Establishment and Designation of Classes. Unless another time is specified by the Trustees, the establishment and designation of any Class shall be effective upon the adoption by a majority of the Trustees of a resolution setting forth such establishment and designation and the preferences, powers, rights and privileges of the Shares of such Class, whether directly in such resolution or by reference to, or approval of, another document that sets forth such relative rights and preferences of such Class, including, without limitation, any registration statement of the Trust, or as otherwise provided in such resolution. Each such resolution shall be incorporated herein by reference upon adoption. Shares of each Class established pursuant to this Section 6, unless otherwise provided in the resolution establishing such Class, shall have the following relative rights and preferences:
Establishment and Designation of Classes. The establishment and designation of any Class shall be effective, without the requirement of Shareholder approval, upon the adoption of a resolution by not less than a majority of the then Board of Trustees, which resolution shall set forth such establishment and designation and may provide, to the extent permitted by the DSTA, for rights, powers and duties of such Class (including variations in the relative rights and preferences as between the different Classes) otherwise than as provided herein. Each such resolution shall be incorporated herein by reference upon adoption. Any such resolution may be amended by a further resolution of a majority of the Board of Trustees, and if Shareholder approval would be required to make such an amendment to the language set forth in this Declaration of Trust, such further resolution shall require the same Shareholder approval that would be necessary to make such amendment to the language set forth in this Declaration of Trust. Each such further resolution shall be incorporated herein by reference upon adoption. Each Class of the Trust shall be separate and distinct from any other Class of the Trust. As appropriate, in a manner determined by the Board of Trustees, the liabilities belonging to any such Class shall be held and accounted for separately from the liabilities of the Trust or any other Class and separate and distinct records on the books of the Trust for the Class shall be maintained for this purpose. Shares of each Class established and designated pursuant to this Section 6, unless otherwise provided to the extent permitted by the DSTA, in the resolution establishing and designating such Class, shall have the following rights, powers and duties:
Establishment and Designation of Classes. As contemplated by Section 3.1, the variations in the relative rights and preferences as between any Classes of Common Shares and any potential Preferred Shares shall be fixed and determined by the Trustees; provided, that all Common Shares or Preferred Shares of the Fund or of any Series shall be identical to all other Common Shares or Preferred Shares of the Fund or of the same Series, as the case may be, except that, to the extent permitted by the 1940 Act, there may be variations between different Classes as to allocation of expenses, rights of redemption, special and relative rights and preferences as to dividends and distributions and on liquidation, conversion rights, and conditions under which the several Classes shall have separate voting rights. Any Class of Preferred Shares shall have such rights and preferences and priorities over the Common Shares as may be established by the terms thereof. The following provisions shall be applicable to any division of Shares of the Fund into one or more Classes or Series:
Establishment and Designation of Classes. As contemplated by Section 3.1, the variations in the relative rights and preferences as between the Classes of Common Stock and Preferred Stock shall be fixed and determined by the Trustees; provided, that all Common Stock or Preferred Stock of the Fund or of any Series shall be identical to all other Common Shares of the Fund or Preferred Stock of the same Series, as the case may be, except that, to the extent permitted by the 1940 Act, there may be variations between different Classes as to allocation of expenses, right of redemption, special and relative rights and preferences as to dividends and distributions and on liquidation, conversion rights, and conditions under which the several Classes shall have separate voting rights. Any Class of Preferred Stock shall have such rights and preferences and priorities over the Common Stock as may be established by the terms thereof. All references to Shares in this Declaration shall be deemed to be Shares of any or all Classes as the context may require. The following provisions shall be applicable to any division of Shares of the Fund into one or more Classes or Series:
Establishment and Designation of Classes of the Sub-Trusts. Without limiting the authority of the Trustees set forth in Section 4.1 of this Agreement to establish and designate any further Sub-Trusts and Classes of Sub-Trusts, and without affecting the rights and preferences of existing Sub-Trusts and Classes, the Trustees hereby establish and designate the following Classes for the Sub-Trusts listed below: Sub-Trust Classes 2010 Strategy Fund A, E, R1, R2, R3, S 2015 Strategy Xxxx X0, X0, X0 0000 Strategy Fund A, E, R1, R2, R3, S 2025 Strategy Xxxx X0, X0, X0 0000 Strategy Fund A, E, R1, R2, R3, S 2035 Strategy Xxxx X0, X0, X0 0000 Strategy Fund A, E, R1, R2, R3, S 2045 Strategy Xxxx X0, X0, X0 0000 Strategy Fund R1, R2, R3 In Retirement Xxxx X0, X0, X0 0000 Accelerated Distribution Fund A Shares A 2017 Retirement Distribution Fund A Shares A 2027 Extended Distribution Fund A Shares A 2017 Accelerated Distribution Fund S Shares S 2017 Retirement Distribution Fund S Shares S 2027 Extended Distribution Fund S Shares S Conservative Strategy Fund A, C, E, R1, R2, R3, S Moderate Strategy Fund A, C, E, R1, R2, R3, S Balanced Strategy Fund A, C, E, R1, R2, R3, S Equity Growth Strategy Fund A, C, E, R1, R2, R3, S Growth Strategy Fund A, C, E, R1, R2, R3, S Xxxxxxx Tax-Managed Global Equity Fund C, E, S Xxxxxxx U.S. Core Equity Fund A, C, E, I, S, Y Xxxxxxx U.S. Quantitative Equity Fund A, C, E, I, S, Y Xxxxxxx U.S. Growth Fund C, E, I, S Xxxxxxx U.S. Value Fund C, E, I, S Xxxxxxx U.S. Small & Mid Cap Fund A, C, E, I, S, Y Xxxxxxx International Developed Markets Fund A, C, E, I, S, Y Xxxxxxx Global Equity Fund A, C, E, S, Y Xxxxxxx Emerging Markets Fund A, C, E, S, Y Xxxxxxx Tax-Managed U.S. Large Cap Fund C, E, S Xxxxxxx Tax-Managed U.S. Mid & Small Cap Fund C, E, S Xxxxxxx Strategic Bond Fund A, C, E, I, S, Y Xxxxxxx Investment Grade Bond Fund C, E, I, S, Y Xxxxxxx Xxxxx Duration Bond Fund A, C, E, S, Y Xxxxxxx Tax Exempt Bond Fund C, E, S Xxxxxxx Real Estate Securities Fund A, C, E, S, Y Xxxxxxx Money Market Fund A, S, Y Xxxxxxx Flex Equity Fund A, B, C
Establishment and Designation of Classes of the Sub-Trusts. Without limiting the authority of the Trustees set forth in Section 4.1 of this Agreement to establish and designate any further Sub-Trusts and Classes of Sub-Trusts, and without affecting the rights and preferences of existing Sub-Trusts and Classes, the Trustees hereby establish and designate the following Classes for the Sub-Trusts listed below:
Establishment and Designation of Classes. Without limiting the authority of the Trustees set forth in Section 4.1 of the Agreement to establish and designate any further Sub-Trusts, and without affecting the rights and preferences of any existing Sub-Trust or class of any existing Sub-Trust, the Trustees hereby establish and designate ( (i) Class R4 and Class R5 Shares of the existing Conservative Strategy Fund, Moderate Strategy Fund, Balanced Strategy Fund, Growth Strategy Fund, Equity Growth Strategy Fund, 2015 Strategy Fund, 2020 Strategy Fund, 2025 Strategy Fund, 2030 Strategy Fund, 2035 Strategy Fund, 2040 Strategy Fund, 2045 Strategy Fund, 2050 Strategy Fund, 2055 Strategy Fund and In Retirement Fund. In furtherance thereof, the Trustees direct that the new Shares of each of the Conservative Strategy Fund, Moderate Strategy Fund, Balanced Strategy Fund, Growth Strategy Fund, Equity Growth Strategy Fund, 2015 Strategy Fund, 2020 Strategy Fund, 2025 Strategy Fund, 2030 Strategy Fund, 2035 Strategy Fund, 2040 Strategy Fund, 2045 Strategy Fund, 2050 Strategy Fund, 2055 Strategy Fund and In Retirement Fund shall have all the relative rights and preferences set forth in Section 4.2 of the Agreement, shall represent an equal proportionate interest in the underlying assets and liabilities of that Sub-Trust, and shall generally have identical voting, dividend, liquidation and other rights, preferences, powers, restrictions, limitations, obligations, qualifications and terms and conditions as all other Shares of such Sub-Trust, except as set forth in the Agreement.
