Establishment of Series. The Trust created hereby shall consist of one or more Series. The Trustees shall have full power and authority, in their sole discretion, and without obtaining any prior authorization or vote of the Shareholders of any Series of the Trust, to establish and designate and to change in any manner such Series of Shares or any classes of initial or additional Series and to fix such preferences, voting powers, rights and privileges of such Series or classes thereof as the Trustees may from time to time determine, to divide and combine the Shares or any Series or classes thereof into a greater or lesser number, to classify or reclassify any Shares of the Trust or any Series or class into Shares of one or more Series or classes (whether the Shares to be classified or reclassified are issued and outstanding or unissued and whether such Shares constitute part or all of the Shares of the Trust or such Series or class), to abolish any one or more Series or classes of Shares or to take such other action with respect to the Shares as the Trustees may deem desirable. The establishment of any Series or class thereof shall be effective upon the adoption by the Trustees of a resolution that sets forth the designation of, or otherwise identifies, such Series or class, whether directly in such resolution or by reference to, or approval of, another document that sets forth the designation of, or otherwise identifies, such Series or class including any Registration Statement of the Trust, any amendment and/or restatement of this Trust Agreement or as otherwise provided in such resolution. The relative rights and preferences of each Series and each class thereof shall be as set forth herein and as set forth in any Registration Statement relating thereto, unless otherwise provided in the resolution establishing such Series or class. A Series may issue any number of Shares and need not issue Shares. The Trustees shall have the authority, without the approval of the Shareholders of the Trust or any Series or class thereof unless otherwise required by applicable federal law, (a) to combine the assets and liabilities held with respect to any two or more Series or classes into assets and liabilities held with respect to a single Series or class and in connection therewith to cause the Shareholders of each such Series or class to become Shareholders of such single Series or class and (b) to divide the assets and liabilities held with respect to any Series or class thereof into assets and liabilities held with respect to an additional one or more Series or classes and in connection therewith to cause some or all of the Shareholders of such Series or class to be admitted as Shareholders of such additional one or more Series or classes. All references to Shares in this Trust Agreement shall be deemed to be Shares of any or all Series, or classes thereof, as the context may require. All provisions herein relating to the Trust shall apply equally to each Series of the Trust, and each class thereof, except as the context otherwise requires. Each Share of a Series of the Trust shall represent an equal beneficial interest in the net assets of such Series. Each holder of Shares of a Series shall be entitled to receive his pro rata share of distributions of income and capital gains, if any, made with respect to such Series. Upon redemption of his Shares, such Shareholder shall be paid solely out of the funds and property of such Series of the Trust.
Appears in 1 contract
Establishment of Series. The Trust created hereby shall consist of one or more Series. The initial Series shall be TCW Transform 500 ETF. The Trustees shall have full power and authority, in their sole discretion, and without obtaining any prior authorization or vote of the Shareholders of any Series of the Trust, to establish and designate and to change in any manner such any Series or Classes of Shares or any classes of (including the initial or additional Series established pursuant to this Section 2.5), and to fix such preferences, voting powers, rights and privileges of such Series or classes thereof Classes as the Trustees may from time to time determine, to divide and combine the Shares or of any Series or classes thereof Classes into a greater or lesser number, to classify or reclassify any Shares of the Trust or any Series or class Classes into Shares of one or more Series or classes Classes (whether the Shares to be classified or reclassified are issued and outstanding or unissued and whether such Shares constitute part or all of the Shares of the Trust or such Series or classClass), to abolish any one or more Series or classes of Shares Classes or to take such other action with respect to the Shares as the Trustees may deem desirable. The establishment and designation of any additional Series or class thereof Classes shall be effective upon the adoption by the Trustees of a resolution that sets forth the designation of, or otherwise identifies, such Series or classClass, whether directly in such resolution or by reference to, or approval of, another document that sets forth the designation of, or otherwise identifies, such Series or class Class including any Registration Statement of the TrustStatement, any amendment and/or restatement of this Trust Agreement Instrument or as otherwise provided in such resolution. The relative rights and preferences of each Series and each class thereof Class (including the initial Series established under this Section 2.5) shall be as set forth herein and as set forth in any Registration Statement relating thereto, unless otherwise provided in the resolution establishing such Series or classClass. A Series may issue any number of Shares and need not issue Shares. The Trustees shall have the authority, without the approval of the Shareholders of the Trust or any Series or class thereof Class unless otherwise required by applicable federal law, (a) to combine the assets and liabilities held with respect to any two or more Series or classes Classes into assets and liabilities held with respect to a single Series or class Class and in connection therewith to cause the Shareholders of each such Series or class Class to become Shareholders of such single Series or class Class and (b) to divide the assets and liabilities held with respect to any Series or class thereof Class into assets and liabilities held with respect to an additional one or more Series or classes Classes and in connection therewith to cause some or all of the Shareholders of such Series or class Class to be admitted as Shareholders of such additional one or more Series or classesClasses. All references to Shares in this Trust Agreement Instrument shall be deemed to be Shares of any or all Series, Series or classes thereofClasses, as the context may require. All provisions herein relating to the Trust shall apply equally to each Series of the Trust, and each class thereofClass, except as the context otherwise requires. Each The Trustees are authorized to cause the Trust to issue Shares in the Trust and, upon any such issuance, to the extent applicable, all references to Shares in this Trust Instrument (including all provisions relating to the issuance of Shares) shall apply to Shares of the Trust and all references to Series in this Trust Instrument shall apply to the Trust. Subject to the distinctions permitted among Series established by the Trustees consistent with the requirements of the 1940 Act, each Share of a Series of the Trust shall represent an equal beneficial interest in the net assets of such Series. Each holder of Shares Shareholder of a Series shall be entitled to receive his such Shareholder’s pro rata share of distributions of income and capital gains, if any, made with respect to such Series. Upon redemption of his Shares, such Shareholder shall be paid solely out of the funds and property of such Series of the Trust.
Appears in 1 contract
Establishment of Series. The Trust created hereby shall consist of one or more Series. The initial Series shall be BlackRock High Yield Muni Income Bond ETF. The Trustees shall have full power and authority, in their sole discretion, and without obtaining any prior authorization or vote of the Shareholders of any Series of the Trust, to establish and designate and to change in any manner such any Series or Classes of Shares or any classes of (including the initial or additional Series established pursuant to this Section 2.5), and to fix such preferences, voting powers, rights and privileges of such Series or classes thereof Classes as the Trustees may from time to time determine, to divide and combine the Shares or of any Series or classes thereof Classes into a greater or lesser number, to classify or reclassify any issued Shares of the Trust or any Series or class Classes into Shares of one or more Series or classes (whether the Shares to be classified or reclassified are issued and outstanding or unissued and whether such Shares constitute part or all of the Shares of the Trust or such Series or class)Classes, to abolish any one or more Series or classes of Shares Classes or to take such other action with respect to the Shares as the Trustees may deem desirable. The establishment and designation of any additional Series or class thereof Classes shall be effective upon the adoption by the Trustees of a resolution that sets forth the designation of, or otherwise identifies, such Series or classClass, whether directly in such resolution or by reference to, or approval of, another document that sets forth the designation of, or otherwise identifies, such Series or class Class including any Registration Statement of the TrustStatement, any amendment and/or restatement of this Trust Agreement Instrument or as otherwise provided in such resolution. The relative rights and preferences of each Series and each class thereof Class (including the initial Series established under this Section 2.5) shall be as set forth herein and as set forth in any Registration Statement relating thereto, unless otherwise provided in the resolution establishing such Series or classClass. A Series may issue any number of Shares and need not issue Shares. The Trustees shall have the authority, without the approval of the Shareholders of the Trust or any Series or class thereof Class unless otherwise required by applicable federal law, (a) to combine the assets and liabilities held with respect to any two or more Series or classes Classes into assets and liabilities held with respect to a single Series or class Class and in connection therewith to cause the Shareholders of each such Series or class Class to become Shareholders of such single Series or class Class and (b) to divide the assets and liabilities held with respect to any Series or class thereof Class into assets and liabilities held with respect to an additional one or more Series or classes Classes and in connection therewith to cause some or all of the Shareholders of such Series or class Class to be admitted as Shareholders of such additional one or more Series or classesClasses. All references to Shares in this Trust Agreement Instrument shall be deemed to be Shares of any or all Series, Series or classes thereofClasses, as the context may require. All provisions herein relating to the Trust shall apply equally to each Series of the Trust, and each class thereofClass, except as the context otherwise requires. Each The Trustees are authorized to cause the Trust to issue Shares in the Trust and, upon any such issuance, to the extent applicable, all references to Shares in this Trust Instrument (including all provisions relating to the issuance of Shares) shall apply to Shares of the Trust and all references to Series in this Trust Instrument shall apply to the Trust. Subject to the distinctions permitted among Series established by the Trustees consistent with the requirements of the 1940 Act, each Share of a Series of the Trust shall represent an equal beneficial interest in the net assets of such Series. Each holder of Shares Shareholder of a Series shall be entitled to receive his such Shareholder’s pro rata share of distributions of income and capital gains, if any, made with respect to such Series. Upon redemption of his Shares, such Shareholder shall be paid solely out of the funds and property of such Series of the Trust.
Appears in 1 contract
Samples: Agreement and Declaration of Trust (BlackRock ETF Trust II)
Establishment of Series. The Trust created hereby shall consist of one or more Series. The initial Series shall be BlackRock U.S. Equity Factor Rotation ETF. The Trustees shall have full power and authority, in their sole discretion, and without obtaining any prior authorization or vote of the Shareholders of any Series of the Trust, to establish and designate and to change in any manner such any Series or Classes of Shares or any classes of (including the initial or additional Series established pursuant to this Section 2.5), and to fix such preferences, voting powers, rights and privileges of such Series or classes thereof Classes as the Trustees may from time to time determine, to divide and combine the Shares or of any Series or classes thereof Classes into a greater or lesser number, to classify or reclassify any issued Shares of the Trust or any Series or class Classes into Shares of one or more Series or classes (whether the Shares to be classified or reclassified are issued and outstanding or unissued and whether such Shares constitute part or all of the Shares of the Trust or such Series or class)Classes, to abolish any one or more Series or classes of Shares Classes or to take such other action with respect to the Shares as the Trustees may deem desirable. The establishment and designation of any additional Series or class thereof Classes shall be effective upon the adoption by the Trustees of a resolution that sets forth the designation of, or otherwise identifies, such Series or classClass, whether directly in such resolution or by reference to, or approval of, another document that sets forth the designation of, or otherwise identifies, such Series or class Class including any Registration Statement of the TrustStatement, any amendment and/or restatement of this Trust Agreement Instrument or as otherwise provided in such resolution. The relative rights and preferences of each Series and each class thereof Class (including the initial Series established under this Section 2.5) shall be as set forth herein and as set forth in any Registration Statement relating thereto, unless otherwise provided in the resolution establishing such Series or classClass. A Series may issue any number of Shares and need not issue Shares. The Trustees shall have the authority, without the approval of the Shareholders of the Trust or any Series or class thereof Class unless otherwise required by applicable federal law, (a) to combine the assets and liabilities held with respect to any two or more Series or classes Classes into assets and liabilities held with respect to a single Series or class Class and in connection therewith to cause the Shareholders of each such Series or class Class to become Shareholders of such single Series or class Class and (b) to divide the assets and liabilities held with respect to any Series or class thereof Class into assets and liabilities held with respect to an additional one or more Series or classes Classes and in connection therewith to cause some or all of the Shareholders of such Series or class Class to be admitted as Shareholders of such additional one or more Series or classesClasses. All references to Shares in this Trust Agreement Instrument shall be deemed to be Shares of any or all Series, Series or classes thereofClasses, as the context may require. All provisions herein relating to the Trust shall apply equally to each Series of the Trust, and each class thereofClass, except as the context otherwise requires. Each The Trustees are authorized to cause the Trust to issue Shares in the Trust and, upon any such issuance, to the extent applicable, all references to Shares in this Trust Instrument (including all provisions relating to the issuance of Shares) shall apply to Shares of the Trust and all references to Series in this Trust Instrument shall apply to the Trust. Subject to the distinctions permitted among Series established by the Trustees consistent with the requirements of the 1940 Act, each Share of a Series of the Trust shall represent an equal beneficial interest in the net assets of such Series. Each holder of Shares Shareholder of a Series shall be entitled to receive his such Shareholder’s pro rata share of distributions of income and capital gains, if any, made with respect to such Series. Upon redemption of his Shares, such Shareholder shall be paid solely out of the funds and property of such Series of the Trust.
Appears in 1 contract
Samples: Agreement and Declaration of Trust (BlackRock ETF Trust)
Establishment of Series. The Trust created hereby shall consist of one or more Series. The Trustees shall have full power and authority, in their sole discretion, and without obtaining any prior authorization or vote of the Shareholders of any Series of the Trust, to establish and designate and to change in any manner such Series of Shares or any classes of initial or additional Series and to fix such preferences, voting powers, rights and privileges of such Series or classes thereof as the Trustees may from time to time determine, to divide and combine the Shares or any Series or classes thereof into a greater or lesser number, to classify or reclassify any issued Shares of the Trust or any Series or class classes thereof into Shares of one or more Series or classes (whether the Shares to be classified or reclassified are issued and outstanding or unissued and whether such Shares constitute part or all of the Shares of the Trust or such Series or class)Shares, to abolish any one or more Series or classes of Shares or to take such other action with respect to the Shares as the Trustees may deem desirable. The establishment and designation of any Series or class thereof shall be effective upon the adoption by the Trustees of a resolution that sets forth the designation of, or otherwise identifies, such Series or class, whether directly in such resolution or by reference to, or approval of, another document that sets forth the designation of, or otherwise identifies, such Series or class including any Registration Statement of the Trust, any amendment and/or restatement of this Trust Agreement Instrument or as otherwise provided in such resolution. The relative rights and preferences of each Series and each class thereof shall be as set forth herein and as set forth in any Registration Statement relating thereto, unless otherwise provided in the resolution establishing such Series or class. A Series may issue any number of Shares and need not issue Shares. The Trustees shall have the authority, without the approval of the Shareholders of the Trust or any Series or class thereof unless otherwise required by applicable federal law, (a) to combine the assets and liabilities held with respect to any two or more Series or classes into assets and liabilities held with respect to a single Series or class and in connection therewith to cause the Shareholders of each such Series or class to become Shareholders of such single Series or class and (b) to divide the assets and liabilities held with respect to any Series or class thereof into assets and liabilities held with respect to an additional one or more Series or classes and in connection therewith to cause some or all of the Shareholders of such Series or class to be admitted as Shareholders of such additional one or more Series or classes. All references to Shares in this Trust Agreement Instrument shall be deemed to be Shares of any or all Series, or classes thereof, as the context may require. All provisions herein relating to the Trust shall apply equally to each Series of the Trust, and each class thereof, except as the context otherwise requires. Each Share of a Series of the Trust shall represent an equal beneficial interest in the net assets of such Series. Each holder of Shares of a Series shall be entitled to receive his pro rata share of distributions of income and capital gains, if any, made with respect to such Series. Upon redemption of his Shares, such Shareholder shall be paid solely out of the funds and property of such Series of the Trust.
Appears in 1 contract
Establishment of Series. The Trust created hereby shall consist of one or more Series. The initial Series shall be Engine No. 1 U.S. Engagement ETF. The Trustees shall have full power and authority, in their sole discretion, and without obtaining any prior authorization or vote of the Shareholders of any Series of the Trust, to establish and designate and to change in any manner such any Series or Classes of Shares or any classes of (including the initial or additional Series established pursuant to this Section 2.5), and to fix such preferences, voting powers, rights and privileges of such Series or classes thereof Classes as the Trustees may from time to time determine, to divide and combine the Shares or of any Series or classes thereof Classes into a greater or lesser number, to classify or reclassify any Shares of the Trust or any Series or class Classes into Shares of one or more Series or classes Classes (whether the Shares to be classified or reclassified are issued and outstanding or unissued and whether such Shares constitute part or all of the Shares of the Trust or such Series or classClass), to abolish any one or more Series or classes of Shares Classes or to take such other action with respect to the Shares as the Trustees may deem desirable. The establishment and designation of any additional Series or class thereof Classes shall be effective upon the adoption by the Trustees of a resolution that sets forth the designation of, or otherwise identifies, such Series or classClass, whether directly in such resolution or by reference to, or approval of, another document that sets forth the designation of, or otherwise identifies, such Series or class Class including any Registration Statement of the TrustStatement, any amendment and/or restatement of this Trust Agreement Instrument or as otherwise provided in such resolution. The relative rights and preferences of each Series and each class thereof Class (including the initial Series established under this Section 2.5) shall be as set forth herein and as set forth in any Registration Statement relating thereto, unless otherwise provided in the resolution establishing such Series or classClass. A Series may issue any number of Shares and need not issue Shares. The Trustees shall have the authority, without the approval of the Shareholders of the Trust or any Series or class thereof Class unless otherwise required by applicable federal law, (a) to combine the assets and liabilities held with respect to any two or more Series or classes Classes into assets and liabilities held with respect to a single Series or class Class and in connection therewith to cause the Shareholders of each such Series or class Class to become Shareholders of such single Series or class Class and (b) to divide the assets and liabilities held with respect to any Series or class thereof Class into assets and liabilities held with respect to an additional one or more Series or classes Classes and in connection therewith to cause some or all of the Shareholders of such Series or class Class to be admitted as Shareholders of such additional one or more Series or classesClasses. All references to Shares in this Trust Agreement Instrument shall be deemed to be Shares of any or all Series, Series or classes thereofClasses, as the context may require. All provisions herein relating to the Trust shall apply equally to each Series of the Trust, and each class thereofClass, except as the context otherwise requires. Each The Trustees are authorized to cause the Trust to issue Shares in the Trust and, upon any such issuance, to the extent applicable, all references to Shares in this Trust Instrument (including all provisions relating to the issuance of Shares) shall apply to Shares of the Trust and all references to Series in this Trust Instrument shall apply to the Trust. Subject to the distinctions permitted among Series established by the Trustees consistent with the requirements of the 1940 Act, each Share of a Series of the Trust shall represent an equal beneficial interest in the net assets of such Series. Each holder of Shares Shareholder of a Series shall be entitled to receive his such Shareholder’s pro rata share of distributions of income and capital gains, if any, made with respect to such Series. Upon redemption of his Shares, such Shareholder shall be paid solely out of the funds and property of such Series of the Trust.
Appears in 1 contract
Samples: Agreement and Declaration of Trust (Engine No. 1 ETF Trust)