Common use of Merger and Consolidation Clause in Contracts

Merger and Consolidation. Pursuant to an agreement of merger or consolidation, the Trust, or any one or more Series, may, by act of a majority of the Board of Trustees, merge or consolidate with or into one or more business trusts or other business entities formed or organized or existing under the laws of the State of Delaware or any other state or the United States or any foreign country or other foreign jurisdiction. Any such merger or consolidation shall not require the vote of the Shareholders affected thereby, unless such vote is required by the 1940 Act, or unless such merger or consolidation would result in an amendment of this Declaration of Trust, which would otherwise require the approval of such Shareholders. In accordance with Section 3815(f) of the DSTA, an agreement of merger or consolidation may affect any amendment to this Declaration of Trust or the By-Laws or affect the adoption of a new declaration of trust or by-laws of the Trust if the Trust is the surviving or resulting business trust. Upon completion of the merger or consolidation, the Trustees shall file a certificate of merger or consolidation in accordance with Section 3810 of the DSTA.

Appears in 110 contracts

Samples: Agreement and Declaration of Trust (Align Alternative Access Fund), Agreement and Declaration of Trust (OneAscent Capital Opportunities Fund), Trust Agreement (Diamond Hill Securitized Credit Fund)

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Merger and Consolidation. Pursuant to an agreement of merger or consolidation, the Trust, or any one or more Series, may, by act of a majority of the Board of Trustees, merge or consolidate with or into one or more business trusts or other business entities formed or organized or existing under the laws of the State of Delaware or any other state or the United States or any foreign country or other foreign jurisdiction. Any such merger or consolidation shall not require the vote of the Shareholders affected thereby, unless such vote is required by the 1940 Act, or unless such merger or consolidation would result in an amendment of this Declaration of Trust, Trust which would otherwise require the approval of such Shareholders. In accordance with Section 3815(f) of the DSTADBTA, an agreement of merger or consolidation may affect effect any amendment to this Declaration of Trust or the By-Laws or affect effect the adoption of a new declaration of trust or by-laws of the Trust if the Trust is the surviving or resulting business trust. Upon completion of the merger or consolidation, the Trustees shall file a certificate of merger or consolidation in accordance with Section 3810 of the DSTADBTA.

Appears in 33 contracts

Samples: Agreement and Declaration of Trust (Barrett Funds), Trust Agreement (Delaware Pooled Trust Inc), Trust Agreement (Delaware Group Income Funds)

Merger and Consolidation. Pursuant to an agreement of merger or consolidation, the Trust, or any one or more Series, may, by act of a majority of the Board of Trustees, merge or consolidate with or into one or more business trusts or other business entities formed or organized or existing under the laws of the State of Delaware or any other state or the United States or any foreign country or other foreign jurisdiction. Any such merger or consolidation shall not require the vote of the Shareholders affected thereby, unless such vote is required by the 1940 Act, or unless such merger or consolidation would result in an amendment of this Declaration of Trust, which would otherwise require the approval of such Shareholders. In accordance with Section 3815(f) of the DSTADelaware Act, an agreement of merger or consolidation may affect any amendment to this Declaration of Trust or the By-Laws or affect the adoption of a new declaration of trust or by-laws of the Trust if the Trust is the surviving or resulting business trust. Upon completion of the merger or consolidation, the Trustees shall file a certificate of merger or consolidation in accordance with Section 3810 of the DSTADelaware Act.

Appears in 17 contracts

Samples: Trust Agreement (Tactical Investment Series Trust), Amended and Restated Agreement and Declaration of Trust (Flat Rock Capital Credit Fund), Trust Agreement (Nexpoint Event-Driven Fund)

Merger and Consolidation. Pursuant to an agreement of merger or consolidation, the Trust, or any one or more Series, may, by act of a majority of the Board of Trustees, merge or consolidate with or into one or more business trusts or other business entities formed or organized or existing under the laws of the State of Delaware or any other state or the United States or any foreign country or other foreign jurisdiction. Any such merger or consolidation shall not require the vote of the Shareholders affected thereby, unless such vote is required by the 1940 Act, or unless such merger or consolidation would result in an amendment of this Declaration of Trust, which would otherwise require the approval of such Shareholders. In accordance with Section 3815(f) of the DSTA, an agreement of merger or consolidation may affect any amendment to this Declaration of Trust or the By-By Laws or affect the adoption of a new declaration of trust or by-by laws of the Trust if the Trust is the surviving or resulting business trust. Upon completion of the merger or consolidation, the Trustees shall file a certificate of merger or consolidation in accordance with Section 3810 of the DSTA.

Appears in 9 contracts

Samples: Agreement and Declaration of Trust (Advisers Investment Trust), Agreement and Declaration of Trust (Advisers Investment Trust), Agreement and Declaration of Trust (Advisers Investment Trust)

Merger and Consolidation. Pursuant to an agreement of merger or consolidation, the Trust, or any one or more Series, may, by act of a majority of the Board Trustees, without the vote or consent of Trusteesthe Shareholders, merge or consolidate with or into one or more business statutory trusts or other business entities formed or organized or existing under the laws of the State of Delaware or any other state or of the United States or any foreign country or other foreign jurisdiction. Any such merger or consolidation shall not require the vote of the Shareholders affected thereby, unless such vote is required by the 1940 Act, or unless such merger or consolidation would result in an amendment of this Declaration of Trust, which that would otherwise require the approval of such Shareholders. In accordance with Section 3815(f) of the DSTADelaware Act, an agreement of merger or consolidation may affect any amendment to this Declaration of Trust or the By-Laws or affect effect the adoption of a new declaration of trust or by-laws bylaws of the Trust if the Trust is the surviving or resulting business statutory trust. Upon completion of the merger or consolidation, the Trustees shall file a certificate of merger or consolidation in accordance with Section 3810 of the DSTADelaware Act.

Appears in 8 contracts

Samples: Agreement and Declaration of Trust (CION Grosvenor Infrastructure Fund), Agreement and Declaration of Trust (Hamilton Lane Private Secondary Fund), Agreement and Declaration of Trust (Franklin Lexington Private Markets Fund)

Merger and Consolidation. Pursuant to an agreement of merger or consolidation, the Trust, or any one or more SeriesSeries or classes, may, by act of a majority of the Board of Trustees, merge or consolidate with or into one or more business statutory trusts or other business entities formed or organized or existing under the laws of the State of Delaware or any other state or the United States or any foreign country or other foreign jurisdiction. Any such merger or consolidation shall not require the vote of the Shareholders affected thereby, unless such vote is required by the 1940 Act, or unless such merger or consolidation would result in an amendment of this Declaration of Trust, Trust which would otherwise require the approval of such Shareholders. In accordance with Section 3815(f) of the DSTA, an agreement of merger or consolidation may affect effect any amendment to this Declaration of Trust or the By-Laws or affect effect the adoption of a new declaration of trust or by-laws of the Trust if the Trust is the surviving or resulting business statutory trust. Upon completion of the merger or consolidation, the Trustees any one (1) Trustee shall file execute and cause to be filed a certificate of merger or consolidation in accordance with Section 3810 3815 of the DSTA.

Appears in 6 contracts

Samples: Agreement and Declaration of Trust (Wilmington Funds), Agreement and Declaration of Trust (MTB Group of Funds), Agreement and Declaration of Trust (BBH Trust)

Merger and Consolidation. Pursuant to an agreement of merger or consolidation, the TrustFund, or any one or more Series, may, by act of a majority of the Board of Trustees, merge or consolidate with or into one or more business trusts or other business entities formed or organized or existing under the laws of the State of Delaware or any other state or the United States or any foreign country or other foreign jurisdiction. Any such merger or consolidation shall not require the vote of the Shareholders affected thereby, unless such vote is required by the 1940 Act, or unless such merger or consolidation would result in an amendment of this Declaration of Trust, which would otherwise require the approval of such Shareholders. In accordance with Section §3815(f) of the DSTA, an agreement of merger or consolidation may affect any amendment to this Declaration of Trust or the By-Laws or affect the adoption of a new declaration of trust or by-laws of the Trust Fund if the Trust Fund is the surviving or resulting business trust. Upon completion of the merger or consolidation, the Board of Trustees shall file file, or cause to be filed, a certificate of merger or consolidation in accordance with Section §3810 of the DSTA.

Appears in 3 contracts

Samples: Agreement and Declaration of Trust (Dynamic Alternatives Fund), Agreement and Declaration of Trust (Dynamic Alternatives Fund), Trust Agreement (Dynamic Alternatives Fund)

Merger and Consolidation. Pursuant to an agreement of merger or consolidation, the Trust, or any one or more SeriesSeries or classes, may, by act of a majority of the Board of Trustees, merge or consolidate with or into one or more business trusts or other business entities formed or organized or existing under the laws of the State of Delaware or any other state or the United States or any foreign country or other foreign jurisdiction. Any such merger or consolidation shall not require the vote of the Shareholders affected thereby, unless such vote is required by the 1940 Act, or unless such merger or consolidation would result in an amendment of this Declaration of Trust, Trust which would otherwise require the approval of such Shareholders. In accordance with Section 3815(f) of the DSTADBTA, an agreement of merger or consolidation may affect effect any amendment to this Declaration of Trust or the By-Laws or affect effect the adoption of a new declaration of trust or by-laws of the Trust if the Trust is the surviving or resulting business trust. Upon completion of the merger or consolidation, the Trustees shall file a certificate of merger or consolidation in accordance with Section 3810 of the DSTADBTA.

Appears in 3 contracts

Samples: Amended and Restated Agreement and Declaration of Trust (4 Winds Family of Funds), Amended and Restated Agreement and Declaration of Trust (4 Winds Family of Funds), Agreement and Declaration of Trust (Stratevest Funds)

Merger and Consolidation. Pursuant to an agreement of merger or consolidation, the Trust, or any one or more Series, may, by act of a majority of the Board of Trustees, merge or consolidate with or into one or more business trusts or other business entities formed or organized or existing under the laws of the State of Delaware or any other state or the United States or any foreign country or other foreign jurisdiction. Any such merger or consolidation shall not require the vote of the Shareholders affected thereby, unless such vote is required by the 1940 Act, or unless such merger or consolidation would result in an amendment of this Declaration of Trust, Trust which would otherwise require the approval of such Shareholders. In accordance with Section 3815(f) of the DSTADBTA, an agreement of merger or consolidation may affect effect any amendment to this Declaration of Trust or the By-Laws or affect effect the adoption of a new declaration of trust or by-laws of the Trust if the Trust is the surviving or resulting business trust. Upon completion of the merger or consolidation, the Trustees shall file a certificate of merger or consolidation in accordance with Section 3810 3815 of the DSTADBTA.

Appears in 2 contracts

Samples: Trust Agreement (Igam Group Funds), Trust Agreement (Fort Pitt Capital Funds)

Merger and Consolidation. Pursuant to an agreement of merger or consolidation, the Trust, or any one or more Series, may, by act of a majority of the Board Trustees then in office, without the vote or consent of Trusteesthe Shareholders, merge or consolidate with or into one or more business statutory trusts or other business entities formed or organized or existing under the laws of the State of Delaware or any other state or of the United States or any foreign country or other foreign jurisdiction. Any such merger or consolidation shall not require the vote of the Shareholders affected thereby, unless such vote is required by the 1940 Act, or unless such merger or consolidation would result in an amendment of this Declaration of Trust, which that would otherwise require the approval of such Shareholders. In accordance with Section 3815(f) of the DSTADelaware Act, an agreement of merger or consolidation may affect any amendment to this Declaration of Trust or the By-Laws or affect effect the adoption of a new declaration of trust or by-laws bylaws of the Trust if the Trust is the surviving or resulting business statutory trust. Upon completion of the merger or consolidation, the Trustees shall file a certificate of merger or consolidation in accordance with Section 3810 of the DSTADelaware Act.

Appears in 2 contracts

Samples: Agreement and Declaration of Trust (PGIM Credit Income Fund), Agreement and Declaration of Trust (PGIM Credit Income Fund)

Merger and Consolidation. Pursuant to an agreement of merger or consolidation, the Trust, or any one or more Series, may, by act of a majority of the Board of Trustees, merge or consolidate with or into one or more business statutory trusts or other business entities formed or organized or existing under the laws of the State of Delaware or any other state or the United States or any foreign country or other foreign jurisdiction. Any such merger or consolidation shall not require the vote of the Shareholders affected thereby, unless such vote is required by the 1940 Act, or unless such merger or consolidation would result in an amendment of this Declaration of Trust, Trust which would otherwise require the approval of such Shareholders. In accordance with Section 3815(f) of the DSTA, an agreement of merger or consolidation may affect effect any amendment to this Declaration of Trust or the By-Laws or affect effect the adoption of a new declaration of trust or by-laws of the Trust if the Trust is the surviving or resulting business statutory trust. Upon completion of the merger or consolidation, the Trustees shall file a certificate of merger or consolidation in accordance with Section 3810 of the DSTA.

Appears in 2 contracts

Samples: Declaration of Trust (Lincoln Funds Trust), Agreement and Declaration of Trust (Voyageur Investment Trust)

Merger and Consolidation. Pursuant to an agreement of merger or consolidation, the Trust, or any one or more Series, may, by act of a majority of the Board of Trustees, merge or consolidate with or into one or more business trusts or other business entities formed or organized or existing under the laws of the State of Delaware or any other state or the United States or any foreign country or other foreign jurisdiction. Any such merger or consolidation shall not require the vote of the Shareholders affected thereby, unless such vote is required by the 1940 Act, or unless such merger or consolidation would result in an amendment of this Declaration of Trust, Trust which would otherwise require the approval of such Shareholders. In accordance with Section 3815(f) of the DSTADBTA, an agreement of merger or consolidation may affect any amendment to this Declaration of Trust or the By-Laws or affect the adoption of a new declaration of trust or by-laws of the Trust if the Trust is the surviving or resulting business trust. Upon completion of the merger or consolidation, the Trustees shall file a certificate of merger or consolidation in accordance with Section 3810 of the DSTADBTA.

Appears in 2 contracts

Samples: Agreement and Declaration of Trust (Gold Prospector Funds), Agreement and Declaration of Trust (J&b Funds)

Merger and Consolidation. Pursuant to an agreement of merger or consolidation, the Trust, or any one or more Series, may, by act of a majority of the Board of Trustees, merge or consolidate with or into one or more business statutory trusts or other business entities formed or organized or existing under the laws of the State of Delaware or any other state or the United States or any foreign country or other foreign jurisdiction. Any such merger or consolidation shall not require the vote of the Shareholders affected thereby, unless such vote is required by the 1940 Act, or unless such merger or consolidation would result in an amendment of this Declaration of Trust, Trust which would otherwise require the approval of such Shareholders. In accordance with Section 3815(f) of the DSTA, an agreement of merger or consolidation may affect effect any amendment to this Declaration of Trust or the By-Laws or affect effect the adoption of a new declaration of trust or by-laws of the Trust if the Trust is the surviving or resulting business statutory trust. Upon completion of the merger or consolidation, the Trustees shall file a certificate of merger or consolidation in accordance with Section 3810 of the DSTA.

Appears in 1 contract

Samples: Trust Agreement (Lincoln Advisors Trust)

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Merger and Consolidation. Pursuant to an agreement of merger or consolidation, the Trust, or any one or more Series, may, by act of a majority of the Board of Trustees, merge or consolidate with or into one or more business trusts or other business entities formed or organized or existing under the laws of the State of Delaware or any other state or the United States or any foreign country or other foreign jurisdiction. Any such merger or consolidation shall not require the vote of the Shareholders affected thereby, unless such vote is required by the 1940 Act, or unless such merger or consolidation would result in an amendment of this Declaration of Trust, which would otherwise require the approval of such Shareholders. In accordance with Section 3815(f) of the DSTA, an agreement of merger or consolidation may affect any amendment to this Declaration of Trust or the By-Laws Bylaws or affect the adoption of a new declaration of trust or by-laws Bylaws of the Trust if the Trust is the surviving or resulting business trust. Upon completion of the merger or consolidation, the Trustees shall file a certificate of merger or consolidation in accordance with Section 3810 of the DSTA.

Appears in 1 contract

Samples: Trust Agreement (MainGate Trust)

Merger and Consolidation. Pursuant to an agreement of merger or consolidation, the Trust, or any one or more Series, may, by act of a majority of the Board Trustees, without the vote or consent of Trusteesthe Shareholders, merge or consolidate with or into one or more business statutory trusts or other business entities formed or organized or existing under the laws of the State of Delaware or any other state or of the United States or any foreign country or other foreign jurisdiction. Any such merger or consolidation shall not require the vote of the Shareholders affected thereby, unless such vote is required by the 1940 Act, or unless such merger or consolidation would result in an amendment of this Declaration of Trust, which that would otherwise require the approval of such Shareholders. In accordance with Section 3815(f) of the DSTADelaware Act, an agreement of merger or consolidation may affect any amendment to this Declaration of Trust or the By-By- Laws or affect effect the adoption of a new declaration of trust or by-laws bylaws of the Trust if the Trust is the surviving or resulting business statutory trust. Upon completion of the merger or consolidation, the Trustees shall file a certificate of merger or consolidation in accordance with Section 3810 of the DSTADelaware Act.

Appears in 1 contract

Samples: Agreement and Declaration of Trust (Hamilton Lane Private Infrastructure Fund)

Merger and Consolidation. Pursuant to an agreement of merger or consolidation, the Trust, or any one or more Series, Trust may, by act of a majority of the Board of Trustees, without the vote or consent of the Shareholders, merge or consolidate with or into one or more business trusts or other business entities formed or organized or existing under the laws of the State of Delaware or any other state or the United States or any foreign country or other foreign jurisdiction. Any such merger or consolidation shall not require the vote of the Shareholders affected thereby, unless such vote is required by the 1940 Act, or unless such merger or consolidation would result in an amendment of this Declaration of Trust, which would otherwise require the approval of such Shareholders. In accordance with Section 3815(f) of the DSTADelaware Act, an agreement of merger or consolidation may affect any amendment to this Declaration of Trust or the By-Laws or affect the adoption of a new declaration of trust or by-laws bylaws of the Trust if the Trust is the surviving or resulting business trust. Upon completion of the merger or consolidation, the Trustees shall file a certificate of merger or consolidation in accordance with Section 3810 of the DSTADelaware Act.

Appears in 1 contract

Samples: Agreement and Declaration of Trust (CIM Real Assets & Credit Fund)

Merger and Consolidation. Pursuant to an agreement of merger or consolidation, the Trust, or any one or more Series, may, by act of a majority of the Board of Trustees, merge or consolidate with or into one or more business statutory trusts or other business entities formed or organized or existing under the laws of the State of Delaware or any other state or the United States or any foreign country or other foreign jurisdiction. Any such merger or consolidation shall not require the vote of the Shareholders affected thereby, unless such vote is required by the 1940 Act, or unless such merger or consolidation would result in an amendment of this Declaration of Trust, Trust which would otherwise require the approval of such Shareholders. In accordance with Section 3815(f) of the DSTA, an agreement of merger or consolidation may affect any amendment to this Declaration of Trust or the By-Laws or affect the adoption of a new declaration of trust or by-laws of the Trust if the Trust is the surviving or resulting business statutory trust. Upon completion of the merger or consolidation, the Trustees shall file a certificate of merger or consolidation in accordance with Section 3810 of the DSTA.

Appears in 1 contract

Samples: Agreement and Declaration of Trust (Tamarack Funds Trust)

Merger and Consolidation. Pursuant to an agreement of merger or consolidation, the Trust, or any one or more Series, Trust may, by act of a majority of the Board of Trustees, merge or consolidate with or into one or more business trusts or other business entities formed or organized or existing under the laws of the State of Delaware or any other state or the United States or any foreign country or other foreign jurisdiction. Any such merger or consolidation shall not require the vote of the Shareholders affected thereby, unless such vote is required by the 1940 Act, or unless such merger or consolidation would result in an amendment of this Declaration of Trust, which would otherwise require the approval of such Shareholders. In accordance with Section §3815(f) of the DSTADelaware Act, an agreement of merger or consolidation may affect any amendment to this Declaration of Trust or the By-Laws or affect the adoption of a new declaration of trust or by-laws of the Trust if the Trust is the surviving or resulting business trust. Upon completion of the merger or consolidation, the Trustees shall file a certificate of merger or consolidation in accordance with Section §3810 of the DSTADelaware Act.

Appears in 1 contract

Samples: Trust Agreement (Lind Capital Partners Municipal Credit Income Fund)

Merger and Consolidation. Pursuant to an agreement of merger or consolidation, the Trust, or any one or more Series, may, by act of a majority of the Board of Trustees, merge or consolidate with or into one or more business trusts or other business entities formed or organized or existing under the laws of the State of Delaware or any other state or the United States or any foreign country or other foreign jurisdiction. Any such merger or consolidation shall not require the vote of the Shareholders affected thereby, unless such vote is required by the 1940 Act, or unless such merger or consolidation would result in an amendment of this Declaration of Trust, which would otherwise require the approval of such Shareholders. In accordance with Section 3815(f) of the DSTA, an agreement of merger or consolidation may affect any amendment to this Declaration of Trust or the By-By- Laws or affect the adoption of a new declaration of trust or by-laws of the Trust if the Trust is the surviving or resulting business trust. Upon completion of the merger or consolidation, the Trustees shall file a certificate of merger or consolidation in accordance with Section 3810 of the DSTA.

Appears in 1 contract

Samples: Agreement and Declaration of Trust (Monachil Credit Income Fund)

Merger and Consolidation. Pursuant to an agreement of merger or consolidation, the Trust, or any one or more Series, may, by act of a majority of the Board of Trustees, merge or consolidate with or into one or more business trusts or other business entities formed or organized or existing under the laws of the State of Delaware or any other state or the United States or any foreign country or other foreign jurisdiction. Any such merger or consolidation shall not require the vote of the Shareholders affected thereby, unless such vote is required by the 1940 Act, or unless such merger or consolidation would result in an amendment of this the Declaration of Trust, which would otherwise require the approval of such Shareholders. In accordance with Section 3815(f) of the DSTA, an agreement of merger or consolidation may affect any amendment to this the Declaration of Trust or the By-Laws or affect the adoption of a new declaration of trust or by-laws of the Trust if the Trust is the surviving or resulting business trust. Upon completion of the merger or consolidation, the Trustees shall file a certificate of merger or consolidation in accordance with Section 3810 of the DSTA.

Appears in 1 contract

Samples: Declaration of Trust (Grandeur Peak Global Trust)

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