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 Vl, no dividend or distribution, including, without limitation, any distribution paid upon termination of the Trust or of any Series or Class with respect to, or 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, nor shall any Shareholder or any particular Series or Class otherwise have any right or claim against the assets held with respect to any other Series except to the extent that such Shareholder has such a right or claim hereunder as a Shareholder of such other Series. The Trustees shall have full discretion 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: Second Amended and Restated Agreement and Declaration of Trust (Evergreen Global Dividend Opportunity Fund), Agreement and Declaration of Trust (Evergreen Global Dividend Opportunity Fund), Trust Agreement (Evergreen Global Dividend Opportunity Fund)

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Dividends, Distributions, Redemptions, and Repurchases. Notwithstanding any other provisions of this Declaration of Trust, including, without limitation, Article VlVII, no dividend or distribution, including, without limitation, any distribution paid upon termination of the Trust or of any Series or Class with respect to, or 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, nor shall any Shareholder or any particular Series or Class otherwise have any right or claim against the assets held with respect to any other Series except to the extent that such Shareholder has such a right or claim hereunder as a Shareholder of such other Series. The Trustees shall have full discretion 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: Trust Agreement (Axa Enterprise Funds Trust), Trust Agreement (Equitable Premier Funds Trust), Trust Agreement (Equitable Trust/Ny/)

Dividends, Distributions, Redemptions, and Repurchases. Notwithstanding any other provisions of this Declaration of Trust, including, without limitation, Article VlVI, no dividend or distribution, including, without limitation, any distribution paid upon termination of the Trust or of any Series or Class with respect to, or nor any redemption or repurchase of, 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, nor nor, shall any Shareholder or of any particular Series or Class Class, otherwise have any right or claim against the assets held with respect to any other Series except to the extent that such Shareholder has such a right or claim hereunder as a Shareholder of such other Series. The Trustees shall have full discretion 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: Trust Agreement (Transparent Value Trust), Trust Agreement (Transparent Value Trust), Trust Agreement (Transparent Value Trust)

Dividends, Distributions, Redemptions, and Repurchases. Notwithstanding any other provisions of this Declaration of Trust, including, without limitation, Article VlVI, no dividend or distribution, distribution including, without limitation, any distribution paid upon termination of the Trust or of any Series or Class with respect to, or 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, nor nor, except as specifically provided in Section 7 of this Article III, shall any Shareholder or of any particular Series or Class otherwise have any right or claim against the assets held with respect to any other Series except to the extent that such Shareholder has such a right or claim hereunder as a Shareholder of such other Series. The Trustees shall have full discretion 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: Trust Agreement (Hc Capital Trust), Trust Agreement (Hirtle Callaghan Trust), Trust Agreement (Hirtle Callaghan Trust)

Dividends, Distributions, Redemptions, and Repurchases. Notwithstanding any other provisions of or this Declaration of TrustDeclaration, including, without limitation, Article VlVI, no dividend or distribution, distribution (including, without limitation, any distribution paid upon termination of the Trust or of any Series or Class Series) with respect to, or 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 belonging to such Series, nor nor, except as specifically provided in Section 7 of this Article III shall any Shareholder or of any particular Series or Class otherwise have any right or claim against the assets held with respect belonging to any other Series except to the extent that such Shareholder has such a right or claim hereunder as a Shareholder of such other Series. The Trustees shall have full discretion 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 2 contracts

Samples: Agreement and Declaration of Trust (California Investment Trust), Agreement and Declaration of Trust (California Investment Trust Ii)

Dividends, Distributions, Redemptions, and Repurchases. Notwithstanding any other provisions of this Declaration of Trust, including, without limitation, Article VlVI, no dividend or distribution, including, without limitation, any distribution paid upon termination of the Trust or of any Series or Class with respect to, or 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, nor shall any Shareholder or of any particular Series or Class otherwise have any right or claim against the assets held with respect to any other Series except to the extent that such Shareholder has such a right or claim hereunder as a Shareholder of such other Series. The Trustees shall have full discretion 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 2 contracts

Samples: Agreement and Declaration of Trust (Eq Advisors Trust), Trust Agreement (Eq Advisors Trust)

Dividends, Distributions, Redemptions, and Repurchases. Notwithstanding any other provisions of this Declaration of Trust, including, without limitation, Article VlVI, no dividend or distribution, including, without limitation, any distribution paid upon termination of the Trust or of any Series or Class with respect to, or nor any redemption or repurchase of, the Shares of any Series or Class, shall be effected by the the-Trust other than from the assets held with respect to such Series, nor shall any Shareholder or any particular Series or Class otherwise have any right or claim against the assets held with respect to any other Series except to the extent that such Shareholder has such a right or claim hereunder as a Shareholder of such other Series. The Trustees shall have full discretion 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: Trust Agreement (Allianz Variable Insurance Products Fund of Funds Trust)

Dividends, Distributions, Redemptions, and Repurchases. Notwithstanding any other provisions of this Declaration of Trust, including, without limitation, Article VlVI, no dividend or distribution, including, without limitation, any distribution paid upon termination of the Trust or of any Series (or Class Class) with respect to, or 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, nor shall any Shareholder or of any particular Series or Class otherwise have any right or claim against the assets held with respect to any other Series except to the extent that such Shareholder has such a right or claim hereunder as a Shareholder of such other Series. The Trustees shall have full discretion discretion, 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.extent not inconsistent

Appears in 1 contract

Samples: Agreement and Declaration of Trust (Target Funds)

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Dividends, Distributions, Redemptions, and Repurchases. Notwithstanding any other provisions of this Declaration of Trust, including, without limitation, Article VlVII, no dividend or distribution, distribution including, without limitation, any distribution paid upon termination dissolution of the Trust or of any Series or Class with respect to, or 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, nor shall any Shareholder or of any particular Series or Class otherwise have any right or claim against the assets held with respect to any other Series 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. The Board of Trustees shall have full discretion 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 of Trust (Axxes Private Markets Fund)

Dividends, Distributions, Redemptions, and Repurchases. Notwithstanding any other provisions of this Declaration of Trust, including, without limitation, Article VlVI, no dividend or distribution, including, without limitation, any distribution paid upon termination of the Trust or of any Series or Class with respect to, or 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, nor shall any Shareholder or any particular Series or Class otherwise have any right or claim against the assets held with respect to any other Series except to the extent that such Shareholder has such a right or claim hereunder as a Shareholder of such other Series. The Trustees shall have full discretion 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 (Asset Allocation Trust - DE)

Dividends, Distributions, Redemptions, and Repurchases. Notwithstanding any other provisions of this Declaration of Trust, including, without limitation, Article VlVI, no dividend or distribution, including, without limitation, any distribution paid upon termination of the Trust or of any Series or Class with respect to, or 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, nor shall any Shareholder or any particular Series or Class otherwise have any right or claim against the assets held with respect to any other Series except to the extent that such Shareholder has such a right or claim hereunder as a Shareholder of such other Series. The Trustees Trustees, shall have full discretion 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: Trust Agreement (Allianz Variable Insurance Products Trust)

Dividends, Distributions, Redemptions, and Repurchases. Notwithstanding any other provisions of this Declaration of Trust, including, without limitation, Article Vl6, no dividend or distribution, distribution (including, without limitation, any distribution paid upon termination of the Trust or of any Series or Class Series) with respect to, or 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 belonging to such Series, nor nor, except as specifically provided in Section 7 of this Article 3, shall any Shareholder or of any particular Series or Class otherwise have any right or claim against the assets held with respect belonging to any other Series except to the extent that such Shareholder has such a right or claim hereunder as a Shareholder of such other Series. The Trustees shall have full discretion 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 of Trust (Leahi Investment Trust)

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