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: Agreement and Declaration (Evergreen Global Dividend Opportunity Fund), Agreement and Declaration (Evergreen Global Dividend Opportunity Fund), Agreement and Declaration (Evergreen Global Dividend Opportunity Fund)
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: Enterprise Funds Trust (Axa Enterprise Funds Trust), Agreement and Declaration (Equitable Trust/Ny/), Agreement and Declaration of Trust (Equitable Premier 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, 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: Agreement and Declaration (Hc Capital Trust), Agreement and Declaration (Hirtle Callaghan Trust), Agreement and Declaration (Hirtle Callaghan 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, 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: Agreement and Declaration of Trust (Transparent Value Trust), Agreement and Declaration of Trust (Transparent Value Trust), And Restated Agreement and Declaration (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, 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 (Eq Advisors Trust), Agreement and Declaration (Eq Advisors Trust)
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 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.. (d)
Appears in 2 contracts
Samples: And Restated Agreement and Declaration (Evergreen Money Market Trust), Agreement and Declaration (Evergreen Fixed Income Trust /De/)
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: California Investment Trust Ii, California Investment 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 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 (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: Agreement and Declaration (Allianz Variable Insurance Products 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: Declaration of Trust (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
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 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