Common use of Establishment, etc Clause in Contracts

Establishment, etc. of Series; Authorization of Shares. The establishment and designation of any Series or Class and the authorization of the Shares thereof shall be effective upon the execution by a Majority of the Trustees (or by an officer of the Trust pursuant to the vote of 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 and the manner in which the same may be amended (a "Certificate of Designation"), and may provide that the number of Shares of such Series or Class which may be issued is unlimited, or may limit the number issuable. At any time that there are no Shares outstanding of any particular Series or Class previously established and designated, 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 or Class and the establishment and designation thereof and the authorization of its Shares (a "Certificate of Termination"). Each Certificate of Designation, Certificate of Termination and any instrument amending a Certificate of Designation shall have the status of an amendment to this Declaration of Trust.

Establishment, etc. of Series; Funds Authorization of Shares. The establishment In order to establish and designation of designate any Series or Class Fund in addition to the Existing Fund and the authorization of to authorize the Shares thereof shall be effective upon the execution by thereof, a Majority of the Trustees (or by an officer of the Trust pursuant to the vote of a Majority of the Trustees) of shall execute an instrument setting forth such establishment and designation and the relative rights and preferences of the Shares of the Series representing interests in such Series or Class Fund and the manner in which the same may be amended (a "Certificate of Designation"), and ) which may provide that the number of Shares of such Series or Class which may be issued is unlimited, or may limit the number issuable. At any time that there are outstanding no Shares outstanding of any particular Series or Class previously established and designated, including any Series or Class representing interests in the Existing Fund, the Trustees may by be 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 or Class and the establishment and designation thereof and the authorization of its Shares (a "Certificate of Termination"). " Each Certificate of Designation, 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 and become effective as provided in Section 9.4 hereof.

Establishment, etc. of SeriesOF ADDITIONAL PORTFOLIOS; Authorization of SharesAUTHORIZATION OF SHARES. The establishment and designation of any Series or Class Portfolio (in addition to the portfolios established and the authorization designated in SECTION 6.2 hereof) and of the Series of Shares thereof representing the beneficial interests therein shall be effective upon the execution by a Majority of the Trustees (or by an officer of the Trust pursuant to the vote of 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 and the manner in which the same may be amended (a "Certificate of DesignationCERTIFICATE OF DESIGNATION"), and which may provide that the number of Shares of such Series or Class which that may be issued is unlimited, or may limit the number issuable. At any time that there are at which no Shares outstanding of any particular a Series or Class previously (including the Series established and designateddesignated in SECTION 6.2 hereof) are outstanding, the Trustees may terminate such Series and the Portfolio to which it pertains by an instrument so providing which is executed by a Majority of the Trustees (Trustees, or by an officer of the Trust pursuant to the vote of a Majority of the Trustees) terminate such Series or Class and the establishment and designation thereof and the authorization of its Shares Trustees (a "Certificate of TerminationCERTIFICATE OF TERMINATION"). Each Certificate of Designation, Designation or Certificate of Termination Termination, and any instrument amending a Certificate of Designation Designation, shall have the status of an amendment to this Declaration of TrustDeclaration, 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 Series; Authorization of Shares. The establishment and designation of any Series or Class and the authorization of the Shares thereof shall be effective upon the execution by a Majority of the Trustees (or by an officer of the Trust pursuant to the vote of 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 and the manner in which the same may be amended (a "“Certificate of Designation"”), and may provide that the number of Shares of such Series or Class which may be issued is unlimited, or may limit the number issuable. At any time that there are no Shares outstanding of any particular Series or Class previously established and designated, 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 or Class and the establishment and designation thereof and the authorization of its Shares (a "“Certificate of Termination"”). Each Certificate of Designation, Certificate of Termination and any instrument amending a Certificate of Designation shall have the status of an amendment to this Declaration of Trust.

Establishment, etc. of SeriesFunds; Authorization of Shares. The establishment In order to establish and designation of designate any Series or Class Fund in addition to the Existing Fund and the authorization of to authorize the Shares thereof shall be effective upon the execution by thereof, a Majority of the Trustees (or by an officer of the Trust pursuant to the vote of a Majority of the Trustees) of shall execute an instrument setting forth such establishment and designation and the relative rights and preferences of the Shares of the Series representing interests in such Series or Class Fund and the manner in which the same may be amended (a "Certificate of Designation"), and ) which may provide that the number of Shares of such Series or Class which may be issued is unlimited, or may limit the number issuable. At any time that there are outstanding no Shares outstanding of any particular Series or Class previously established and designated, including any Series or Class representing interests in the Existing Fund, the Trustees may by be 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 or Class and the establishment and designation thereof and the authorization of its Shares (a "Certificate of Termination"). '' Each Certificate of Designation, 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 and become effective as provided in Section 9.4 hereof.