Common use of Establishment, etc Clause in Contracts

Establishment, etc. OF PORTFOLIOS; AUTHORIZATION OF SHARES. The establishment and designation of any Portfolio in addition to the Portfolios established and designated in Section 6.2 hereof 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 Portfolio 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 which may be issued is unlimited, or may limit the number issuable. At any time that there are no Shares outstanding of any particular Portfolio previously established and designated, including any Portfolio established and designated in Section 6.2 hereof, 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 Portfolio 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 PORTFOLIOS; AUTHORIZATION OF SHARES. The establishment and designation of any Portfolio in addition to the Portfolios established and designated in Section 6.2 hereof and the authorization of the shares 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 Portfolio and the manner in which the same may be amended (a "CERTIFICATE OF DESIGNATIONDESIG- NATION"), and may provide that the number of shares Shares of such Series which may be issued is unlimited, or may limit the number issuable. At any time that there are no Shares outstanding of any particular Portfolio previously established and designated, including any Portfolio established and designated in Section 6.2 hereof, the Trustees may by an instrument executed by a majority Majority of the Trustees (or by an officer of the Trust pursuant to the vote of a Majority of the Trustees) terminate such Portfolio 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 PORTFOLIOS; AUTHORIZATION OF SHARES. The establishment and designation of any Portfolio in addition to the Portfolios established and designated in Section 6.2 hereof and the authorization of the shares 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 Portfolio and the manner in which the same may be amended (a "CERTIFICATE OF DESIGNATION"), and may provide that the number of shares Shares of such Series which may be issued is unlimited, or may limit the number issuable. At any time that there are no Shares outstanding of any particular Portfolio previously established and designated, including any Portfolio established and designated in Section 6.2 hereof, the Trustees may by an instrument executed by a majority Majority of the Trustees (or by an officer of the Trust pursuant to the vote of a Majority of the Trustees) terminate such Portfolio 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 PORTFOLIOSof Funds; AUTHORIZATION OF SHARESAuthorization of Shares. The establishment and designation of any Portfolio Fund in addition to the Portfolios Fund established and designated in Section 6.2 hereof and the authorization of the shares 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 Portfolio Fund and the manner in which the same may be amended (a "CERTIFICATE OF DESIGNATIONCertificate of Designation"), and . A Certificate of Designation may provide that the number of shares Shares of any such Series which may be issued is unlimited, or may limit the number issuable. At any time that there are no Shares outstanding of any particular Portfolio Fund previously established and designated, including any Portfolio Fund established and designated in Section 6.2 hereof, the Trustees may by an instrument (a "Certificate of Termination") executed by a majority Majority of the Trustees (or by an officer of the Trust pursuant to the vote of a Majority of the Trustees) terminate such Portfolio Fund and the establishment and designation thereof and the authorization of its Shares (a "CERTIFICATE OF TERMINATION")Shares. 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 9.3 hereof.