Common use of Establishment, etc. of Funds and Classes; Authorization of Shares Clause in Contracts

Establishment, etc. of Funds and Classes; Authorization of Shares. The establishment and designation of any Fund in addition to the Xxxxx China-U.S. Growth Fund established and designated in Section 6.2. hereof, or of any Class or Classes of Shares of any Series, and the authorization of the Shares thereof, shall be effective when a Majority of the Trustees (or an officer of the Trust pursuant to the vote of a Majority of the Trustees) shall have executed an instrument establishing and designating (i) such Fund and the Series (and Classes, if any) of Shares representing the beneficial interests therein, or (ii) the relative rights and preferences of such Class or Classes, as the case may be, and in either case the manner in which the same may be amended (a “Certificate of Designation”), which may provide that the number of Shares of any such Series or Class that may be issued is unlimited, or may limit the number issuable. At any time that there are outstanding (a) no Shares of a Series, including the Xxxxx China-U.S. Growth Fund Series established and designated by Section 6.2. hereof, or (b) no shares of a particular Class previously established and designated for any Series, and no Shares of any other Class of such Series which are convertible into Shares of that Class, the Trustees may by an instrument executed by a Majority of the Trustees (or by an officer of the Trust pursuant to the vote of a Majority of the Trustees) terminate such Series and the Fund to which it pertains (in case (a)), or such Class (in case (b)), and the establishment and designation thereof and the authorization of its Shares (a “Certificate of Termination”). Each Certificate of Designation or Certificate of Termination, and any instrument amending a Certificate of Designation, shall have the status of an amendment to this Declaration of Trust, and shall be filed as provided in Section 9.4. hereof, but such filing shall not be a prerequisite to the effectiveness thereof.

Establishment, etc. of Funds and Classes; Authorization of Shares. The establishment and designation of any Fund in addition to the Xxxxx China-U.S. Growth Fund established and designated in Section 6.2. hereofFund, or of any Class or Classes of Shares of any Series, and the authorization of the Shares thereof, shall be effective when a Majority of the Trustees (or an officer of the Trust pursuant to the vote of a Majority of the Trustees) shall have executed an instrument establishing and designating (i) such Fund and the Series (and Classes, if any) of Shares representing the beneficial interests therein, or (ii) the relative rights and preferences of such Class or Classes, as the case may be, and in either case the manner in which the same may be amended (a “Certificate of Designation”), which may provide that the number of Shares of any such Series or Class that may be issued is unlimited, or may limit the number issuable. At any time that there are outstanding (a) no Shares of a Series, including the Xxxxx China-U.S. Growth Fund Series established and designated by Section 6.2. hereof, or (b) no shares of a particular Class previously established and designated for any Series, and no Shares of any other Class of such Series which are convertible into Shares of that Class, the Trustees may by an instrument executed by a Majority of the Trustees (or by an officer of the Trust pursuant to the vote of a Majority of the Trustees) terminate such Series and the Fund to which it pertains (in case (a)), or such Class (in case (b)), and the establishment and designation thereof and the authorization of its Shares (a “Certificate of Termination”). Each Certificate of Designation or Certificate of Termination, and any instrument amending a Certificate of Designation, shall have the status of an amendment to this Declaration of Trust, and shall be filed as provided in Section 9.4. hereof, but such filing shall not be a prerequisite to the effectiveness thereof.