Effect of Death, Resignation, etc. No vacancy, whether resulting from the death, resignation, retirement, removal or incapacity of any Trustee, an increase in the number of Trustees or otherwise, shall 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. Until such vacancy is filled as provided in this Section 4.1, the Trustees in office (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. A written instrument certifying the existence of such vacancy signed by a Majority of the Trustees shall be conclusive evidence of the existence of such vacancy.
Appears in 12 contracts
Samples: Agreement and Declaration of Trust (Alliance Municipal Income Fund Ii), Agreement and Declaration of Trust (Janus Investment Fund), Trust Agreement (Warburg Pincus New York Intermediate Municipal Fund)
Effect of Death, Resignation, etc. No vacancyOF A TRUSTEE The death, whether resulting from the deathdeclination, resignation, retirement, removal removal, or incapacity of the Trustees, or any Trustee, an increase in the number of Trustees or otherwisethem, 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. Until Whenever a vacancy in the number of Trustees shall occur, until such vacancy is filled as provided in this Article IV, Section 4.11, the Trustees in office (if any)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 DeclarationDeclaration of Trust. 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 6 contracts
Samples: Agreement and Declaration of Trust (American Century Government Income Trust), Amended and Restated Agreement and Declaration of Trust (American Century California Tax Free & Municipal Funds), Agreement and Declaration of Trust (American Century International Bond Funds)
Effect of Death, Resignation, etc. No vacancy, whether resulting from the death, resignation, retirement, removal removal, or incapacity of any Trustee, an increase in the number of Trustees or otherwise, shall 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. Until such vacancy is filled as provided in this Section 4.1, the Trustees in office (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. A written instrument certifying the existence of such vacancy signed by a 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. No vacancy, whether resulting from the death, resignation, retirement, removal or incapacity of any Trustee, an increase in the number of Trustees Trus- tees or otherwise, shall 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. Until such vacancy is filled as provided in this Section 4.1, the Trustees in office (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. A written instrument certifying the existence of such vacancy signed by a Majority of the Trustees shall be conclusive evidence of the existence of such vacancy.
Appears in 1 contract
Samples: Agreement and Declaration of Trust (Alger Retirement Fund)
Effect of Death, Resignation, etc. No vacancy, whether resulting from the death, resignation, retirement, removal or incapacity of any Trustee, an increase in the number of Trustees or otherwise, shall 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. Until such vacancy is filled as provided in this Section SECTION 4.1, the Trustees in office (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. A written instrument certifying the existence of such vacancy signed by a Majority of the Trustees shall be conclusive evidence of the existence of such vacancy.
Appears in 1 contract
Effect of Death, Resignation, etc. No vacancy, whether resulting from the death, resignation, retirement, removal or incapacity of any Trustee, an increase in the number of Trustees trustees or otherwise, shall 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. Until such vacancy is filled as provided in this Section 4.1, the Trustees in office (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. A written instrument certifying the existence of such vacancy signed by a Majority majority of the Trustees shall be conclusive evidence of the their existence of such vacancy.
Appears in 1 contract
