Common use of Dividends, Distributions, Redemptions, and Repurchases Clause in Contracts

Dividends, Distributions, Redemptions, and Repurchases. Notwithstanding any other provisions of this Declaration of Trust, including, without limitation, Article VI, no dividend or distribution including, without limitation, any distribution paid upon dissolution of the Trust or of any Series or class with respect to, nor any redemption or repurchase of, the Shares of any Series or class shall be effected by the Trust other than from the assets held with respect to such Series or class, nor, except as specifically provided in Section 4 of Article VII or Section 5 of Article IV, shall any Shareholder of any particular Series or class otherwise have any right or claim against the assets held with respect to any other Series or class or the Trust generally except to the extent that such Shareholder has such a right or claim hereunder as a Shareholder of such other Series or class. The Board of Trustees shall have full discretion, to the extent not inconsistent with the 1940 Act, to determine which items shall be treated as income and which items as capital; and each such determination and allocation shall be conclusive and binding upon the Shareholders.

Appears in 10 contracts

Samples: Agreement and Declaration (Wilmington Funds), Agreement and Declaration (BBH Trust), Agreement and Declaration (MTB Group of Funds)

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Dividends, Distributions, Redemptions, and Repurchases. Notwithstanding any other provisions of this Declaration of TrustDeclaration, including, without limitation, Article VI, no dividend or distribution including, without limitation, any distribution paid upon dissolution termination of the Trust or of any Series (or class class) with respect to, nor any redemption or repurchase of, the Shares of any Series (or class class) shall be effected by the Trust other than from the assets held with respect to such Series (or class), nor, except as specifically provided in Section 4 7 of this Article VII or Section 5 of Article IVIII, shall any Shareholder of any particular Series (or class class) otherwise have any right or claim against the assets held with respect to any other Series (or class or the Trust generally class) except to the extent that such Shareholder has such a right or claim hereunder as a Shareholder of such other Series (or class). The Board of Trustees shall have full discretion, to the extent not inconsistent with the 1940 Act, to determine which items shall be treated as income or capital gains and which items shall be treated as capital; and each such determination and allocation shall be conclusive and binding upon the Shareholders.

Appears in 10 contracts

Samples: 1WS Credit Income Fund, Archstone Alternative Solutions Fund, Corsair Opportunity Fund

Dividends, Distributions, Redemptions, and Repurchases. Notwithstanding any other provisions provision of this Declaration of Trust, including, without limitation, Article VI, no dividend or distribution distribution, including, without limitation, any distribution paid upon dissolution of the Trust or of any Series (or class Class) thereof with respect to, nor any redemption or repurchase of, the Shares of any Series (or class Class thereof) shall be effected by the Trust other than from the assets held with respect to such Series (or classClass thereof), nor, except as specifically provided in Section 4 of Article VII or Section 5 of Article IV, nor shall any Shareholder of any particular Series (or class Class thereof) otherwise have any right or claim against the assets held with respect to any other Series or class or the Trust generally Class except to the extent that such Shareholder has such a right or claim hereunder as a Shareholder of such other Series or classClass. The Board of Trustees shall have full discretion, to the extent not inconsistent with the 1940 Act, to determine which items shall be treated as income and which items as capital; and each such determination and allocation shall be conclusive and binding upon the Shareholders.

Appears in 7 contracts

Samples: Agreement and Declaration (First Eagle Variable Funds), First Eagle Funds, Agreement and Declaration (First Eagle Overseas Variable Fund)

Dividends, Distributions, Redemptions, and Repurchases. Notwithstanding any other provisions of this Declaration of Trust, including, without limitation, Article VI, no dividend or distribution including, without limitation, any distribution paid upon dissolution termination of the Trust or of paid on or in respect to any Series (or class with respect toClass), nor any redemption or repurchase of, of the Shares of any Series (or class Class), shall be effected by the Trust other than from the assets held with respect to such Series (or classClass), nor, except as specifically provided in Section 4 8 of this Article VII or Section 5 of Article IVIII, shall any Shareholder of any particular Series (or class Class), otherwise have any right or claim against the assets held with respect to any other Series (or class or the Trust generally Class) except to the extent that such Shareholder has such a right or claim hereunder as a Shareholder of such other Series (or classClass). The Board of Trustees shall have full discretion, to the extent not inconsistent with the 1940 Act, to determine which items shall be treated as income and which items as capital; and each such determination and allocation shall be conclusive and binding upon the Shareholders.

Appears in 7 contracts

Samples: Agreement and Declaration of Trust (Catholic Responsible Investments Funds), Agreement and Declaration of Trust (Frost Family of Funds), Agreement and Declaration of Trust (Catholic Responsible Investments Funds)

Dividends, Distributions, Redemptions, and Repurchases. Notwithstanding any other provisions of this Declaration of Trust, including, without limitation, Article VI, no dividend or distribution including, without limitation, any distribution paid upon dissolution termination of the Trust or of any Series series (or class class) with respect to, nor any redemption or repurchase of, the Shares of any Series (or class class) shall be effected by the Trust other than from the assets held with respect to such Series or classSeries, nor, except as specifically provided in Section 4 7 of this Article VII or Section 5 of Article IVIII, shall any Shareholder of any particular Series or class otherwise have any right or claim against the assets held with respect to any other Series or class or the Trust generally except to the extent that such Shareholder has such a right or claim hereunder as a Shareholder of such other Series or classSeries. The Board of Trustees shall have full discretion, to the extent not inconsistent with the 1940 Act, to determine which items shall be treated as income and which items as capital; and each such determination and allocation shall be conclusive and binding upon the Shareholders.

Appears in 6 contracts

Samples: Agreement and Declaration (Franklin Managed Trust), Agreement and Declaration of Trust (Franklin Equity Fund), Agreement and Declaration of Trust (Franklin Gold Fund)

Dividends, Distributions, Redemptions, and Repurchases. Notwithstanding any other provisions of this Declaration of Trust, including, without limitation, Article VI, no dividend or distribution including, without limitation, any distribution paid upon dissolution termination of the Trust or of paid on or in respect to any Series (or class with respect toClass), nor any redemption or repurchase of, of the Shares of any Series (or class Class), shall be effected by the Trust other than from the assets held with respect to such Series or classSeries, nor, except as specifically provided in Section 4 8 of this Article VII or Section 5 of Article IVIII, shall any Shareholder of any particular Series or class otherwise have any right or claim against the assets held with respect to any other Series or class or the Trust generally except to the extent that such Shareholder has such a right or claim hereunder as a Shareholder of such other Series or classSeries. The Board of Trustees shall have full discretion, to the extent not inconsistent with the 1940 Act, to determine which items shall be treated as income and which items as capital; and each such determination and allocation shall be conclusive and binding upon the Shareholders.

Appears in 5 contracts

Samples: Agreement and Declaration of Trust (Rimrock Funds Trust), Agreement and Declaration of Trust (SEI Catholic Values Trust), Agreement and Declaration of Trust (SEI Insurance Products Trust)

Dividends, Distributions, Redemptions, and Repurchases. Notwithstanding any other provisions of this Declaration of Trust, including, without limitation, Article VI, no dividend or distribution including, without limitation, any distribution paid upon dissolution of the Trust or of any Series or class with respect to, nor any redemption or repurchase of, the Shares of any Series or class of such Series shall be effected by the Trust other than from the assets held with respect to such Series or classSeries, nor, except as specifically provided in Section 4 7 of this Article VII or Section 5 of Article IVIII, shall any Shareholder of any particular Series or class otherwise have any right or claim against the assets held with respect to any other Series or class or the Trust generally except except, in the case of a right or claim against the assets held with respect to any other Series, to the extent that such Shareholder has such a right or claim hereunder as a Shareholder of such other Series or classSeries. The Board of Trustees shall have full discretion, to the extent not inconsistent with the 1940 Act, to determine which items shall be treated as income and which items as capital; and each such determination and allocation shall be conclusive and binding upon the Shareholders.

Appears in 3 contracts

Samples: Agreement and Declaration (Assetmark Funds), Agreement and Declaration (Templeton Capital Accumulator Fund Inc), Agreement and Declaration (Assetmark Funds)

Dividends, Distributions, Redemptions, and Repurchases. Notwithstanding any other provisions of this Declaration of Trust, including, without limitation, including Article VI, no dividend or distribution includingon the Shares of any Series or Class, without limitation, including any distribution paid upon dissolution in connection with termination of the Trust or of any such Series or class with respect toany Class of such Series, nor any redemption or repurchase of, the Shares of any such Series or class Class shall be effected by the Trust other than from the assets held with respect to such Series or classClass, nor, except as specifically provided in Section 4 of Article VII or Section 5 of Article IV, nor shall any Shareholder of any particular Series or class Class otherwise have any right or claim against the assets held with respect to any other Series or class or the Trust generally Class except to the extent that such Shareholder has such a right or claim hereunder as a Shareholder of such other Series or classClass. The Board of Trustees shall have full the sole discretion, to the extent not inconsistent with the 1940 Act, to determine which items shall be treated as income and which items as capital; and each such determination and allocation shall be conclusive and binding upon the Shareholdersall Shareholders for all purposes.

Appears in 2 contracts

Samples: Agreement and Declaration of Trust (1290 Funds), Agreement and Declaration (1290 Funds)

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Dividends, Distributions, Redemptions, and Repurchases. Notwithstanding any other provisions provision of this Declaration of Trust, including, without limitation, Article VI, no dividend or distribution distribution, including, without limitation, any distribution paid upon dissolution termination of the Trust or of any Series (or class Class) thereof with respect to, nor any redemption or repurchase of, the Shares of any Series (or class Class thereof) shall be effected by the Trust other than from the assets held with respect to such Series (or classClass thereof), nor, except as specifically provided in Section 4 of Article VII or Section 5 of Article IV, nor shall any Shareholder of any particular Series (or class Class thereof) otherwise have any right or claim against the assets held with respect to any other Series or class or the Trust generally Class except to the extent that such Shareholder has such a right or claim hereunder as a Shareholder of such other Series or classClass. The Board of Trustees shall have full discretion, to the extent not inconsistent with the 1940 Act, to determine which items shall be treated as income and which items as capital; and each such determination and allocation shall be conclusive and binding upon the Shareholders.. (d)

Appears in 1 contract

Samples: Agreement and Declaration (Euclid Mutual Funds)

Dividends, Distributions, Redemptions, and Repurchases. Notwithstanding ------------------------------------------------------- any other provisions of this Declaration of Trust, including, without limitation, Article VI, no dividend or distribution including, without limitation, any distribution paid upon dissolution of the Trust or of any Series or class with respect to, nor any redemption or repurchase of, the Shares of any Series or class of such Series shall be effected by the Trust other than from the assets held with respect to such Series or classSeries, nor, except as specifically provided in Section 4 7 of this Article VII or Section 5 of Article IVIII, shall any Shareholder of any particular Series or class otherwise have any right or claim against the assets held with respect to any other Series or class or the Trust generally except except, in the case of a right or claim against the assets held with respect to any other Series, to the extent that such Shareholder has such a right or claim hereunder as a Shareholder of such other Series or classSeries. The Board of Trustees shall have full discretion, to the extent not inconsistent with the 1940 Act, to determine which items shall be treated as income and which items as capital; and each such determination and allocation shall be conclusive and binding upon the Shareholders.

Appears in 1 contract

Samples: Agreement and Declaration (Wallace Funds)

Dividends, Distributions, Redemptions, and Repurchases. Notwithstanding any other provisions provision of this Declaration of Trust, including, without limitation, Article VI, no dividend or distribution including, without limitation, any distribution paid upon dissolution termination of the Trust Fund or of any Series or class Class with respect to, nor any redemption or repurchase of, the Shares of any Series or class Class shall be effected by the Trust Fund other than from the assets held with respect to such Series or classClass, nor, except as specifically provided in Section 4 7 of this Article VII or Section 5 of Article IVIII, shall any Shareholder of any particular Series or class Class otherwise have any right or claim against the assets held with respect to any other Series or class or the Trust generally Class except to the extent that such Shareholder has such a right or claim hereunder as a Shareholder of such other Series or classClass. The Board of Trustees shall have full discretion, to the extent not inconsistent with the 1940 Investment Company Act, to determine which items shall be treated as income and which items as capital; , and each such determination and allocation shall be conclusive and binding upon the Shareholders.

Appears in 1 contract

Samples: Agreement and Declaration of Trust (Sife Trust Fund)

Dividends, Distributions, Redemptions, and Repurchases. Notwithstanding any other provisions of this Declaration of Trust, including, without limitation, Article VI, no dividend or distribution including, without limitation, any distribution paid upon dissolution of the Trust or of any Series or class with respect to, nor any redemption or repurchase of, the Shares of any Series or class shall be effected by the Trust other than from the assets held with respect to such Series or class, nor, except as specifically provided in Section 4 of Article VII or Section 5 of Article IV, shall any Shareholder of any particular Series or class otherwise have any right or claim against the assets held with respect to any other Series or class or the Trust generally except to the extent that such Shareholder has such a right or claim hereunder as a Shareholder of such other Series or class. The Board of Trustees shall have full discretion, to the extent not inconsistent with applicable law including the 1940 Act, to determine which items shall be treated as income and which items as capital; and each such determination and allocation shall be conclusive and binding upon the Shareholders.

Appears in 1 contract

Samples: Agreement and Declaration (Huntington Strategy Shares)

Dividends, Distributions, Redemptions, and Repurchases. Notwithstanding any other provisions of this Declaration of Trust, including, without limitation, Article VI, no dividend or distribution including, without limitation, any distribution paid upon dissolution of the Trust or of any Series or class Class with respect to, nor any redemption or repurchase of, the Shares of any Series or class Class shall be effected by the Trust other than from the assets held with respect to such Series or classClass, nor, except as specifically provided in Section 4 of Article VII or Section 5 of Article IV, shall any Shareholder of any particular Series or class Class otherwise have any right or claim against the assets held with respect to any other Series or class Class or the Trust generally except to the extent that such Shareholder has such a right or claim hereunder as a Shareholder of such other Series or classClass. The Board of Trustees shall have full discretion, to the extent not inconsistent with the 1940 Act, to determine which items shall be treated as income and which items as capital; and each such determination and allocation shall be conclusive and binding upon the Shareholders.

Appears in 1 contract

Samples: Agreement and Declaration (BBH Trust)

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