Common use of Division of the Trust into Units Clause in Contracts

Division of the Trust into Units. Subject to Article 20, unless changed or modified pursuant to this Trust Agreement, each Unit shall have the following attributes: (a) each Unit shall be without nominal or par value; (b) each whole Unit shall entitle the holder thereof to one vote at all meetings of Unitholders; (c) each Unit shall entitle the holder thereof to participate pro rata, in accordance with the provisions hereof, with respect to all distributions made and, upon liquidation of the Trust, to participate pro rata with other Unitholders in the Net Asset Value of the Trust remaining after the satisfaction of outstanding liabilities and provision for expenses of the Trust as provided in Article 21 hereof; (d) there shall be no pre-emptive rights attaching to the Units; (e) there shall be no cancellation or surrender provisions attaching to the Units except as set out herein; (f) once the subscription price or Net Asset Value per Unit at the time of issuance has been paid, Units shall be non-assessable so that there shall be no liability for future calls or assessments with respect to the Units; (g) subject to and in accordance with applicable Securities Legislation, all Units shall be transferable, but only as contemplated herein; (h) each Unit shall entitle the holder thereof to require the Trust to redeem the Unit as provided in Article 6; (i) the number of Units of the Trust that may be issued is unlimited; and (j) fractional Units may be issued and shall be proportionately entitled to all the same rights as whole Units except voting rights (however fractional Units held by a single Unitholder may be combined). The Trustee and the Manager may be Unitholders.

Division of the Trust into Units. Subject to Article 20, unless the Manager shall have sole discretion in determining whether the capital of the Trust is divided into one or more classes of Units and into one or more series of each such class, the attributes that shall attach to each class or series of Units and whether any class or series of Units should be redesignated as a different class or series of Units from time to time. The class or classes of Units and the series of each such class of Units created and authorized for the Trust, including any redesignation of any class or any series of a class of Units, shall be as shown from time to time in the Register kept for the Trust. Until changed or modified pursuant to this Trust Agreementby the Manager, each Unit class or series of a class of Units shall have the following attributes: (a) each Unit shall be without nominal or par value; (b) each whole Unit of a particular class or a series of a class shall entitle the holder thereof to one vote at all meetings of UnitholdersUnitholders where all classes and series of Units vote together and to one vote at all meetings of Unitholders where that particular class or series of a class of Units votes separately as a class or series; (c) each Unit of a particular class or series of a class shall entitle the holder thereof to participate pro rata, in accordance with the provisions hereof, with respect to all distributions made to that class or series of a class and, upon liquidation of the Trust, to participate pro rata with other Unitholders of that same class or series of a class in the Net Asset Value of the Trust remaining after the satisfaction of outstanding liabilities and provision for expenses of the Trust and the class or series of a class as provided in Article 21 hereof; (d) distributions shall be allocated among the classes or series of a class of Units in such manner as the Manager considers appropriate and equitable; (e) there shall be no pre-emptive rights attaching to the Units; (ef) there shall be no cancellation or surrender provisions attaching to the Units except as set out herein; (fg) once the subscription price or Net Asset Value per Unit for the applicable class or series of a class, determined in accordance with Section 3.6 hereof, at the time of issuance has been paid, Units shall be non-assessable so that there shall be no liability for future calls or assessments with respect to the Units; (gh) subject to and in accordance with applicable Securities Legislation, all Units shall be transferable, but only as contemplated herein; (hi) each Unit shall entitle the holder thereof to require the Trust to redeem the Unit as provided in Article 6; (ij) subject to limitations and requirements determined from time to time by the Manager and disclosed in the Disclosure Documents, each Unit of a particular class or series of a class of the Trust may be redesignated by the Manager as a Unit of another class or series of the Trust based on the respective Net Asset Value per Unit for each such class or series of Units on the date of the redesignation; (k) the number of Units and the classes and series of Units of the Trust that may be issued is unlimited; and (jl) fractional Units of a class or series of a class may be issued and shall be proportionately entitled to all the same rights as whole Units of that same class or series, except voting rights (however fractional Units held by a single Unitholder may be combined). Each class and series of a class of Units shall also have the features and characteristics disclosed from time to time in the Disclosure Documents or such other offering documents of the Trust. The Trustee and the Manager may be Unitholders.

Division of the Trust into Units. Subject to Article 2021, unless the Manager shall have sole discretion in determining whether the capital of the Trust is divided into one or more classes of Units and into one or more series of each such class, the attributes that shall attach to each class or series of Units and whether any class or series of Units should be redesignated as a different class or series of Units from time to time. The class or classes of Units and the series of each such class of Units created and authorized for the Trust, including any redesignation of any class or any series of a class of Units, shall be as shown from time to time in the Register kept for the Trust. Until changed or modified pursuant to this Trust Agreementby the Manager, each Unit class or series of a class of Units shall have the following attributes: (a) each Unit shall be without nominal or par value; (b) each whole Unit of a particular class or a series of a class shall entitle the holder thereof to one vote at all meetings of UnitholdersUnitholders where all classes and series of Units vote together and to one vote at all meetings of Unitholders where that particular class or series of a class of Units votes separately as a class or series; (c) each Unit of a particular class or series of a class shall entitle the holder thereof to participate pro rata, in accordance with the provisions hereof, with respect to all distributions made to that class or series of a class and, upon liquidation of the Trust, to participate pro rata with other Unitholders of that same class or series of a class in the Net Asset Value of the Trust remaining after the satisfaction of outstanding liabilities and provision for expenses of the Trust and the class or series of a class as provided in Article 21 22 hereof; (d) distributions shall be allocated among the classes or series of a class of Units in such manner as the Manager considers appropriate and equitable; (e) there shall be no pre-emptive rights attaching to the Units; (ef) there shall be no cancellation or surrender provisions attaching to the Units except as set out herein; (fg) once the subscription price or Net Asset Value per Unit for the applicable class or series of a class, determined in accordance with Section 3.6 hereof, at the time of issuance has been paid, Units shall be non-assessable so that there shall be no liability for future calls or assessments with respect to the Units; (gh) subject to and in accordance with applicable Securities Legislation, all Units shall be transferable, but only as contemplated herein; (hi) each Unit shall entitle the holder thereof to require the Trust to redeem the Unit as provided in Article 6; (ij) subject to limitations and requirements determined from time to time by the Manager and disclosed in the Disclosure Documents, each Unit of a particular class or series of a class of the Trust may be redesignated by the Manager as a Unit of another class or series of the Trust based on the respective Net Asset Value per Unit for each such class or series of Units on the date of the redesignation; (k) the number of Units and the classes and series of Units of the Trust that may be issued is unlimited; and (jl) fractional Units of a class or series of a class may be issued and shall be proportionately entitled to all the same rights as whole Units of that same class or series, except voting rights (however fractional Units held by a single Unitholder may be combined). Each class and series of a class of Units shall also have the features and characteristics disclosed from time to time in the Disclosure Documents or such other offering documents of the Trust. The Trustee and the Manager may be Unitholders.