Establishment and Designation of Series and Classes. The establishment and designation of any Series or 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 Series or Class (including variations in the relative rights and preferences as between the different Series and 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 Series shall be separate and distinct from any other Series, separate and distinct records on the books of the Trust shall be maintained for each Series, and the assets and liabilities belonging to any such Series shall be held and accounted for separately from the assets and liabilities of the Trust or any other Series. Each Class of the Trust shall be separate and distinct from any other Class of the Trust. Each Class of a Series shall be separate and distinct from any other Class of the Series. 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, the Series or any other Class and separate and distinct records on the books of the Trust for the Class shall be maintained for this purpose. Subject to Article II hereof, each such Series shall operate as a separate and distinct investment medium, with separately defined investment objectives and policies. Shares of each Series (and Class where applicable) 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 Series or Class, shall have the following rights, powers and duties:
Establishment and Designation of Series and Classes. The establishment and designation of any Series or Class of Shares shall be made either by the vote of a majority of the Trustees or by the execution by a majority of the Trustees of an instrument in each case setting forth such establishment and designation, the effective date of such establishment and designation and the relative rights, preferences, privileges, limitations, restrictions and other relative terms of such Series and/or Class, whether directly in such resolution or instrument or by reference to one or more documents or instruments outside this Declaration and outside the resolutions, as the same may be in effect from time to time, including any Prospectus relating to such Series or Class, and any such resolutions or instruments shall be deemed to be incorporated by reference herein as part of the Trust's "governing instrument" within the meaning of the Delaware Act. Additions or modifications to a designation, including, without limitation, any termination of an existing Series or Class, shall be made in the same manner as is permitted for the establishment and designation of such Series or Class.
Establishment and Designation of Series and Classes. Without limiting the authority of the Trustees as set forth in Section 5, inter alia, to establish and designate any further Series or classes or to modify the rights and preferences of any Series or class, the following Series shall be, and are hereby, established and designated; Columbia Variable Portfolio – Balanced Fund Columbia Variable Portfolio – Commodity Strategy Fund Columbia Variable Portfolio – Core Equity Fund Columbia Variable Portfolio – Disciplined Core Fund Columbia Variable Portfolio—Dividend Opportunity Fund Columbia Variable Portfolio – Emerging Markets Bond Fund Columbia Variable Portfolio – Emerging Markets Fund Columbia Variable Portfolio – Global Bond Fund Columbia Variable Portfolio – Government Money Market Fund Columbia Variable Portfolio – High Yield Bond Fund Columbia Variable Portfolio – Income Opportunities Fund Columbia Variable Portfolio – Intermediate Bond Fund Columbia Variable Portfolio – Large Cap Growth Fund Columbia Variable Portfolio – Large Cap Index Fund Columbia Variable Portfolio – Limited Duration Credit Fund Columbia Variable Portfolio – Managed Volatility Moderate Growth Fund Columbia Variable Portfolio – Mid Cap Growth Fund Columbia Variable Portfolio – Mid Cap Value Fund Columbia Variable Portfolio – Select International Equity Fund Columbia Variable Portfolio – Select Large - Cap Value Fund Columbia Variable Portfolio – Select Smaller - Cap Value Fund Columbia Variable Portfolio – Xxxxxxxx Global Technology Fund Columbia Variable Portfolio – U.S. Equities Fund Columbia Variable Portfolio – U.S. Government Mortgage Fund Variable Portfolio – Aggressive Portfolio Variable Portfolio – American Century Diversified Bond Fund Variable Portfolio – BlackRock Global Inflation-Protected Securities Fund Variable Portfolio – CenterSquare Real Estate Fund Variable Portfolio – Columbia Xxxxxx International Equities Fund Variable Portfolio – Conservative Portfolio Variable Portfolio – DFA International Value Fund Variable Portfolio – Xxxxx Xxxxx Floating-Rate Income Fund Variable Portfolio – X.X. Xxxxxx Core Bond Fund Variable Portfolio – Xxxxxx Xxxxxx Growth Fund Variable Portfolio – Los Angeles Capital Large Cap Growth Fund Variable Portfolio – MFS® Blended Research® Core Equity Fund Variable Portfolio—MFS® Value Fund Variable Portfolio – Moderate Portfolio Variable Portfolio – Moderately Aggressive Portfolio Variable Portfolio – Moderately Conservative Portfolio Variable Portfolio – Xxxxxx Xxxxxxx Advantage Fund Variabl...
Establishment and Designation of Series and Classes. Shares of each Series established through and including the Effective Date shall have the following rights and preferences relative to Shares of each other Series, and Shares of each class of a Multi-Class Series shall have such rights and preferences relative to other classes of the same Series as are set forth below, together with such other rights and preferences relative to such other classes as are set forth in any resolution of the Trustees establishing and designating such class of Shares:
(a) Assets belonging to Series. Subject to the provisions of paragraph (c) of this Section 6: All consideration received by the Trust for the issue or sale of Shares of a particular Series, together with all assets in which such consideration is invested or reinvested, all income, earnings, profits and proceeds thereof from whatever source derived, including, without limitation, any proceeds derived from the sale, exchange or liquidation of such assets, and any funds or payments derived from any reinvestment of such proceeds in whatever form the same may be, shall irrevocably belong to that Series for all purposes, subject only to the rights of creditors of that Series, and shall be so recorded upon the books of account of the Trust. Such consideration, assets, income, earnings, profits and proceeds thereof, from whatever source derived, including, without limitation, any proceeds derived from the sale, exchange or liquidation of such assets, and any funds or payments derived from any reinvestment of such proceeds, in whatever form the same may be, are herein referred to as "assets belonging to" that Series. In the event that there are any assets, income, earnings, profits and proceeds thereof, funds or payments which are not readily identifiable as belonging to any particular Series (collectively "General Assets"), the Trustees shall allocate such General Assets to, between or among any one or more of the Series established and designated from time to time in such manner and on such basis as they, in their sole discretion, deem fair and equitable, and any General Asset so allocated to a particular Series shall belong to that Series. Each such allocation by the Trustees shall be conclusive and binding upon the Shareholders of all Series for all purposes.
Establishment and Designation of Series and Classes. Without limiting the authority of the Trustees set forth in Section 5, inter alia, to establish and designate any further Series or classes or to modify the rights and preferences of any Series or class, the following Series shall be, and is hereby, established and designated as a Multi-Class Series: the "Original Series." Shares of each Series established in this Section 6 shall have the following rights and preferences relative to Shares of each other Series, and Shares of each class of a Multi-Class Series shall have such rights and preferences relative to other classes of the same Series as are set forth below, together with such other rights and preferences relative to such other classes as are set forth in any resolution of the Trustees establishing and designating such class of Shares:
Establishment and Designation of Series and Classes. Shares of each Series shall have such rights and preferences relative to Shares of each other Series, and Shares of each class of a Multi-Class Series shall have such rights and preferences relative to other classes of the same Series, as are set forth below, together with such other rights and preferences as are set forth in any resolution of the Trustees establishing and designating such Series or class of Shares:
Establishment and Designation of Series and Classes. Without limiting the authority of the Trustees set forth in Section 5, inter alia, to establish and designate any further Series or classes or to modify the rights and preferences of any Series or class, the following Series of Shares be, and hereby are, established and designated as Multi-Class Series:
Establishment and Designation of Series and Classes. If so authorized, the establishment and designation of any Series (or class) shall be effective upon the execution by a majority of the Trustees of an instrument setting forth such establishment and designation and the relative rights and preferences of the Shares of such Series (or class), or as otherwise provided in such instrument. Each instrument referred to in this paragraph shall have the status of an amendment to this Declaration. Shares of any Series (or class) hereafter established pursuant to this Section 6, unless otherwise provided in the instrument establishing such Series (or class), shall have the following relative rights and preferences:
Establishment and Designation of Series and Classes. The establishment and designation of any Series of Shares, or Classes thereof, shall be effective upon resolution by a majority of the then Trustees, setting forth such establishment and designation and the relative rights and preferences of such Series, or as otherwise provided in such resolution or as provided by reference to, or approval of, another document that sets forth such relative rights and preferences of the Shares of such Series or Class. Such establishment and designation shall be set forth in an amendment to this Declaration of Trust by execution of a new Schedule A to this Declaration of Trust. Shares of each Series, or Classes thereof, established pursuant to this Section 6, unless otherwise provided in the resolution establishing such Series or as modified by the Multiple Class Plan adopted by the Trustees in accordance with applicable law, as amended or replaced from time to time, shall have the following rights and preferences:
Establishment and Designation of Series and Classes. Shares of each Series established through and including the Effective Date shall have the following rights and preferences relative to Shares of each other Series, and Shares of each class of a Multi-Class Series shall have such rights and preferences relative to other classes of the same Series as are set forth below, together with such other rights and preferences relative to such other classes as are set forth in any resolution of the Trustees establishing and designating such class of Shares: