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

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 International Fund Inc), Spectra Fund (Spectra Fund Inc), Agreement and Declaration of Trust (Warburg Pincus Trust Ii)

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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: American Century California Tax Free & Municipal Funds, American Century Government Income Trust, American Century Municipal Trust

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 4 contracts

Samples: Agreement and Declaration (Alger Portfolios), Agreement and Declaration (Alger Funds Ii), Agreement and Declaration of Trust (Alger 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 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 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 (Alger ETF Trust), Agreement and Declaration of Trust (Alger China-Us Growth 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 Trust. 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

Samples: Axp California Tax-Exempt Trust

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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 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: Aggressive Growth Fund (JWB Aggressive Growth 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 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: Winthrop Focus 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 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 (or by an officer of the Trust pursuant to the vote or direction of a Majority of the Trustees) shall be conclusive evidence of the existence of such vacancy.

Appears in 1 contract

Samples: Afd Exchange Reserves (Afd Exchange Reserves)

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