Common use of Dissolution of Trust or Series Clause in Contracts

Dissolution of Trust or Series. Unless dissolved as provided herein, the Trust shall have perpetual existence. The Trust may be dissolved at any time by vote of a majority of the Shares of the Trust entitled to vote or by the Board of Trustees by written notice to the Shareholders. Any Series may be dissolved at any time by vote of a majority of the Shares of that Series or by the Board of Trustees by written notice to the Shareholders of that Series. Upon dissolution of the Trust, the Trustees shall (in accordance with ss. 3808 of the DBTA) pay or make reasonable provision to pay all claims and obligations of the Trust and/or each Series, including all contingent, conditional or unmatured claims and obligations known to the Trust, and all claims and obligations which are known to the Trust but for which the identity of the claimant is unknown. If there are sufficient assets held with respect to the Trust and/or each Series of the Trust, such claims and obligations shall be paid in full and any such provisions for payment shall be made in full. If there are insufficient assets held with respect to the Trust and/or each Series of the Trust, such claims and obligations shall be paid or provided for in accordance with Article III, Section 6, according to their priority and, among claims and obligations of equal priority, ratably to the extent of assets available therefor. Any remaining assets (including without limitation, cash, securities or any combination thereof) held with respect to the Trust and/or each Series of the Trust shall be distributed to the Shareholders of the Trust and/or such Series in accordance with Article III, Section 6, and ratably according to the number of Shares of the Trust and/or such Series held by the several Shareholders on the record date for such dissolution distribution. Upon dissolution of a particular Series, the Trustees shall (in accordance with ss. 3808 of the DBTA) pay or make reasonable provision to pay all claims and obligations of the particular Series, including all contingent, conditional or unmatured claims and obligations known to the Trust, and all claims and obligations which are known to the Trust but for which the identity of the claimant is unknown. If there are sufficient assets held with respect to the particular Series, such claims and obligations shall be paid in full and any such provisions for payment shall be made in full. If there are insufficient assets held with respect to the particular Series, such claims and obligations shall be paid or provided for in accordance with Article III, Section 6, according to their priority and, among claims and obligations of equal priority, ratably to the extent of assets available therefor. Any remaining assets (including without limitation, cash, securities or any combination thereof) held with respect to the particular Series shall be distributed to the Shareholders of the particular Series in accordance with Article III, Section 6, and ratably according to the number of Shares of the particular Series held by the several Shareholders on the record date for such dissolution distribution.

Appears in 2 contracts

Samples: Agreement and Declaration (Fort Pitt Capital Funds), Agreement and Declaration (Igam Group Funds)

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Dissolution of Trust or Series. Unless dissolved as provided herein, the The Trust and each Series shall have perpetual existence. The , except that the Trust may (or a particular Series) shall be dissolved at any time by dissolved: (a) With respect to the Trust, (i) upon the vote of the holders of not less than a majority of the Shares of the Trust entitled to vote cast, or by (ii) at the discretion of the Board of Trustees by either (A) at any time there are no Shares outstanding of the Trust, or (B) upon prior written notice to the Shareholders. Any Series may be dissolved at any time by Shareholders of the Trust; or (b) With respect to a particular Series, (i) upon the vote of the holders of not less than a majority of the Shares of that such Series cast, or by (ii) at the discretion of the Board of Trustees by either (A) at any time there are no Shares outstanding of such Series, or (B) upon prior written notice to the Shareholders of such Series; or (c) With respect to the Trust (or a particular Series), upon the occurrence of a dissolution or termination event pursuant to any other provision of this Declaration of Trust (including Article VIII, Section 2) or the DSTA; or (d) With respect to any Series, upon any event that Seriescauses the dissolution of the Trust. Upon dissolution of the TrustTrust (or a particular Series, as the case may be), the Board of Trustees shall (in accordance with ss. Section 3808 of the DBTADSTA) pay or make reasonable provision to pay all claims and obligations of the Trust and/or each Series (or the particular Series, as the case may be), including all contingent, conditional or unmatured claims and obligations known to the Trust, and all claims and obligations which are known to the Trust Trust, but for which the identity of the claimant is unknown. If there are sufficient assets held with respect to the Trust and/or each Series of the TrustTrust (or the particular Series, as the case may be), such claims and obligations shall be paid in full and any such provisions for payment shall be made in full. If there are insufficient assets held with respect to the Trust and/or each Series of the TrustTrust (or the particular Series, as the case may be), such claims and obligations shall be paid or provided for in accordance with Article III, Section 6, according to their priority and, among claims and obligations of equal priority, ratably to the extent of assets available therefor. Any remaining assets (including including, without limitation, cash, securities or any combination thereof) held with respect to the Trust and/or each Series of the Trust (or the particular Series, as the case may be) shall be distributed to the Shareholders of the Trust and/or such each Series in accordance with Article IIIof the Trust (or the particular Series, Section 6, and as the case may be) ratably according to the number of Shares of the Trust and/or such Series thereof (or the particular Series, as the case may be) held of record by the several Shareholders on the record date for such dissolution distribution. Upon dissolution of a particular Series; provided, however, that if the Trustees shall (in accordance with ss. 3808 Shares of the DBTA) pay Trust or make reasonable provision to pay all claims and obligations of the particular Seriesa Series are divided into Classes thereof, including all contingent, conditional or unmatured claims and obligations known to the Trust, and all claims and obligations which are known to the Trust but for which the identity of the claimant is unknown. If there are sufficient assets held with respect to the particular Series, such claims and obligations shall be paid in full and any such provisions for payment shall be made in full. If there are insufficient assets held with respect to the particular Series, such claims and obligations shall be paid or provided for in accordance with Article III, Section 6, according to their priority and, among claims and obligations of equal priority, ratably to the extent of assets available therefor. Any remaining assets (including including, without limitation, cash, securities or any combination thereof) held with respect to the particular Series Trust or such Series, as applicable, shall be distributed to each Class of the Trust or such Series according to the net asset value computed for such Class and within such particular Class, shall be distributed ratably to the Shareholders of the particular Series in accordance with Article III, Section 6, and ratably such Class according to the number of Shares of the particular Series such Class held of record by the several Shareholders on the record date for such dissolution distribution. Upon the winding up of the Trust in accordance with Section 3808 of the DSTA and its termination, any one (1) Trustee shall execute, and cause to be filed, a certificate of cancellation, with the office of the Secretary of State of the State of Delaware in accordance with the provisions of Section 3810 of the DSTA. Section 2.

Appears in 2 contracts

Samples: Agreement and Declaration (Oppenheimer ETF Trust), Franklin Global Trust

Dissolution of Trust or Series. Unless dissolved as provided herein, the Trust shall have perpetual existence. The Trust may be dissolved at any time by vote of a majority of the Shares of the Trust each Series entitled to vote vote, voting separately by Series, subject to approval of a majority of the Trustees or by approval of a majority of the Board of Trustees by written notice to the Shareholders. Any Series of Shares or Class thereof may be dissolved at any time by vote of a majority of the Shares of that Series or Class entitled to vote, subject to approval by a majority of the Board Trustees or by approval of a majority of the Trustees by written notice to the Shareholders of that SeriesSeries of Shares or Class thereof. Upon dissolution of the TrustTrust (or a particular Series or Class, as the case may be), the Trustees shall (in accordance with ss. Section 3808 of the DBTA) pay or make reasonable provision to pay all claims claims, charges, taxes, expenses, distributions and obligations of each Series (or the Trust and/or each Seriesparticular Series or Class, as the case may be), including all contingent, conditional or unmatured claims claims, charges, taxes, expenses, liabialities, and obligations known to the Trust, and all claims and obligations which are known to the Trust but for which the identity of the claimant is unknown. If there are sufficient assets held with respect to the Trust and/or each Series of the TrustTrust (or the particular Series or Class, as the case may be), such claims and obligations shall be paid in full and any such provisions for payment shall be made in full. If there are insufficient assets held with respect to the Trust and/or each Series of the TrustTrust (or the particular Series or Class, as the case may be), such claims and obligations shall be paid or provided for in accordance with Article III, Section 6, according to their priority and, among claims and obligations of equal priority, ratably to the extent of assets available therefortherefore. Any The Trust shall in accordance with such procedures as the Trustees may consider appropriate reduce the remaining assets of the Trust or if the affected Series or Class distributable in the form of cash or shares (including without limitationif any Series remain) or other securities, cash, securities or in any combination thereof) held with respect to the Trust and/or each Series of the Trust shall be distributed , and distributable proceeds to the Shareholders of the Trust and/or such Series in accordance with Article IIIor Class involved , Section 6, and ratably according to the number of Shares of the Trust and/or such Series or Class held by the several Shareholders of such Series or Class on the record date for such dissolution of distribution. Thereupon, the Trust in any affected Series or Class shall terminate and the Trustees and the Trust shall be discharged of any and all further liabilities and duties relating thereto or arising therefrom, and the right, title, and interest of all parties with respect to the Trust in such Series or Class shall be cancelled and discharged. Upon dissolution termination of a particular Seriesthe Trust, following completion of winding up of its business, the Trustees shall (cause a certificate of cancellation of the Trust's Certificate of Trust to be filed in accordance with ss. 3808 of the DBTA) pay or make reasonable provision to pay all claims and obligations , which certificate of the particular Series, including all contingent, conditional or unmatured claims and obligations known to the Trust, and all claims and obligations which are known to the Trust but for which the identity of the claimant is unknown. If there are sufficient assets held with respect to the particular Series, such claims and obligations shall cancellation may be paid in full and signed by any such provisions for payment shall be made in full. If there are insufficient assets held with respect to the particular Series, such claims and obligations shall be paid or provided for in accordance with Article III, Section 6, according to their priority and, among claims and obligations of equal priority, ratably to the extent of assets available therefor. Any remaining assets (including without limitation, cash, securities or any combination thereof) held with respect to the particular Series shall be distributed to the Shareholders of the particular Series in accordance with Article III, Section 6, and ratably according to the number of Shares of the particular Series held by the several Shareholders on the record date for such dissolution distributionone Trustee.

Appears in 1 contract

Samples: Agreement and Declaration of Trust (Lincoln National Aggressive Growth Fund Inc)

Dissolution of Trust or Series. Unless dissolved as provided herein, the The Trust and each Series shall have perpetual existence. The , except that the Trust may (or a particular Series) shall be dissolved at any time by dissolved: (a) With respect to the Trust, (i) upon the vote of the holders of not less than a majority of the Shares of the Trust entitled to vote cast, or by (ii) at the discretion of the Board of Trustees by either (A) at any time there are no Shares outstanding of the Trust, or (B) upon prior written notice to the Shareholders. Any Series may be dissolved at any time by Shareholders of the Trust; or (b) With respect to a particular Series, (i) upon the vote of the holders of not less than a majority of the Shares of that such Series cast, or by (ii) at the discretion of the Board of Trustees by either (A) at any time there are no Shares outstanding of such Series, or (B) upon prior written notice to the Shareholders of such Series; or (c) With respect to the Trust (or a particular Series), upon the occurrence of a dissolution or termination event pursuant to any other provision of this Declaration of Trust (including Article VIII, Section 2) or the DSTA; or (d) With respect to any Series, upon any event that Seriescauses the dissolution of the Trust. Upon dissolution of the TrustTrust (or a particular Series, as the case may be), the Board of Trustees shall (in accordance with ss. Section 3808 of the DBTADSTA) pay or make reasonable provision to pay all claims and obligations of the Trust and/or each SeriesSeries (or the particular Series , including as the case may be), including, without limitation, all contingent, conditional or unmatured claims and obligations known to the Trust, and all claims and obligations which are known to the Trust Trust, but for which the identity of the claimant is unknown. If there are sufficient assets held with respect to the Trust and/or each Series of the TrustTrust (or the particular Series, as the case may be), such claims and obligations shall be paid in full and any such provisions for payment shall be made in full. If there are insufficient assets held with respect to the Trust and/or each Series of the TrustTrust (or the particular Series, as the case may be), such claims and obligations shall be paid or provided for in accordance with Article III, Section 6, according to their priority and, among claims and obligations of equal priority, ratably to the extent of assets available therefor. Any remaining assets (including , without limitation, cash, securities or any combination thereof) held with respect to the Trust and/or each Series of the Trust (or the particular Series, as the case may be) shall be distributed to the Shareholders of the Trust and/or such each Series in accordance with Article IIIof the Trust (or the particular Series, Section 6, and as the case may be) ratably according to the number of Shares of the Trust and/or such Series thereof (or the particular Series, as the case may be) held of record by the several Shareholders on the record date for such dissolution distribution. Upon dissolution of a particular Series; provided, however, that if the Trustees shall (in accordance with ss. 3808 Shares of the DBTA) pay Trust or make reasonable provision to pay all claims and obligations of the particular Seriesa Series are divided into Classes thereof, including all contingent, conditional or unmatured claims and obligations known to the Trust, and all claims and obligations which are known to the Trust but for which the identity of the claimant is unknown. If there are sufficient assets held with respect to the particular Series, such claims and obligations shall be paid in full and any such provisions for payment shall be made in full. If there are insufficient assets held with respect to the particular Series, such claims and obligations shall be paid or provided for in accordance with Article III, Section 6, according to their priority and, among claims and obligations of equal priority, ratably to the extent of assets available therefor. Any remaining assets (including including, without limitation, cash, securities or any combination thereof) held with respect to the particular Series Trust or such Series, as applicable, shall be distributed to each Class of the Trust or such Series according to the net asset value computed for such Class and within such particular Class, shall be distributed ratably to the Shareholders of the particular Series in accordance with Article III, Section 6, and ratably such Class according to the number of Shares of the particular Series such Class held of record by the several Shareholders on the record date for such dissolution distribution. Upon the winding up of the Trust in accordance with Section 3808 of the DSTA and its termination, any one (1) Trustee shall execute, and cause to be filed, a certificate of cancellation, with the office of the Secretary of State of the State of Delaware in accordance with the provisions of Section 3810 of the DSTA. In connection with the dissolution and liquidation of the Trust or the termination of any Series or any Class, the Trustees may provide for the establishment and utilization of a liquidating trust or similar vehicle. Section 2.

Appears in 1 contract

Samples: Franklin Gold & Precious Metals Fund

Dissolution of Trust or Series. Unless dissolved as provided herein, the The Trust and each Series shall have perpetual existence. The , except that the Trust may (or a particular Series) shall be dissolved at any time by dissolved: (a) With respect to the Trust, (i) upon the vote of the holders of not less than a majority of the Shares of the Trust entitled to vote cast, or by (ii) at the discretion of the Board of Trustees by either (A) at any time there are no Shares outstanding of the Trust, or (B) upon prior written notice to the Shareholders. Any Series may be dissolved at any time by Shareholders of the Trust; or (b) With respect to a particular Series, (i) upon the vote of the holders of not less than a majority of the Shares of that such Series cast, or by (ii) at the discretion of the Board of Trustees by either (A) at any time there are no Shares outstanding of such Series, or (B) upon prior written notice to the Shareholders of such Series; or (c) With respect to the Trust (or a particular Series), upon the occurrence of a dissolution or termination event pursuant to any other provision of this Declaration of Trust (including Article VIII, Section 2) or the DSTA; or (d) With respect to any Series, upon any event that Seriescauses the dissolution of the Trust. Upon dissolution of the TrustTrust (or a particular Series, as the case may be), the Board of Trustees shall (in accordance with ss. Section 3808 of the DBTADSTA) pay or make reasonable provision to pay all claims and obligations of the Trust and/or each Series (or the particular Series, including as the case may be), including, without limitation, all contingent, conditional or unmatured claims and obligations known to the Trust, and all claims and obligations which are known to the Trust Trust, but for which the identity of the claimant is unknown. If there are sufficient assets held with respect to the Trust and/or each Series of the TrustTrust (or the particular Series, as the case may be), such claims and obligations shall be paid in full and any such provisions for payment shall be made in full. If there are insufficient assets held with respect to the Trust and/or each Series of the TrustTrust (or the particular Series, as the case may be), such claims and obligations shall be paid or provided for in accordance with Article III, Section 6, according to their priority and, among claims and obligations of equal priority, ratably to the extent of assets available therefor. Any remaining assets (including including, without limitation, cash, securities or any combination thereof) held with respect to the Trust and/or each Series of the Trust (or the particular Series, as the case may be) shall be distributed to the Shareholders of the Trust and/or such each Series in accordance with Article IIIof the Trust (or the particular Series, Section 6, and as the case may be) ratably according to the number of Shares of the Trust and/or such Series thereof (or the particular Series, as the case may be) held of record by the several Shareholders on the record date for such dissolution distribution. Upon dissolution of a particular Series; provided, however, that if the Trustees shall (in accordance with ss. 3808 Shares of the DBTA) pay Trust or make reasonable provision to pay all claims and obligations of the particular Seriesa Series are divided into Classes thereof, including all contingent, conditional or unmatured claims and obligations known to the Trust, and all claims and obligations which are known to the Trust but for which the identity of the claimant is unknown. If there are sufficient assets held with respect to the particular Series, such claims and obligations shall be paid in full and any such provisions for payment shall be made in full. If there are insufficient assets held with respect to the particular Series, such claims and obligations shall be paid or provided for in accordance with Article III, Section 6, according to their priority and, among claims and obligations of equal priority, ratably to the extent of assets available therefor. Any remaining assets (including including, without limitation, cash, securities or any combination thereof) held with respect to the particular Series Trust or such Series, as applicable, shall be distributed to each Class of the Trust or such Series according to the net asset value computed for such Class and within such particular Class, shall be distributed ratably to the Shareholders of the particular Series in accordance with Article III, Section 6, and ratably such Class according to the number of Shares of the particular Series such Class held of record by the several Shareholders on the record date for such dissolution distribution. Upon the winding up of the Trust in accordance with Section 3808 of the DSTA and its termination, any one (1) Trustee shall execute, and cause to be filed, a certificate of cancellation, with the office of the Secretary of State of the State of Delaware in accordance with the provisions of Section 3810 of the DSTA. In connection with the dissolution and liquidation of the Trust or the termination of any Series or any Class, the Trustees may provide for the establishmen t and utilization of a liquidating trust or similar vehicle. Section 2.

Appears in 1 contract

Samples: Franklin Templeton International Trust

Dissolution of Trust or Series. Unless dissolved as provided herein, the Trust shall have perpetual existence. The Trust may be dissolved at any time by vote of a majority of the Shares of the Trust each Series entitled to vote vote, voting separately by Series, subject to approval of a majority of the Trustees or by approval of a majority of the Board of Trustees by written notice to the Shareholders. Any Series of Shares or Class thereof may be dissolved at any time by vote of a majority of the Shares of that Series or Class entitled to vote, subject to approval by a majority of the Board Trustees or by approval of a majority of the Trustees by written notice to the Shareholders of that SeriesSeries of Shares or Class thereof. Upon dissolution of the TrustTrust (or a particular Series or Class, as the case may be), the Trustees shall (in accordance with ss. § 3808 of the DBTADSTA) pay or make reasonable provision to pay all claims claims, charges, taxes, expenses, distributions and obligations of each Series (or the Trust and/or each Seriesparticular Series or Class, as the case may be), including all contingent, conditional or unmatured claims claims, charges, taxes, expenses, liabilities, and obligations known to the Trust, and all claims and obligations which are known to the Trust but for which the identity of the claimant is unknown. If there are sufficient assets held with respect to the Trust and/or each Series of the TrustTrust (or the particular Series or Class, as the case may be), such claims and obligations shall be paid in full and any such provisions for payment shall be made in full. If there are insufficient assets held with respect to the Trust and/or each Series of the TrustTrust (or the particular Series or Class, as the case may be), such claims and obligations shall be paid or provided for in accordance with Article III, Section 6, according to their priority and, among claims and obligations of equal priority, ratably to the extent of assets available therefortherefore. Any The Trust shall in accordance with such procedures as the Trustees may consider appropriate reduce the remaining assets of the Trust or if the affected Series or Class distributable in the form of cash or shares (including without limitationif any Series remain) or other securities, cash, securities or in any combination thereof) held with respect to the Trust and/or each Series of the Trust shall be distributed , and distributable proceeds to the Shareholders of the Trust and/or such Series in accordance with Article IIIor Class involved , Section 6, and ratably according to the number of Shares of the Trust and/or such Series or Class held by the several Shareholders of such Series or Class on the record date for such dissolution of distribution. Thereupon, the Trust in any affected Series or Class shall terminate and the Trustees and the Trust shall be discharged of any and all further liabilities and duties relating thereto or arising therefrom, and the right, title, and interest of all parties with respect to the Trust in such Series or Class shall be cancelled and discharged. Upon dissolution termination of a particular Seriesthe Trust, following completion of winding up of its business, the Trustees shall (cause a certificate of cancellation of the Trust’s Certificate of Trust to be filed in accordance with ss. 3808 the DSTA, which certificate of the DBTA) pay or make reasonable provision to pay all claims and obligations of the particular Series, including all contingent, conditional or unmatured claims and obligations known to the Trust, and all claims and obligations which are known to the Trust but for which the identity of the claimant is unknown. If there are sufficient assets held with respect to the particular Series, such claims and obligations shall cancellation may be paid in full and signed by any such provisions for payment shall be made in full. If there are insufficient assets held with respect to the particular Series, such claims and obligations shall be paid or provided for in accordance with Article III, Section 6, according to their priority and, among claims and obligations of equal priority, ratably to the extent of assets available therefor. Any remaining assets (including without limitation, cash, securities or any combination thereof) held with respect to the particular Series shall be distributed to the Shareholders of the particular Series in accordance with Article III, Section 6, and ratably according to the number of Shares of the particular Series held by the several Shareholders on the record date for such dissolution distributionone Trustee.

Appears in 1 contract

Samples: Agreement and Declaration (Lincoln Funds Trust)

Dissolution of Trust or Series. Unless dissolved as provided herein, the The Trust and each Series shall have perpetual existence. The , except that the Trust may (or a particular Series) shall be dissolved at any time by dissolved: (a) With respect to the Trust, (i) upon the vote of the holders of not less than a majority of the Shares of the Trust entitled to vote cast, or by (ii) at the discretion of the Board of Trustees by either (A) at any time there are no Shares outstanding of the Trust, or (B) upon prior written notice to the Shareholders. Any Series may be dissolved at any time by Shareholders of the Trust; or (b) With respect to a particular Series, (i) upon the vote of the holders of not less than a majority of the Shares of that such Series cast, or by (ii) at the discretion of the Board of Trustees by either (A) at any time there are no Shares outstanding of such Series, or (B) upon prior written notice to the Shareholders of such Series; or (c) With respect to the Trust (or a particular Series), upon the occurrence of a dissolution or termination event pursuant to any other provision of this Declaration of Trust (including Article VIII, Section 2) or the DSTA; or (d) With respect to any Series, upon any event that Seriescauses the dissolution of the Trust. Upon dissolution of the TrustTrust (or a particular Series, as the case may be), the Board of Trustees shall (in accordance with ss. Section 3808 of the DBTADSTA) shall pay or make reasonable provision to pay all claims and obligations of the Trust and/or each Series (or the particular Series, as the case may be), including all contingent, conditional conditional, or unmatured claims and obligations known to the Trust, and all claims and obligations which that are known to the Trust but for which the identity of the claimant is unknown. If there are sufficient assets held with respect to the Trust and/or each Series of the TrustTrust (or the particular Series, as the case may be), such claims and obligations shall be paid in full and any such provisions for payment shall be made in full. If there are insufficient assets held with respect to the Trust and/or each Series of the TrustTrust (or the particular Series, as the case may be), such claims and obligations shall be paid or provided for in accordance with Article III, Section 6, according to their priority and, among claims and obligations of equal priority, ratably to the extent of assets available therefor. Any remaining assets (including including, without limitation, cash, securities securities, or any combination thereof) held with respect to the Trust and/or each Series of the Trust (or the particular Series, as the case may be) shall be distributed to the Shareholders of the Trust and/or such each Series in accordance with Article IIIof the Trust (or the particular Series, Section 6, and as the case may be) ratably according to the number of Shares of the Trust and/or such Series thereof (or the particular Series, as the case may be) held of record by the several Shareholders on the record date for such dissolution distribution. Upon dissolution of a particular Series; provided, however, that if the Trustees shall (in accordance with ss. 3808 Shares of the DBTA) pay Trust or make reasonable provision to pay all claims and obligations of the particular Seriesa Series are divided into Classes thereof, including all contingent, conditional or unmatured claims and obligations known to the Trust, and all claims and obligations which are known to the Trust but for which the identity of the claimant is unknown. If there are sufficient assets held with respect to the particular Series, such claims and obligations shall be paid in full and any such provisions for payment shall be made in full. If there are insufficient assets held with respect to the particular Series, such claims and obligations shall be paid or provided for in accordance with Article III, Section 6, according to their priority and, among claims and obligations of equal priority, ratably to the extent of assets available therefor. Any remaining assets (including including, without limitation, cash, securities securities, or any combination thereof) held with respect to the particular Series Trust or such Series, as applicable, shall be distributed to each Class of the Trust or such Series according to the net asset value computed for such Class, and within such particular Class, shall be distributed ratably to the Shareholders of the particular Series in accordance with Article III, Section 6, and ratably such Class according to the number of Shares of the particular Series such Class held of record by the several Shareholders on the record date for such dissolution distribution. Upon the completion of the winding up of the Trust in accordance with Section 3808 of the DSTA, any one Trustee shall execute and cause to be filed a certificate of cancellation with the Office of the Secretary of State of the State of Delaware, in accordance with the provisions of Section 3810 of the DSTA. Section 2.

Appears in 1 contract

Samples: Agreement and Declaration (Dfa Investment Trust Co)

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Dissolution of Trust or Series. Unless dissolved as provided herein, the Trust shall have perpetual existence. The Trust may be dissolved at any time by vote of a majority of the outstanding Shares of the Trust entitled to vote or by the Board of Trustees by written notice to the ShareholdersHolders. Any Series may be dissolved at any time by vote of a majority of the outstanding Shares of that the Series or by the Board of Trustees by written notice to the Shareholders Holders of that the Series. Upon dissolution of the Trust, the Trustees shall (in accordance with ss. 3808 of the DBTAAct) pay or make reasonable provision to pay all claims and obligations of the Trust and/or each Series, including all contingent, conditional or unmatured claims and obligations known to the Trust, and all claims and obligations which are known to the Trust but for which the identity of the claimant is unknown. If there are sufficient assets held with respect to the Trust and/or each Series of the Trust, such claims and obligations shall be paid in full and any such provisions for payment shall be made in full. If there are insufficient assets held with respect to the Trust and/or each Series of the Trust, such claims and obligations shall be paid or provided for in accordance with Article III, Section 63.06, according to their priority and, among claims and obligations of equal priority, ratably to the extent of assets available therefor. Any remaining assets (including without limitation, cash, securities or any combination thereof) held with respect to the Trust and/or each Series of the Trust shall be distributed to the Shareholders Holders of the Trust and/or such Series in accordance with Article III, Section 63.06, and ratably according to the number of outstanding Shares of the Trust and/or such Series held by the several Shareholders Holders on the record date for such dissolution distribution. Upon dissolution of a particular Series, the Trustees shall (in accordance with ss. 3808 of the DBTAAct) pay or make reasonable provision to pay all claims and obligations of the particular Series, including all contingent, conditional or unmatured claims and obligations known to the Trust, and all claims and obligations which are known to the Trust but for which the identity of the claimant is unknown. If there are sufficient assets held with respect to the particular Series, such claims and obligations shall be paid in full and any such provisions for payment shall be made in full. If there are insufficient assets held with respect to the particular Series, such claims and obligations shall be paid or provided for in accordance with Article III, Section 63.06, according to their priority and, among claims and obligations of equal priority, ratably to the extent of assets available therefor. Any remaining assets (including without limitation, cash, securities or any combination thereof) held with respect to the particular Series shall be distributed to the Shareholders Holders of the particular Series in accordance with Article III, Section 63.06, and ratably according to the number of outstanding Shares of the particular Series held by the several Shareholders Holders on the record date for such dissolution distribution.

Appears in 1 contract

Samples: Agreement and Declaration (Franklin Floating Rate Master Trust)

Dissolution of Trust or Series. Unless dissolved as provided herein, the Trust shall have perpetual existence. The Trust may be dissolved at any time by vote approval of a majority of the Shares of the Trust entitled to vote or by the Board of Trustees by written notice to the Shareholders. Any Series of Shares or Class thereof may be dissolved at any time by vote approval of a majority of the Shares of that Series or by the Board of Trustees by written notice to the Shareholders of that SeriesSeries of Shares or Class thereof. Upon dissolution of the TrustTrust (or a particular Series or Class, as the case may be), the Trustees shall (in accordance with ss. (S) 3808 of the DBTADSTA) pay or make reasonable provision to pay all claims claims, charges, taxes, expenses, distributions and obligations of each Series (or the Trust and/or each Seriesparticular Series or Class, as the case may be), including all contingent, conditional or unmatured claims claims, charges, taxes, expenses, liabilities, and obligations known to the Trust, and all claims and obligations which are known to the Trust but for which the identity of the claimant is unknown. If there are sufficient assets held with respect to the Trust and/or each Series of the TrustTrust (or the particular Series or Class, as the case may be), such claims and obligations shall be paid in full and any such provisions for payment shall be made in full. If there are insufficient assets held with respect to the Trust and/or each Series of the TrustTrust (or the particular Series or Class, as the case may be), such claims and obligations shall be paid or provided for in accordance with Article III, Section 6, according to their priority and, among claims and obligations of equal priority, ratably to the extent of assets available therefortherefore. Any The Trust shall in accordance with such procedures as the Trustees may consider appropriate reduce the remaining assets of the Trust or if the affected Series or Class distributable in the form of cash or shares (including without limitationif any Series remain) or other securities, cash, securities or in any combination thereof) held with respect to the Trust and/or each Series of the Trust shall be distributed , and distributable proceeds to the Shareholders of the Trust and/or such Series in accordance with Article IIIor Class involved, Section 6, and ratably according to the number of Shares of the Trust and/or such Series or Class held by the several Shareholders of such Series or Class on the record date for such dissolution of distribution. Thereupon, the Trust in any affected Series or Class shall terminate and the Trustees and the Trust shall be discharged of any and all further liabilities and duties relating thereto or arising therefrom, and the right, title, and interest of all parties with respect to the Trust in such Series or Class shall be cancelled and discharged. Upon dissolution termination of a particular Seriesthe Trust, following completion of winding up of its business, the Trustees shall (cause a certificate of cancellation of the Trust's Certificate of Trust to be filed in accordance with ss. 3808 the DSTA, which certificate of the DBTA) pay or make reasonable provision to pay all claims and obligations of the particular Series, including all contingent, conditional or unmatured claims and obligations known to the Trust, and all claims and obligations which are known to the Trust but for which the identity of the claimant is unknown. If there are sufficient assets held with respect to the particular Series, such claims and obligations shall cancellation may be paid in full and signed by any such provisions for payment shall be made in full. If there are insufficient assets held with respect to the particular Series, such claims and obligations shall be paid or provided for in accordance with Article III, Section 6, according to their priority and, among claims and obligations of equal priority, ratably to the extent of assets available therefor. Any remaining assets (including without limitation, cash, securities or any combination thereof) held with respect to the particular Series shall be distributed to the Shareholders of the particular Series in accordance with Article III, Section 6, and ratably according to the number of Shares of the particular Series held by the several Shareholders on the record date for such dissolution distributionone Trustee.

Appears in 1 contract

Samples: Agreement and Declaration (Lincoln Advisors Trust)

Dissolution of Trust or Series. Unless dissolved as provided herein, the The Trust and each Series shall have perpetual existence. The , except that the Trust may (or a particular Series) shall be dissolved at any time by dissolved: (a) With respect to the Trust, (i) upon the vote of the holders of not less than a majority of the Shares of the Trust entitled to vote cast, or by (ii) at the discretion of the Board of Trustees by either (A) at any time there are no Shares outstanding of the Trust, or (B) upon prior written notice to the Shareholders. Any Series may be dissolved at any time by Shareholders of the Trust; or (b) With respect to a particular Series, (i) upon the vote of the holders of not less than a majority of the Shares of that such Series cast, or by (ii) at the discretion of the Board of Trustees by either (A) at any time there are no Shares outstanding of such Series, or (B) upon prior written notice to the Shareholders of such Series; or (c) With respect to the Trust (or a particular Series), upon the occurrence of a dissolution or termination event pursuant to any other provision of this Declaration of Trust (including Article VIII, Section 2) or the DSTA; or (d) With respect to any Series, upon any event that Seriescause s the dissolution of the Trust. Upon dissolution of the TrustTrust (or a particular Series, as the case may be), the Board of Trustees shall (in accordance with ss. Section 3808 of the DBTADSTA) pay or make reasonable provision to pay all claims and obligations of the Trust and/or each Series (or the particular Series, including as the case may be), including, without limitation, all contingent, conditional or unmatured claims and obligations known to the Trust, and all claims and obligations which are known to the Trust Trust, but for which the identity of the claimant is unknown. If there are sufficient assets held with respect to the Trust and/or each Series of the TrustTrust (or the particular Series, as the case may be), such claims and obligations shall be paid in full and any such provisions for payment shall be made in full. If there are insufficient assets held with respect to the Trust and/or each Series of the TrustTrust (or the particular Series, as the case may be), such claims and obligations shall be paid or provided for in accordance with Article III, Section 6, according to their priority and, among claims and obligations of equal priority, ratably to the extent of assets available therefor. Any remaining assets (including including, without limitation, cash, securities or any combination thereof) held with respect to the Trust and/or each Series of the Trust (or the particular Series, as the case may be) shall be distributed to the Shareholders of the Trust and/or such each Series in accordance with Article IIIof the Trust (or the particular Series, Section 6, and as the case may be) ratably according to the number of Shares of the Trust and/or such Series thereof (or the particular Series, as the case may be) held of record by the several Shareholders on the record date for such dissolution distribution. Upon dissolution of a particular Series; provided, however, that if the Trustees shall (in accordance with ss. 3808 Shares of the DBTA) pay Trust or make reasonable provision to pay all claims and obligations of the particular Seriesa Series are divided into Classes thereof, including all contingent, conditional or unmatured claims and obligations known to the Trust, and all claims and obligations which are known to the Trust but for which the identity of the claimant is unknown. If there are sufficient assets held with respect to the particular Series, such claims and obligations shall be paid in full and any such provisions for payment shall be made in full. If there are insufficient assets held with respect to the particular Series, such claims and obligations shall be paid or provided for in accordance with Article III, Section 6, according to their priority and, among claims and obligations of equal priority, ratably to the extent of assets available therefor. Any remaining assets (including including, without limitation, cash, securities or any combination thereof) held with respect to the particular Series Trust or such Series, as applicable, shall be distributed to each Class of the Trust or such Series according to the net asset value computed for such Class and within such particular Class, shall be distributed ratably to the Shareholders of the particular Series in accordance with Article III, Section 6, and ratably such Class according to the number of Shares of the particular Series such Class held of record by the several Shareholders on the record date for such dissolution distribution. Upon the winding up of the Trust in accordance with Section 3808 of the DSTA and its termination, any one (1) Trustee shall execute, and cause to be filed, a certificate of cancellation, with the office of the Secretary of State of the State of Delaware in accordance with the provisions of Section 3810 of the DSTA. In connection with the dissolution and liquidation of the Trust or the termination of any Series or any Class, the Trustees may provide for the establishment and utilization of a liquidating trust or similar vehicle. Section 2.

Appears in 1 contract

Samples: Templeton Funds

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