Common use of Effect of Death, Resignation, etc Clause in Contracts

Effect of Death, Resignation, etc. OF A TRUSTEE The death, declination, resignation, retirement, removal, or incapacity of the Trustees, or any of them, shall not operate to annul the Trust or to revoke any existing agency created pursuant to the terms of this Declaration of Trust. Whenever a vacancy in the number of Trustees shall occur, until such vacancy is filled as provided in Article IV, Section 1, 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. A written instrument certifying the existence of such vacancy signed by a majority of the Trustees shall be conclusive evidence of such vacancy.

Appears in 6 contracts

Samples: Maturities Trust Agreement (American Century Target Maturities Trust), Municipal Trust Agreement (American Century Municipal Trust), Municipal Funds Agreement (American Century California Tax Free & Municipal Funds)

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Effect of Death, Resignation, etc. OF A TRUSTEE TRUSTEE. The death, declination, resignation, retirement, removal, or incapacity of the one or more Trustees, or any all of them, shall not operate to annul the Trust or to revoke any existing agency created pursuant to the terms of this Declaration of Trust. Whenever a vacancy in the number Board of Trustees shall occur, until such vacancy is filled as provided in Article IV, Section 14.2, 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. A written instrument certifying the existence of such vacancy signed by a majority of the Trustees shall be conclusive evidence of such vacancy.

Appears in 5 contracts

Samples: Agreement and Declaration (Manager Directed Portfolios), Agreement and Declaration (Manager Directed Portfolios), Agreement and Declaration (Manager Directed Portfolios)

Effect of Death, Resignation, etc. OF A TRUSTEE The No vacancy, whether resulting from the death, declination, resignation, retirement, removal, or incapacity of any Trustee, an increase in the Trustees, number of Trustees or any of themotherwise, shall not operate to annul or terminate the Trust hereunder or to revoke or terminate any existing agency or contract created or entered into pursuant to the terms of this Declaration of Trust. Whenever a vacancy in the number of Trustees shall occur, until Until such vacancy is filled as provided in Article IV, this Section 14.1, the Trustees in officeoffice (if any), 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 TrustDeclaration. A written instrument certifying the existence of such vacancy signed by a majority Majority of the Trustees shall be conclusive evidence of the existence of such vacancy.

Appears in 2 contracts

Samples: Agreement and Declaration of Trust (White Elk Funds), Agreement and Declaration of Trust (White Elk Funds)

Effect of Death, Resignation, etc. OF A TRUSTEE TRUSTEE. The death, declination, resignation, retirement, removal, or incapacity of the one or more Trustees, or any all of them, shall not operate to annul the Trust or to revoke any existing agency created pursuant to the terms of this Declaration of Trust. Whenever a vacancy in the number Board of Trustees shall occur, until such vacancy is filled as provided in Article IV, Section 1, 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. A As conclusive evidence of such vacancy, a written instrument certifying the existence of such vacancy signed may be executed by an officer of the Trust or by a majority of the Trustees shall be conclusive evidence Board of such vacancyTrustees.

Appears in 1 contract

Samples: Agreement and Declaration of Trust (Persimmon Growth Partners Investor Fund)

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Effect of Death, Resignation, etc. OF A TRUSTEE The No vacancy, whether resulting from the death, declination, resignation, retirement, removal, removal or incapacity of any Trustee, an increase in the Trustees, number of trustees or any of themotherwise, shall not operate to annul or terminate the Trust hereunder or to revoke or terminate any existing agency or contract created or entered into pursuant to the terms of this Declaration of Trust. Whenever a vacancy in the number of Trustees shall occur, until Until such vacancy is filled as provided in Article IV, this Section 14.1, the Trustees in officeoffice (if any), 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 TrustDeclaration. A written instrument certifying the existence of such vacancy signed by a majority of the Trustees shall be conclusive evidence of their existence of such vacancy.

Appears in 1 contract

Samples: Agreement and Declaration of Trust (Alger Fund)

Effect of Death, Resignation, etc. OF A TRUSTEE The No vacancy, whether resulting from the death, declination, resignation, retirement, removal, removal or incapacity of any Trustee, an increase in the Trustees, number of Trustees or any of themotherwise, shall not operate to annul or terminate the Trust hereunder or to revoke or terminate any existing agency or contract created or entered into pursuant to the terms of this Declaration of TrustDeclaration. Whenever a vacancy in the number of Trustees shall occur, until Until such vacancy is filled as provided in Article IV, Section 1this SECTION 4.1, the Trustees in officeoffice (if any), 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 TrustDeclaration. A written instrument certifying the existence of such vacancy signed by a majority Majority of the Trustees shall be conclusive evidence of the existence of such vacancy.

Appears in 1 contract

Samples: Agreement and Declaration of Trust (Global China Growth Fund)

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