Common use of Direct Actions Clause in Contracts

Direct Actions. To the fullest extent permitted by Delaware law, the Shareholders’ right to bring direct actions against the Company and/or its Trustees is eliminated, except for a direct action to enforce an individual Shareholder right to vote or a direct action to enforce an individual Shareholder’s rights under Sections 3805(e) or 3819 of the Statutory Trust Act. To the extent such right cannot be eliminated to this extent as a matter of Delaware law, then the conditions required for the bringing of a derivative action pursuant Section 3816 of the Statutory Trust Act shall be equally applicable to bringing a direct action.

Direct Actions. To the fullest extent permitted by Delaware law, the Shareholders’ right to bring direct actions against the Company Trust and/or its Trustees is eliminated, except for a direct action to enforce an individual Shareholder right to vote or a direct action to enforce an individual Shareholder’s rights under Sections 3805(e) or 3819 of the Delaware Statutory Trust Act. To the extent such right cannot be eliminated to this extent as a matter of Delaware law, then the conditions required for the bringing of a derivative action pursuant to Section 3.10 of this Article III and Section 3816 of the Delaware Statutory Trust Act shall be equally applicable to bringing a direct action. This Section 3.11 shall not apply to claims arising under the federal securities laws.

Direct Actions. To the fullest extent permitted by Delaware law, the Shareholders’ right rights to bring direct actions against the Company and/or and its Trustees is eliminated, except for a direct action to enforce an individual Shareholder right to vote hereunder or a direct action to enforce an individual Shareholder’s rights of inspection hereunder or a direct action to enforce an individual Shareholder’s rights under Sections Section 3805(e) or 3819 of the Statutory Trust Act. To the extent such right cannot be eliminated to this extent as a matter of Delaware law, then the conditions required for the bringing of a derivative action pursuant Section 3816 of the Statutory Trust Act shall be equally applicable to bringing a direct action.

Direct Actions. To the fullest extent permitted by Delaware law, the Shareholders’ right to bring direct actions against the Company and/or its Trustees is eliminated, except for a direct action to enforce an individual Shareholder right to vote or a direct action to enforce an individual Shareholder’s rights under Sections 3805(e) or 3819 of the Statutory Trust Act. To the extent such right cannot be eliminated to this extent as a matter of Delaware law, then the conditions required for the bringing of a derivative action pursuant to Section 14.3 of this Declaration of Trust and Section 3816 of the Statutory Trust Act shall be equally applicable to bringing a direct action.

Direct Actions. To the fullest extent permitted by Delaware law, the Shareholders’ right to bring direct actions against the Company Trust and/or its Trustees is eliminated, except for a direct action to enforce an individual Shareholder right to vote or a direct action to enforce an individual Shareholder’s rights under Sections 3805(e) or 3819 of the Delaware Statutory Trust Act. To the extent such right cannot be eliminated to this extent as a matter of Delaware law, then the conditions required for the bringing of a derivative action pursuant to Section 10 of the Declaration and Section 3816 of the Delaware Statutory Trust Act shall be equally applicable to bringing a direct action.

Direct Actions. To the fullest extent permitted by Delaware law, the Shareholders’ right rights to bring direct actions against the Company and/or and its Trustees is eliminated, except for a direct action to enforce an individual Shareholder right to vote hereunder or a direct action to enforce an individual Shareholder’s rights of inspection hereunder or a direct action to enforce an individual Shareholder’s rights under Sections Section 3805(e) or 3819 of the Statutory Trust Act. To the extent such right cannot be eliminated to this extent as a matter of Delaware law, then the conditions required for the bringing of a derivative action pursuant Section 3816 of the Statutory Trust Act shall be equally applicable to bringing a direct action.​