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Common use of Limited Term Clause in Contracts

Limited Term. (a) The Trust created hereby shall have a limited period of existence and shall cease to exist at the close of business 120 days after the termination date set forth in the Trust’s registration statement (or any amendment thereto) filed with the U.S. Securities and Exchange Commission (the “Termination Date”) or such earlier date (but not prior to the Termination Date) that the Trust has completed a winding up of its affairs, except that the Trust shall continue to exist for the purpose of paying, satisfying, and discharging any existing debts or obligations, collecting and distributing its assets, and doing all other acts required to liquidate and wind up its business and affairs. After the close of business on the Termination Date, if the Trust has not liquidated and wound up its business and affairs, the Trustees shall proceed to wind up the affairs of the Trust and all of the powers of the Trustees under this Declaration shall continue until the affairs of the Trust shall have been wound up, including the power to fulfill or discharge the contracts of the Trust, collect its assets, sell, convey, assign, exchange, merge where the Trust is not the survivor, transfer or otherwise dispose of all or any part of the remaining Trust Property to one or more Persons at public or private sale for consideration which may consist in whole or in part in cash, securities or other property of any kind, discharge or pay its liabilities, and do all other acts appropriate to liquidate its business. Notwithstanding the foregoing, the Trustees may amend or alter the term of the Trust by amendment to this Declaration pursuant to Section 8.3 at anytime and Shareholders of the Trust shall not be entitled to vote on such amendment. (b) The Trustees may, to the extent they deem appropriate, adopt a plan of termination at any time during the 12 months immediately preceding the Termination Date, which plan of termination may set forth the terms and conditions for implementing the termination of the Trust's existence under this Article VIII. Shareholders of the Trust shall not be entitled to vote on the adoption of any such plan or the termination of the Trust's existence under this Article VIII.

Appears in 5 contracts

Samples: Trust Agreement (eUnits(TM) 2 Year U.S. Market Participation Trust 4: Upside to Cap / Buffered Downside), Trust Agreement (eUnits(TM) 2 Year U.S. Market Participation Trust 3: Upside to Cap / Buffered Downside), Trust Agreement (eUnits(TM) 2 Year U.S. Market Participation Trust 5: Upside to Cap / Buffered Downside)

Limited Term. (a) The Trust created hereby shall have a limited period of existence and shall cease to exist at the close of business 120 days after the termination date set forth in the Trust’s registration statement (or any amendment thereto) filed with the U.S. Securities and Exchange Commission (the “Termination Date”) or such earlier date (but not prior to the Termination Date) that the Trust has completed a winding up of its affairson February 29, 2012, except that the Trust shall continue to exist for the purpose of paying, satisfying, and discharging any existing debts or obligations, collecting and distributing its assets, and doing all other acts required to liquidate and wind up its business and affairs. After the close of business on the Termination DateFebruary 29, 2012, if the Trust has not liquidated and wound up its business and affairs, the Trustees shall proceed to wind up the affairs of the Trust and all of the powers of the Trustees under this Declaration shall continue until the affairs of the Trust shall have been wound up, including the power to fulfill or discharge the contracts of the Trust, collect its assets, sell, convey, assign, exchange, merge where the Trust is not the survivor, transfer or otherwise dispose of all or any part of the remaining Trust Property to one or more Persons at public or private sale for consideration which may consist in whole or in part in cash, securities or other property of any kind, discharge or pay its liabilities, and do all other acts appropriate to liquidate its business. Notwithstanding the foregoingforgoing, the Trustees may amend or alter the term of the Trust by amendment to this Declaration pursuant to Section 8.3 at anytime and Shareholders Shareholder of the Trust shall not be entitled entitle to vote on such amendment. (b) The Trustees may, to the extent they deem appropriate, adopt a plan of termination at any time during the 12 months immediately preceding the Termination DateFebruary 29, 2012, which plan of termination may set forth the terms and conditions for implementing the termination of the Trust's existence under this Article VIII. Shareholders of the Trust shall not be entitled to vote on the adoption of any such plan or the termination of the Trust's existence under this Article VIIIVII.

Appears in 2 contracts

Samples: Trust Agreement (eUNITs (TM) 2 Year U.S. Equity Market Participation Trust: Enhanced Upside to Cap / Buffered Downside), Trust Agreement (eUNITs (TM) 2 Year International Equity Market Participation Trust: Enhanced Upside to Cap / Buffered Downside)

Limited Term. (a) The Unless the term is extended as provided in this paragraph (a) of Section 8.1, the Trust created hereby shall have a limited period of existence and shall cease to exist at the close of business 120 days after the termination date set forth in the Trust’s registration statement (or any amendment thereto) filed with the U.S. Securities and Exchange Commission (the “Termination Date”) or such earlier date (but not prior to the Termination Date) that the Trust has completed a winding up of its affairs, except that the Trust shall continue to exist for the purpose of paying, satisfying, and discharging any existing debts or obligations, collecting and distributing its assets, and doing all other acts required to liquidate and wind up its business and affairs. After the close of business on the Termination Date, if the Trust has not liquidated and wound up its business and affairs, the Trustees shall proceed to wind up the affairs of the Trust and all of the powers of the Trustees under this Declaration shall continue until the affairs of the Trust shall have been wound up, including the power to fulfill or discharge the contracts of the Trust, collect its assets, sell, convey, assign, exchange, merge where the Trust is not the survivor, transfer or otherwise dispose of all or any part of the remaining Trust Property to one or more Persons at public or private sale for consideration which may consist in whole or in part in cash, securities or other property of any kind, discharge or pay its liabilities, and do all other acts appropriate to liquidate its business. Notwithstanding the foregoing, the Trustees may amend or alter the term of the Trust may be extended beyond the Termination Date for one period of up to twelve months and a second period of up to six months, in each case by amendment a determination by the Trustees that such extension is in the best interests of Shareholders and upon provision of at least sixty (60) days prior written notice to this Declaration pursuant to Section 8.3 at anytime and affected Shareholders, without a vote of the Shareholders of the Trust, or the Class or Series as the case may be. The term of the Trust shall not may be extended for any longer period by the affirmative vote or consent of the holders of two-thirds of each Class and Series of Shares outstanding and entitled to vote (with each such class and series separately voting thereon as a separate Class or Series); provided, however, that such vote shall be by a majority of the outstanding voting securities of the Trust (which voting securities shall vote separately on such amendmentthe matter by class) if the extension has previously been approved by the affirmative vote of two-thirds of the Trustees. (b) The Trustees may, to the extent they deem doing so appropriate, adopt a plan of termination at any time during the 12 months immediately preceding the Termination Dateliquidation, which plan of termination liquidation may set forth the terms and conditions for implementing the termination of the Trust's ’s existence under this Article VIIISection 8. Except as set forth in Section 8.2, Shareholders of the Trust shall not be entitled to vote on or consent to the adoption of any such plan or the termination of the Trust's ’s existence under this Article VIIISection 8.

Appears in 2 contracts

Samples: Agreement and Declaration of Trust (Eaton Vance Floating-Rate 2022 Target Term Trust), Trust Agreement (Floating-Rate 2023 Target Term Trust)

Limited Term. (a) The Trust created hereby shall have a limited period of existence and shall cease to exist at the close of business 120 days after the termination date set forth in the Trust’s registration statement (or any amendment thereto) filed with the U.S. Securities and Exchange Commission (the “Termination Date”) or such earlier date (but not prior to the Termination Date) that the Trust has completed a winding up of its affairs, except that the Trust shall continue to exist for the purpose of paying, satisfying, and discharging any existing debts or obligations, collecting and distributing its assets, and doing all other acts required to liquidate and wind up its business and affairs. After the close of business on the Termination Date, if the Trust has not liquidated and wound up its business and affairs, the Trustees shall proceed to wind up the affairs of the Trust and all of the powers of the Trustees under this Declaration shall continue until the affairs of the Trust shall have been wound up, including the power to fulfill or discharge the contracts of the Trust, collect its assets, sell, convey, assign, exchange, merge where the Trust is not the survivor, transfer or otherwise dispose of all or any part of the remaining Trust Property to one or more Persons at public or private sale for consideration which may consist in whole or in part in cash, securities or other property of any kind, discharge or pay its liabilities, and do all other acts appropriate to liquidate its business. The term of the Trust may be extended beyond the Termination Date for a period that in no event may exceed six months, by action of the Trustees by 60 days’ prior written notice to affected shareholders, without a vote of the shareholders of the Trust, or the class or series as the case may be. Notwithstanding the foregoing, the Trustees may amend or alter the term of the Trust by amendment to this Declaration pursuant to Section 8.3 at anytime and Shareholders of the Trust shall not be entitled to vote on such amendment. (b) The Trustees may, to the extent they deem appropriate, adopt a plan of termination at any time during the 12 months immediately preceding the Termination Date, which plan of termination may set forth the terms and conditions for implementing the termination of the Trust's existence under this Article VIII. Shareholders of the Trust shall not be entitled to vote on the adoption of any such plan or the termination of the Trust's existence under this Article VIII.

Appears in 2 contracts

Samples: Trust Agreement (Eaton Vance High Income 2022 Target Term Trust), Trust Agreement (Eaton Vance High Income 2021 Target Term Trust)

Limited Term. (a) The Trust created hereby shall have a limited period of existence and shall cease to exist at the close of business 120 days after the termination date set forth in the Trust’s registration statement (or any amendment thereto) filed with the U.S. Securities and Exchange Commission (the “Termination Date”) or such earlier date (but not prior to the Termination Date) that the Trust has completed a winding up of its affairs, except that the Trust shall continue to exist for the purpose of paying, satisfying, and discharging any existing debts or obligations, collecting and distributing its assets, and doing all other acts required to liquidate and wind up its business and affairs. After the close of business on the Termination Date, if the Trust has not liquidated and wound up its business and affairs, the Trustees shall proceed to wind up the affairs of the Trust and all of the powers of the Trustees under this Declaration shall continue until the affairs of the Trust shall have been wound up, including the power to fulfill or discharge the contracts of the Trust, collect its assets, sell, convey, assign, exchange, merge where the Trust is not the survivor, transfer or otherwise dispose of all or any part of the remaining Trust Property to one or more Persons at public or private sale for consideration which may consist in whole or in part in cash, securities or other property of any kind, discharge or pay its liabilities, and do all other acts appropriate to liquidate its business. The term of the Trust may be extended beyond the Termination Date for a period that in no event may exceed 12 months, by action of the Trustees by notice to affected shareholders, without a vote of the shareholders of the Trust, or the class or series as the case may be. Notwithstanding the foregoing, the Trustees may amend or alter the term of the Trust by amendment to this Declaration pursuant to Section 8.3 at anytime and Shareholders of the Trust shall not be entitled to vote on such amendment. (b) The Trustees may, to the extent they deem appropriate, adopt a plan of termination at any time during the 12 months immediately preceding the Termination Date, which plan of termination may set forth the terms and conditions for implementing the termination of the Trust's existence under this Article VIII. Shareholders of the Trust shall not be entitled to vote on the adoption of any such plan or the termination of the Trust's existence under this Article VIII.

Appears in 2 contracts

Samples: Trust Agreement (Eaton Vance Floating-Rate Income Plus Fund), Trust Agreement (Eaton Vance Municipal Income Term Trust)

Limited Term. (a) The Trust created hereby shall have a limited period of existence and shall cease to exist at the close of business 120 days after the termination date set forth in the Trust’s registration statement (or any amendment thereto) filed with the U.S. Securities and Exchange Commission (the “Termination Date”) or such earlier date (but not prior to the Termination Date) that the Trust has completed a winding up of its affairs, except that the Trust shall continue to exist for the purpose of paying, satisfying, and discharging any existing debts or obligations, collecting and distributing its assets, and doing all other acts required to liquidate and wind up its business and affairs. After the close of business on the Termination Date, if the Trust has not liquidated and wound up its business and affairs, the Trustees shall proceed to wind up the affairs of the Trust and all of the powers of the Trustees under this Declaration shall continue until the affairs of the Trust shall have been wound up, including the power to fulfill or discharge the contracts of the Trust, collect its assets, sell, convey, assign, exchange, merge where the Trust is not the survivor, transfer or otherwise dispose of all or any part of the remaining Trust Property to one or more Persons at public or private sale for consideration which may consist in whole or in part in cash, securities or other property of any kind, discharge or pay its liabilities, and do all other acts appropriate to liquidate its business. The term of the Trust may be extended beyond the Termination Date for a period that in no event may exceed six months, by action of the Trustees by 60 days’ prior written notice to affected shareholders, without a vote of the shareholders of the Trust, or the class or series as the case may be. Notwithstanding the foregoing, the Trustees may amend or alter the term of the Trust by amendment to this Declaration pursuant to Section 8.3 at anytime and Shareholders of the Trust shall not be entitled to vote on such amendment. (b) Prior to the Termination Date, the Trust may be dissolved only upon approval of not less than eighty percent (80%) of the Trustees. Upon the dissolution of the Trust: (i) The Trust shall carry on no business except for the purpose of winding up its affairs. (ii) The Trustees shall proceed to wind up the affairs of the Trust and all of the powers of the Trustees under this Declaration shall continue until the affairs of the Trust shall have been wound up, including the power to fulfill or discharge the contracts of the Trust, collect its assets, sell, convey, assign, exchange, merge where the Trust is not the survivor, transfer or otherwise dispose of all or any part of the remaining Trust Property to one or more Persons at public or private sale for consideration which may consist in whole or in part in cash, securities or other property of any kind, discharge or pay its liabilities, and do all other acts appropriate to liquidate its business; provided that any sale, conveyance, assignment, exchange, merger in which the Trust is not the survivor, transfer or other disposition of all or substantially all the Trust Property of the Trust shall require approval of the principal terms of the transaction and the nature and amount of the consideration by Shareholders with the same vote as required to open-end the Trust. (iii) After paying or adequately providing for the payment of all liabilities, and upon receipt of such releases, indemnities and refunding agreements, as they deem necessary for their protection, the Trustees may distribute the remaining Trust Property, in cash or in kind or partly each, among the Shareholders according to their respective rights. (c) Upon the approval of not less than eighty percent (80%) of the Trustees, such Trustees may, to the extent they deem doing so appropriate, adopt a plan of termination at any time during the 12 months immediately preceding the Termination Dateliquidation, which plan of termination liquidation may set forth the terms and conditions for implementing the termination of the Trust's ’s existence under this Article VIIISection 8. Except as set forth in Section 8.2, Shareholders of the Trust shall not be entitled to vote on or consent to the adoption of any such plan or the termination of the Trust's ’s existence under this Article VIIISection 8.

Appears in 1 contract

Samples: Agreement and Declaration of Trust (Eaton Vance Floating-Rate 2024 Target Term Trust)