Derivative Actions. (a) No person, other than a Trustee, who is not a Shareholder shall be entitled to bring any derivative action, suit or other proceeding on behalf of the Trust. No Shareholder may maintain a derivative action on behalf of the Trust unless holders of at least ten percent (10%) of the outstanding Shares join in the bringing of such action.
Appears in 33 contracts
Samples: Franklin BSP Real Estate Debt BDC (Franklin BSP Real Estate Debt BDC), Agreement and Declaration (Middle Market Apollo Institutional Private Lending), Real Estate Credit BDC (Franklin BSP Real Estate Credit BDC)
Derivative Actions. (a) No person, other than a Trustee, who is not a Shareholder shall be entitled to bring any derivative action, suit or other proceeding on behalf of the Trust. No Shareholder may maintain a derivative action on behalf of the Trust unless holders of at a least ten percent (10%) of the outstanding Shares join in the bringing of such action.
Appears in 15 contracts
Samples: And Restated Agreement and Declaration of Trust (MainStay MacKay DefinedTerm Municipal Opportunities Fund), And Restated Agreement and Declaration of Trust (MainStay MacKay DefinedTerm Municipal Opportunities Fund), Agreement and Declaration of Trust (Blackstone Senior Floating Rate Term Fund)
Derivative Actions. (a1) No person, other than a Trustee, who is not a Shareholder shall be entitled to bring any derivative action, suit or other proceeding on behalf of the Trust. No Shareholder may maintain a derivative action on behalf of the Trust with respect to such Class unless holders of at a least ten percent (10%) of the outstanding Shares join in the bringing of such action.
Appears in 9 contracts
Samples: Agreement and Declaration of Trust (Bluestone Community Development Fund), Agreement and Declaration of Trust (Bluestone Community Development Fund), Agreement and Declaration of Trust (Bluestone Community Development Fund)
Derivative Actions. (a) No person, other than a Trustee, Person who is not a Shareholder shall be entitled to bring any derivative action, suit or other proceeding on behalf of the Trust. No Shareholder may maintain a derivative action on behalf of the Trust unless holders of at least ten twenty percent (1020%) of the outstanding Shares join in the bringing of such action.
Appears in 8 contracts
Samples: Trust Agreement (Nuveen Diversified Commodity Fund), Trust Agreement (Nuveen Long/Short Commodity Total Return Fund), Trust Agreement (Nuveen Long/Short Commodity Total Return Fund)
Derivative Actions. (a1) No person, other than a Trustee, who is not a Shareholder shall be entitled to bring any derivative action, suit or other proceeding on behalf of the Trust. No Shareholder may maintain a derivative action on behalf of the Trust with respect to such Class unless holders of at least ten percent (10%) of the outstanding Shares join in the bringing of such action.
Appears in 6 contracts
Samples: Agreement and Declaration (Delaware Wilshire Private Markets Fund), Agreement and Declaration of Trust (Delaware Wilshire Private Markets Tender Fund), Agreement and Declaration (Delaware Wilshire Private Markets Fund)
Derivative Actions. (a) a. No person, other than a Trustee, person who is not a Shareholder shall be entitled to bring any derivative action, suit or other proceeding on behalf of the Trust. No Shareholder may maintain a derivative action on behalf of the Trust unless holders of at least ten percent (10%) of the outstanding Shares join in the bringing of such action.
Appears in 5 contracts
Samples: Trust and Trust Agreement (Invesco Galaxy Ethereum ETF), And Trust Agreement (Invesco Galaxy Ethereum ETF), Trust and Trust Agreement (Invesco Galaxy Bitcoin ETF)
Derivative Actions. (a) No person, other than a Trustee, who is not a Shareholder shall be entitled to bring any derivative action, suit or other proceeding on behalf of the Trust. No Shareholder may maintain a derivative action on behalf of the Trust unless holders of at least ten percent (10%) of the outstanding Shares of the Trust, or 10% of the outstanding Shares of a class to which such action relates, join in the bringing of such action.
Appears in 5 contracts
Samples: Agreement and Declaration of Trust (Thornburg Durable Allocation & Income Trust), Agreement and Declaration of Trust (Thornburg Strategic Income Opportunities Trust), Agreement and Declaration of Trust (Thornburg Income Builder Opportunities Trust)
Derivative Actions. (a) No person, other than a Trustee, who is not a Shareholder shall be entitled to bring any derivative action, suit or other proceeding on behalf of the Trust. No Shareholder may maintain a derivative action on behalf of the Trust unless holders of at least ten fifty percent (1050%) of the outstanding Common Shares join in the bringing of such action.
Appears in 5 contracts
Samples: Agreement and Declaration of Trust (Kennedy Lewis Capital Co), Agreement and Declaration of Trust (Kennedy Lewis Capital Co), Agreement and Declaration (Kennedy Lewis Capital Co)
Derivative Actions. (a) No person, other than a Trustee, who is not a Shareholder shall be entitled to bring any derivative action, suit or other proceeding on behalf of the Trust. No Shareholder may maintain a derivative action on behalf of the Trust unless holders of at least ten fifty percent (1050%) of the outstanding Shares join in the bringing of such action.
Appears in 4 contracts
Samples: Agreement and Declaration of Trust (Investcorp US Institutional Private Credit Fund), Agreement and Declaration (Stellus Private Credit BDC), Agreement and Declaration (Kennedy Lewis Capital Co)
Derivative Actions. (a1) No person, other than a Trustee, who is not a Shareholder shall be entitled to bring any derivative action, suit or other proceeding on behalf of the Trust. No Shareholder may maintain a derivative action on behalf of the Trust with respect to such Class unless holders of at least ten percent (10%) of the outstanding Shares join in the bringing of such action, provided, however, that the foregoing 10% requirement shall not apply to claims made under the federal securities laws.
Appears in 3 contracts
Samples: Agreement and Declaration (Wilshire Private Assets Tender Fund), Wilshire Private (Wilshire Private Assets Fund), Agreement and Declaration of Trust (Delaware Wilshire Private Markets Fund)
Derivative Actions. (a) No person, other than a Trustee, person who is not a Shareholder of a particular Fund shall be entitled to bring any derivative action, suit or other proceeding on behalf of the TrustTrust with respect to such Fund. No Shareholder of a Fund may maintain a derivative action on behalf of the Trust with respect to such Fund unless holders of at a least ten percent (10%) of the outstanding Shares of such Fund join in the bringing of such action.
Appears in 3 contracts
Samples: Trust Agreement (Teucrium Commodity Trust), Trust Agreement (Teucrium Commodity Trust), Trust Agreement (Teucrium Commodity Trust)
Derivative Actions. (a) No person, other than a Trustee, who is not a Shareholder shall be entitled to bring any derivative action, suit or other proceeding on behalf of the TrustFund. No Shareholder may maintain a derivative action on behalf of the Trust Fund unless holders of at least ten percent (10%) of the outstanding Shares join in the bringing of such action.
Appears in 3 contracts
Samples: Agreement and Declaration of Trust (AIP Alternative Lending Fund P), Agreement and Declaration of Trust (VanEck Coastland Online Finance Fund), Fund a Agreement and Declaration of Trust (AIP Alternative Lending Fund A)
Derivative Actions. (a) No person, other than a Trustee, person who is not a Shareholder shall be entitled to bring any derivative action, suit or other proceeding on behalf of the TrustFund. No Shareholder may maintain a derivative action on behalf of the Trust Fund unless holders of at least ten percent (10%) of the outstanding Shares join in the bringing of such action.
Appears in 1 contract
Samples: Agreement and Declaration of Trust (VanEck Coastland Online Finance Term Fund)
Derivative Actions. (a1) No person, other than a Trustee, who is not a Shareholder shall be entitled to bring any derivative action, suit suit, or other proceeding on behalf of the Trust. No Shareholder may maintain a derivative action on behalf of the Trust with respect to such Class unless holders of at least ten percent (10%) of the outstanding Shares join in the bringing of such action.
Appears in 1 contract
Samples: Agreement and Declaration of Trust (Emerging Growth & Dividend Reinvestment Fund)
Derivative Actions. (a) No person, other than a Trustee, who is not a Shareholder shall be entitled to bring any derivative action, suit or other proceeding on behalf of the Trust. No Shareholder may maintain a derivative action on behalf of the Trust unless holders of at least ten percent (10%) of the outstanding Shares join in the bringing of such action. This Section 16.3 does not apply to any claim under the U.S. federal securities laws.
Appears in 1 contract
Samples: Agreement and Declaration of Trust (BlackRock Private Credit Fund)
Derivative Actions. (a) No personPerson, other than a Trustee, who is not a Shareholder shall be entitled to bring any derivative action, suit or other proceeding on behalf of the Trust. No Shareholder may maintain a derivative action on behalf of the Trust unless holders of at least ten fifty percent (1050%) of the outstanding Shares join in the bringing of such action.
Appears in 1 contract
Derivative Actions. (a) No person, other than a Trustee, Person who is not a Shareholder shall be entitled to bring any derivative action, suit or other proceeding on behalf of the Trust. No Shareholder may maintain a derivative action on behalf of the Trust unless holders of at least ten percent (10%) of the outstanding Shares join in the bringing of such action.
Appears in 1 contract
Samples: Trust Agreement (J.P. Morgan Physical Copper Trust)
Derivative Actions. (a) No person, other than a Trustee, who is not a Shareholder shall be entitled to bring any derivative action, suit or other proceeding on behalf of the TrustCompany. No Shareholder may maintain a derivative action on behalf of the Trust Company unless holders of at least ten percent (10%) of the outstanding Shares join in the bringing of such action. The provision in the foregoing sentence does not apply to claims arising under the federal securities laws.
Appears in 1 contract
Samples: Bain Capital Private Credit
Derivative Actions. (a) No person, other than a Trustee, who is not a Shareholder shall be entitled to bring any derivative action, suit or other proceeding on behalf of the Trust. No Shareholder may maintain a derivative action on behalf of the Trust unless holders of at least ten percent (10%) 50% of the outstanding Shares join in the bringing of such action.
Appears in 1 contract
Samples: Agreement and Declaration of Trust (Overland Advantage)
Derivative Actions. (a) No person, other than a Trustee, who is not a Shareholder shall be entitled to bring any derivative action, suit or other proceeding on behalf of the TrustCompany. No Shareholder may maintain a derivative action on behalf of the Trust Company unless holders of at least ten percent (10%) of the outstanding Shares join in the bringing of such action. This Section 16.3 does not apply to any claim under the U.S. federal securities laws.
Appears in 1 contract
Samples: Agreement and Declaration of Trust (BlackRock Private Credit Fund)
