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

Effect of Death, Resignation, Removal, etc. of a Trustee. The death, declination, resignation, retirement, removal, declaration as bankrupt or incapacity of one or more Trustees, or of all of them, shall not operate to 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 the Board of Trustees shall occur, until such vacancy is filled as provided in this Article IV, Section 1, the Trustee(s) in office, regardless of the number and even if less than a quorum, 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 and the By-Laws as though such number constituted the entire Board. In the event of the death, declination, resignation, retirement, removal, declaration as bankrupt or incapacity of all of the then Trustees, the investment adviser to the Trust, which shall not include any investment sub-adviser of a Series, is empowered to appoint new Trustees, subject to the provisions of section 16(a) of the 1940 Act.

Effect of Death, Resignation, Removal, etc. of a Trustee. The death, declinationdeclination to serve, resignation, retirement, removal, declaration as bankrupt or incapacity of one or more Trustees, or of all of them, shall not operate to 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 the Board of Trustees shall occur, until such vacancy is filled as provided in this Article IV, Section 1, the Trustee(s) in office, regardless of the number and even if less than a quorumnumber, 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 and the By-Laws as though such number constituted the entire BoardTrust. In the event of the death, declination, resignation, retirement, removal, declaration as bankrupt or incapacity of all of the then TrusteesTrustees within a short period of time and without the opportunity of at least one Trustee being able to appoint additional Trustees to replace those no longer serving, the investment adviser to the Trust, which shall not include any investment sub-adviser of a Series, ’s Manager(s) is (are) empowered to appoint new Trustees, Trustees subject to the provisions of section Section 16(a) of the 1940 Act. In that case, any officer of the Trust may call a Shareholder meeting for the election of Trustees.