts

Samples: Agreement and Declaration of Trust (Onex Direct Lending BDC Fund), Agreement and Declaration of Trust (Wellings Real Estate Income Fund), Agreement and Declaration of Trust (Investcorp US Institutional Private Credit Fund)

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Delivery by Electronic Transmission or Otherwise. Notwithstanding any provision in this Declaration to the contrary, any notice, proxy, vote, consent, report, instrument or writing of any kind or any signature referenced in, or contemplated by, this Declaration or the By-laws may, in the sole discretion of the Trustees, be given, granted or otherwise delivered by electronic transmission (within the meaning of the Delaware Statutory Trust StatuteAct), including via the internet, or in any other manner permitted by applicable law.

Appears in 12 contracts

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

Delivery by Electronic Transmission or Otherwise. Notwithstanding any provision in this Declaration to the contrary, any notice, proxy, vote, consent, report, instrument or writing of any kind or any signature referenced in, or contemplated by, this Declaration or the By-laws Laws may, in the sole discretion of the Trustees, be given, granted or otherwise delivered by electronic transmission (within the meaning of the Delaware Statutory Trust StatuteAct), including via the internet, or in any other manner permitted by applicable law.

Appears in 9 contracts

Samples: Agreement and Declaration of Trust (83 Investment Group Income Fund), Declaration and Agreement of Trust (Coatue CTEK Fund), Agreement and Declaration of Trust (83 Investment Group Income Fund)

Delivery by Electronic Transmission or Otherwise. Notwithstanding any provision in this Declaration to the contrary, any notice, proxy, vote, consent, report, instrument or writing of any kind or any signature referenced in, or contemplated by, this Declaration or the By-laws Laws may, in the sole discretion of the Trustees, be given, granted or otherwise delivered by electronic transmission (within the meaning of the Delaware Statutory Trust Statute), including via the internet, or in any other manner permitted by applicable law.

Appears in 8 contracts

Samples: Agreement and Declaration of Trust (Kennedy Lewis Capital Co), Agreement and Declaration of Trust (Kennedy Lewis Capital Co), Agreement and Declaration of Trust (Kennedy Lewis Capital Co)

Delivery by Electronic Transmission or Otherwise. Notwithstanding any provision in this Declaration to the contrary, any notice, proxy, vote, consent, report, instrument or writing of any kind or any signature referenced in, or contemplated by, this Declaration or the By-laws may, in the sole discretion of the Trustees, be given, granted or otherwise delivered by electronic transmission (within the meaning of the Delaware Statutory Trust Statute), including via the internet, or in any other manner permitted by applicable law.

Appears in 7 contracts

Samples: Agreement and Declaration of Trust (Blackstone Senior Floating Rate Term Fund), Agreement and Declaration of Trust (Blackstone Senior Floating Rate Term Fund), Agreement and Declaration of Trust (Blackstone / GSO Floating Rate High Income Fund)

Delivery by Electronic Transmission or Otherwise. Notwithstanding any provision in this Declaration to the contrary, any notice, proxy, vote, consent, report, instrument or writing of any kind or any signature referenced in, or contemplated by, this Declaration or the By-laws may, in the sole discretion of as determined by the Trustees, be given, granted or otherwise delivered by electronic transmission (within the meaning of the Delaware Statutory Trust StatuteAct), including via the internet, or in any other manner permitted by applicable law.

Appears in 5 contracts

Samples: Agreement and Declaration of Trust (A&Q Masters Fund), Agreement and Declaration of Trust (A&Q Multi-Strategy Fund), Agreement and Declaration of Trust (O'Connor Fund of Funds: Masters)

Delivery by Electronic Transmission or Otherwise. Notwithstanding any provision in this Declaration to the contrary, to the fullest extent permitted by law, any notice, proxy, vote, consent, report, instrument or writing of any kind or any signature referenced in, or contemplated by, this Declaration or the By-laws Laws may, in the sole discretion of the Trustees, be given, granted or otherwise delivered by electronic transmission (within the meaning of the Delaware Statutory Trust Statute), including via the internet, by a document publicly filed with the Securities and Exchange Commission or in any other manner permitted by applicable law.

Appears in 4 contracts

Samples: Agreement and Declaration of Trust (Franklin BSP Real Estate Debt BDC), Agreement and Declaration of Trust (Middle Market Apollo Institutional Private Lending), Agreement and Declaration of Trust (Franklin BSP Real Estate Credit BDC)

Delivery by Electronic Transmission or Otherwise. Notwithstanding any provision in this Declaration to the contrary, any notice, proxy, vote, consent, report, instrument or writing of any kind or any signature referenced in, or contemplated by, this Declaration or the By-laws Laws may, in the sole discretion of the Trustees, be given, granted or otherwise delivered by electronic transmission (within the meaning of the Delaware Statutory Trust StatuteDSTA), including via the internet, or in any other manner permitted by applicable law.

Appears in 3 contracts

Samples: Agreement and Declaration of Trust (Carlyle Secured Lending III), Agreement and Declaration of Trust (Carlyle Secured Lending III), Transaction Agreement (Vertical Capital Income Fund)

Delivery by Electronic Transmission or Otherwise. Notwithstanding any provision in this Declaration to the contrary, any notice, proxy, vote, consent, report, instrument or writing of any kind or any signature referenced in, or contemplated by, this Declaration or the By-laws Bylaws may, in the sole discretion of the Trustees, be given, granted or otherwise delivered by electronic transmission (within the meaning of the Delaware Statutory Trust StatuteAct), including via the internet, or in any other manner permitted by applicable law.

Appears in 3 contracts

Samples: Agreement and Declaration of Trust (Prospect Enhanced Yield Fund), Declaration and Agreement of Trust (Entoro Gray Swan Fund), Declaration and Agreement of Trust (Entoro Gray Swan Fund)

Delivery by Electronic Transmission or Otherwise. Notwithstanding any provision in this Declaration to the contrary, any notice, proxy, vote, consent, report, instrument or writing of any kind or any signature referenced in, or contemplated by, this Declaration or the By-laws Laws may, in the sole discretion of the Trustees, be given, granted or otherwise delivered by electronic transmission (within the meaning of the Delaware Statutory Trust StatuteAct), including via the internet, or in any other manner permitted by applicable law, and can include electronic signatures (within the meaning of the Delaware Act).

Appears in 2 contracts

Samples: Agreement and Declaration of Trust (PGIM Credit Income Fund), Agreement and Declaration of Trust (PGIM Credit Income Fund)

Delivery by Electronic Transmission or Otherwise. Notwithstanding any provision in this Declaration to the contrary, to the fullest extent permitted by law, any notice, proxy, vote, consent, report, instrument or writing of any kind or any signature referenced in, or contemplated by, this Declaration or the By-laws may, in the sole discretion of the Trustees, be given, granted or otherwise delivered by electronic transmission (within the meaning of the Delaware Statutory Trust Statute), including via the internet, by a document publicly filed with the Securities and Exchange Commission or in any other manner permitted by applicable law.

Appears in 2 contracts

Samples: Agreement and Declaration of Trust (Overland Advantage), Agreement and Declaration of Trust (Sixth Street Lending Partners)

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Delivery by Electronic Transmission or Otherwise. Notwithstanding any provision in this Declaration to the contrary, to the fullest extent permitted by law, any notice, proxy, vote, consent, report, instrument or writing of any kind or any signature referenced in, or contemplated by, this Declaration or the By-laws may, in the sole discretion of the Trustees, be given, granted or otherwise delivered by electronic transmission (within the meaning of the Delaware Statutory Trust Statute), including via the internet, by a document publicly filed with the Commission or in any other manner permitted by applicable law.

Appears in 2 contracts

Samples: Agreement and Declaration of Trust (Diameter Credit Co), Agreement and Declaration of Trust (Diameter Credit Co)

Delivery by Electronic Transmission or Otherwise. Notwithstanding any provision in this Declaration to the contrary, any Any notice, proxy, vote, consent, report, instrument or writing of any kind or any signature referenced in, or contemplated by, this Declaration or the By-laws mayLaws, unless the Trustees in the their sole discretion of the Trusteesdetermine otherwise, may be given, granted or otherwise delivered by electronic transmission (within the meaning of the Delaware Statutory Trust Statute), including via the internet, or in any other manner permitted by applicable law.

Appears in 2 contracts

Samples: Agreement and Declaration of Trust (Avenue Income Credit Strategies Fund), Agreement and Declaration of Trust (Avenue Mutual Funds Trust)

Delivery by Electronic Transmission or Otherwise. Notwithstanding any provision in this Declaration to the contrary, any Any notice, proxy, vote, consent, report, instrument or writing of any kind or any signature referenced in, or contemplated by, this Declaration or the By-laws Laws may, in the sole discretion of the Trustees, be given, granted or otherwise delivered by electronic transmission (within the meaning of the Delaware Statutory Trust Statute), including via the internet, or in any other manner permitted by applicable law. Notice directed to a Shareholder by electronic mail or other form of legally permissible electronic transmission shall be transmitted to any address at which the Shareholder receives electronic mail or other electronic transmissions.

Appears in 2 contracts

Samples: Trust Agreement (Pershing Square USA, Ltd.), Agreement and Declaration of Trust (Pershing Square USA, Ltd.)

Delivery by Electronic Transmission or Otherwise. Notwithstanding any provision in this Declaration to the contrary, any notice, proxy, vote, consent, report, instrument or writing of any kind or any signature referenced in, or contemplated by, this Declaration or the By-laws Bylaws may, in the sole discretion of the Trustees, be given, granted or otherwise delivered by electronic transmission (within the meaning of the Delaware Statutory Trust Statute), including via the internet, or in any other manner permitted by applicable law.

Appears in 2 contracts

Samples: Agreement and Declaration of Trust (BIP Ventures Evergreen BDC), Agreement and Declaration of Trust (BIP Evergreen Venture Fund)

Delivery by Electronic Transmission or Otherwise. Notwithstanding any provision in this Declaration to the contrary, any notice, proxy, vote, consent, report, instrument or writing of any kind or any signature referenced in, or contemplated by, this Declaration or the By-laws Bylaws may, in unless the sole discretion of the TrusteesTrustees by resolution determine otherwise, be given, granted or otherwise delivered by electronic transmission (within the meaning of the Delaware Statutory Trust StatuteAct), including via the internet, or in any other manner permitted by applicable law.

Appears in 1 contract

Samples: Agreement and Declaration of Trust (Weiss Strategic Interval Fund)

Delivery by Electronic Transmission or Otherwise. Notwithstanding any provision in this Declaration to the contrary, any notice, proxy, vote, consent, report, instrument or writing of any kind or any signature referenced in, or contemplated by, this Declaration or the By-laws Laws may, in the sole discretion of the Trustees, be given, granted or otherwise delivered by electronic transmission (within the meaning of the Delaware Statutory Trust StatuteAct), including via the internet, or in any other manner permitted by applicable law.

Appears in 1 contract

Samples: Agreement and Declaration of Trust (Morgan Creek Global Funds)

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