Common use of Effect of Death, Resignation, etc. of a Trustee Clause in Contracts

Effect of Death, Resignation, etc. of a Trustee. The death, declination, resignation, retirement, removal, or incapacity of one or more Trustees, or all of them, shall not operate to annul the Trust or any Series or to revoke any existing agency created pursuant to the terms of this Declaration of Trust. Whenever a vacancy in the Board of Trustees shall occur, until such vacancy is filled as provided in Article IV, Section 1, or while any Trustee is physically or mentally incapacitated, the Trustees in office, regardless of their number, shall have all the powers granted to the Trustees and shall discharge all the duties imposed upon the Trustees by this Declaration of Trust. As conclusive evidence of such vacancy, a written instrument certifying the existence of such vacancy may be executed by an officer of the Trust or by a majority of the Board of Trustees.

Appears in 8 contracts

Samples: Agreement and Declaration (SEI Exchange Traded Funds), Agreement and Declaration of Trust (SEI Exchange Traded Funds), Form of Agreement (SEI Exchange Traded Funds)

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Effect of Death, Resignation, etc. of a Trustee. The death, declination, resignation, retirement, removal, or incapacity of one or more Trustees, or all of them, shall not operate to annul the Trust or any Series or to revoke any existing agency created pursuant to the terms of this Declaration of Trust. Whenever a vacancy in the Board of Trustees shall occur, until such vacancy is filled as provided in Article IV, Section 1this Declaration of Trust, or while any Trustee is physically or mentally incapacitated, the Trustees Trustee(s) in office, regardless of their the number, shall have all the powers granted to the Board of Trustees and shall discharge all the duties imposed upon the Board of Trustees by this Declaration of Trust. As conclusive evidence , and a certificate signed by a majority of such vacancy, a written instrument certifying the existence of such vacancy may be executed by other Trustee(s) (or an officer of the Trust or by a majority under authority of the Board other Trustees) of Trusteessuch vacancy, absence or incapacity, shall be conclusive.

Appears in 4 contracts

Samples: Agreement and Declaration of Trust (Reality Shares ETF Trust), Agreement and Declaration of Trust (Transparent Value Trust), Agreement and Declaration (Schwab Strategic Trust)

Effect of Death, Resignation, etc. of a Trustee. The death, declinationdeclination to serve, resignation, retirement, removal, removal or incapacity of one or more Trustees, or all of them, shall not operate to annul dissolve the Trust or any Series or to revoke any existing agency created pursuant to the terms of this Declaration of Trust. Whenever a vacancy in there shall be fewer than the Board designated number of Trustees, until additional Trustees are appointed or elected as provided herein to bring the total number of Trustees shall occur, until such vacancy is filled as provided in Article IV, Section 1, or while any Trustee is physically or mentally incapacitatedequal to the designated number, the Trustees in office, regardless of their number, shall have all the powers granted to the Board of Trustees and shall discharge all the duties imposed upon the Trustees by this Declaration of Trust. As conclusive evidence of such vacancy, a written an instrument certifying the existence of such vacancy may be executed by an officer of the Trust or by a majority of the Board of TrusteesTrustee.

Appears in 3 contracts

Samples: Agreement and Declaration of Trust (Carillon Series Trust), Agreement and Declaration of Trust (Eagle Series Trust), Permanent Portfolio (Permanent Portfolio Family of Funds Inc)

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Effect of Death, Resignation, etc. of a Trustee. The death, declinationdeclination to serve, resignation, retirement, removal, or incapacity of one or more Trustees, or all of them, shall not operate to annul the Trust or any Series or to revoke any existing agency created pursuant to the terms of this Declaration of Trust. Whenever a vacancy in the Board of Trustees shall occur, until such vacancy is filled as provided in Article IV, Section 1this Declaration of Trust, or while any Trustee is physically or mentally incapacitated, the Trustees Trustee(s) in office, regardless of their the number, shall have all the powers granted to the Board of Trustees and shall discharge all the duties imposed upon the Board of Trustees by this Declaration of Trust. As conclusive evidence , and a certificate signed by a majority of such vacancy, a written instrument certifying the existence of such vacancy may be executed by other Trustee(s) (or an officer of the Trust or by a majority under authority of the Board other Trustees) of Trusteessuch vacancy, absence or incapacity, shall be conclusive.

Appears in 3 contracts

Samples: New Age Alpha Variable Funds Trust, New Age Alpha Funds Trust, Agreement and Declaration (New Age Alpha Trust)

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