Common use of Distributions to Shareholders Clause in Contracts

Distributions to Shareholders. (a) The Trustees shall from time to time distribute ratably among the Shareholders of any series or class of Shares in accordance with the number of outstanding full and fractional Shares of such series or class such proportion of the net profits, surplus (including paid-in surplus), capital, or assets, in accordance with good accounting practices and subject to the preferences, special or relative rights and privileges of the various series or classes of Shares, held by the Trustees as they may deem proper or as may otherwise be determined in accordance with this Declaration. Any such distribution may be made in cash or property (including without limitation any type of obligations of the Trust or any assets thereof) or Shares of any series or class and the Trustees may distribute ratably among the Shareholders of any series or class of shares in accordance with the number of outstanding full and fractional Shares of such series or class additional Shares of any series or class in such manner, at such times, and on such terms as the Trustees may deem proper or as may otherwise be determined in accordance with this Declaration. Any such distribution paid in Shares will be paid at the net asset value thereof as determined in accordance with Section 9.1, or at such other value as may be specified by the By-Laws or as the Trustees may from time to time determine, subject to applicable laws and regulations then in effect.

Appears in 6 contracts

Samples: Healthcare Fund Agreement (Highland Premium Long/Short Healthcare Fund), Fund Agreement (Highland Premium Dividend Fund), Equity Fund Agreement (Highland Premium Long/Short Equity Fund)

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Distributions to Shareholders. (a) The Trustees shall from From time to time and not less than quarterly, the Company shall review the Company’s accounts to determine whether distributions are appropriate. The Company shall, subject to authorization by the Trustees, distribute ratably among the Shareholders of any series or class of Shares Common Shares, or any series of any such class, in accordance with the number of outstanding full and fractional Common Shares of such class or any series or class of such class, such proportion of the net profits, surplus (including paid-in surplus), capital, or assets, in accordance with good accounting practices and subject to the preferences, special or relative rights and privileges of the various series or classes of Shares, assets held by the Trust as the Trustees as they may deem proper or as may otherwise be determined in accordance with this Declaration. Any such distribution may be made in cash, a combination of cash and Common Shares, or property (including without limitation any type of obligations of the Trust or any assets thereof) or Common Shares of any class or series or class any combination thereof, and the Trustees may distribute ratably among the Shareholders of any series or class of shares Common Shares or series of any such class, in accordance with the number of outstanding full and fractional Common Shares of such class or any series or class of such class, additional Common Shares of any class or series or class in such manner, at such times, and on such terms as the Trustees may deem proper or as may otherwise be determined in accordance with this Declaration. Any such The Trustees may cause the Trust to enter into a distribution paid in Shares will be paid at the net asset value thereof reinvestment program with terms and conditions as determined in accordance with Section 9.1, or at such other value as may be specified agreed to by the By-Laws or as the Trustees may from time to time determine, subject to applicable laws and regulations then in effecttime.

Appears in 4 contracts

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

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