Common use of Net Asset Value, Distributions, and Redemptions Clause in Contracts

Net Asset Value, Distributions, and Redemptions. Section 1. DETERMINATION OF NET ASSET VALUE, NET INCOME AND DISTRIBUTIONS. Subject to Article III, Section 6 hereof, the Board of Trustees shall have the power to fix an initial offering price for the Shares of the Trust or any Series or class thereof, respectively, that shall yield to the Trust or such Series or class not less than the net asset value thereof, at which price the Shares of the Trust or such Series or class, respectively, shall be offered initially for sale, and to determine from time to time thereafter the offering price which shall yield to the Trust or such Series or class, respectively, not less than the net asset value thereof from sales of the Shares of the Trust or such Series or class; PROVIDED, HOWEVER, that no Shares of the Trust or a Series or class thereof shall be issued or sold for consideration which shall yield to the Trust or such Series or class, respectively, less than the net asset value thereof next determined after the receipt of the order, except in the case of Shares of the Trust or such Series or class issued in payment of a dividend properly declared and payable. Subject to Article III, Section 6 hereof, the Board of Trustees, in its absolute discretion, may prescribe and shall set forth in the By-laws, this Declaration of Trust or in a resolution of the Board of Trustees such bases and time for determining the net asset value per Share, or net asset value of the Shares, of the Trust or any Series or class thereof or net income attributable to the Shares of the Trust or any Series or class thereof, or the declaration and payment of dividends and distributions on the Shares of the Trust or any Series or class thereof, as it may deem necessary or desirable.

Net Asset Value, Distributions, and Redemptions. Section 1. DETERMINATION OF NET ASSET VALUEDetermination of Net Asset Value, NET INCOME AND DISTRIBUTIONSNet Income and Distributions. Subject to Article III, Section 6 hereof, the Board of Trustees shall have the power to fix an initial offering price for the Shares of the Trust Trust, or any Series or class thereof, respectively, that thereof which shall yield to the Trust or Trust, such Series or class not less than the net asset value thereof, at which price the Shares of the Trust or Trust, such Series or class, respectively, class shall be offered initially for sale, and to determine from time to time thereafter the offering price which shall yield to the Trust or Trust, such Series or class, respectively, class not less than the net asset value thereof from sales of the Shares of the Trust or Trust, such Series or class; PROVIDEDprovided, HOWEVERhowever, that no Shares of the Trust or a Series or class thereof shall be issued or sold for consideration which shall yield to the Trust or Trust, such Series or class, respectively, class less than the net asset value thereof of the Shares of the Trust, such Series or class next determined after the receipt of the orderorder (or at such other times set by the Board of Trustees), except in the case of Shares of the Trust or Trust, such Series or class issued in payment of a dividend properly declared and payable. Subject to Article III, Section 6 hereof, the Board of Trustees, in its their absolute discretion, may prescribe and shall set forth in the By-laws, this Declaration of Trust laws or in a resolution duly adopted vote of the Board of Trustees such bases and time for determining the net asset value per Share, Share or net asset value of the Shares, Shares of the Trust or Trust, any Series or class thereof of a Series or net income attributable to the Shares of the Trust or Trust, any Series or class thereofof a Series, or the declaration and payment of dividends and distributions on the Shares of the Trust or Trust, any Series or class thereofof a Series, as it they may deem necessary or desirable.

Net Asset Value, Distributions, and Redemptions. Section 1. DETERMINATION OF NET ASSET VALUEDetermination of Net Asset Value, NET INCOME AND DISTRIBUTIONS. Net Income and Distributions Subject to Article III, Section 6 hereof, the Board of Trustees shall have the power to fix an initial offering price for the Shares of the Trust Trust, or any Series or class thereof, respectively, that thereof which shall yield to the Trust or Trust, such Series or class not less than the net asset value thereof, at which price the Shares of the Trust or Trust, such Series or class, respectively, class shall be offered initially for sale, and to determine from time to time thereafter the offering price which shall yield to the Trust or Trust, such Series or class, respectively, class not less than the net asset value thereof from sales of the Shares of the Trust or Trust, such Series or class; PROVIDEDprovided, HOWEVERhowever, that no Shares of the Trust or a Series or class thereof shall be issued or sold for consideration which shall yield to the Trust or Trust, such Series or class, respectively, class less than the net asset value thereof of the Shares of the Trust, such Series or class next determined after the receipt of the orderorder (or at such other times set by the Board of Trustees), except in the case of Shares of the Trust or Trust, such Series or class issued in payment of a dividend properly declared and payable. Subject to Article III, Section 6 hereof, the Board of Trustees, in its their absolute discretion, may prescribe and shall set forth in the By-laws, this Declaration of Trust laws or in a resolution duly adopted vote of the Board of Trustees such bases and time for determining the net asset value per Share, Share or net asset value of the Shares, Shares of the Trust or Trust, any Series or class thereof of a Series or net income attributable to the Shares of the Trust or Trust, any Series or class thereofof a Series, or the declaration and payment of dividends and distributions on the Shares of the Trust or Trust, any Series or class thereofof a Series, as it they may deem necessary or desirable.

Net Asset Value, Distributions, and Redemptions. Section 1. DETERMINATION OF NET ASSET VALUE...Determination of Net Asset Value, NET INCOME AND DISTRIBUTIONSNet Income and Distributions. Subject to Article III, Section 6 hereof, the Board of Trustees Directors shall have the power to fix an initial offering price for the Shares Interests of the Trust Partnership or any Series or class thereof, respectively, that thereof which shall yield to the Trust Partnership or such Series or class not less than the net asset value thereof, at which price the Shares Interests of the Trust Partnership or such Series or class, respectively, shall be offered initially for sale, and to determine from time to time thereafter the offering price which shall yield to the Trust Partnership or such Series or class, respectively, not less than the net asset value thereof from sales of the Shares Interests of the Trust Partnership or such Series or classSeries; PROVIDEDprovided, HOWEVERhowever, that no Shares Interests of the Trust Partnership or a Series or class thereof shall be issued or sold for consideration which shall yield to the Trust Partnership or such Series or class, respectively, less than the net asset value thereof of the Interests of the Partnership or such Series next determined after the receipt of the orderorder (or at such other times set by the Board of Directors), except in the case of Shares Interests of the Trust Partnership or such Series or class issued in payment of a dividend distribution properly declared and payable. Subject to Article III, Section 6 hereof, the Board of TrusteesDirectors, in its absolute discretion, may prescribe and shall set forth in the By-laws, this Declaration of Trust Laws or in a resolution duly adopted vote of the Board of Trustees Directors such bases and time for determining the net asset value per Share, unit or net asset value of the Shares, Interests of the Trust Partnership or any Series or class thereof or net income attributable to the Shares Interests of the Trust Partnership or any Series or class thereofSeries, or the declaration and payment of dividends and distributions on the Shares Interests of the Trust Partnership or any Series or class thereofSeries, as it may deem necessary or desirable.

Net Asset Value, Distributions, and Redemptions. Section 1. DETERMINATION OF NET ASSET VALUEDetermination of Net Asset Value, NET INCOME AND DISTRIBUTIONSNet Income and Distributions . Subject to Article III, Section 6 hereof, the Board of Trustees shall have the power to fix an initial offering price for the Shares of the Trust or any Series or class thereof, respectively, that thereof which shall yield to the Trust or result in such Series or class being valued at not less than the net asset value thereof, at which price the Shares of the Trust or such Series or class, respectively, class shall be offered initially for sale, and to determine from time to time thereafter the offering price which shall yield to the Trust or result in such Series or class, respectively, class being valued at not less than the net asset value thereof from sales of the Shares of the Trust or such Series or class; PROVIDEDprovided, HOWEVERhowever, that no Shares of the Trust or a Series or class thereof shall be issued or sold for consideration which shall yield to the Trust or result in such Series or class, respectively, class being valued at less than the net asset value thereof of the Shares of such Series or class next determined after the receipt of the orderorder (or at such other times set by the Board of Trustees), except in the case of Shares of the Trust or such Series or class issued in payment of a dividend properly declared and payable. Subject to Article III, Section 6 hereof, the Board of Trustees, in its absolute discretion, may prescribe and shall set forth in the By-laws, this Declaration of Trust laws or in a resolution duly adopted vote of the Board of Trustees such bases and time for determining the net asset value per Share, Share or net asset value of the Shares, Shares of the Trust or any Series or class thereof or net income attributable to the Shares of the Trust or any Series or class thereofSeries, or the declaration and payment of dividends and distributions on the Shares of the Trust or any Series or class thereofSeries, as it they may deem necessary or desirable.

Net Asset Value, Distributions, and Redemptions. Section 1. DETERMINATION OF NET ASSET VALUE, NET INCOME AND DISTRIBUTIONS. Subject to Article III, Section 6 hereof, the Board of Trustees shall have the power to fix an initial offering price for the Shares of the Trust or any Series or class thereof, respectively, that Class thereof which shall yield to the Trust or such Series or class Class not less than the net asset value thereof, at which price the Shares of the Trust or such Series or class, respectively, Class shall be offered initially for sale, and to determine from time to time thereafter the offering price which shall yield to the Trust or such Series or class, respectively, Class not less than the net asset value thereof from sales of the Shares of the Trust or such Series or classClass; PROVIDED, HOWEVER, that no Shares of the Trust or a Series or class Class thereof shall be issued or sold for consideration which shall yield to the Trust or such Series or class, respectively, Class less than the net asset value thereof of the Shares of such Series or Class next determined after the receipt of the orderorder (or at such other times set by the Board of Trustees), except in the case of Shares of the Trust or such Series or class Class issued in payment of a dividend properly declared and payable. Subject to Article III, Section 6 hereof, the Board of Trustees, in its their absolute discretion, may prescribe and shall set forth in the By-laws, this Declaration of Trust laws or in a resolution duly adopted vote of the Board of Trustees such bases and time for determining the net asset value per Share, Share or net asset value of the Shares, Shares of the Trust or any Series or class thereof Class or net income attributable to the Shares of the Trust or any Series or class thereofClass, or the declaration and payment of dividends and distributions on the Shares of the Trust or any Series or class thereofClass, as it they may deem necessary or desirable.

Net Asset Value, Distributions, and Redemptions. Section 1. DETERMINATION OF NET ASSET VALUEDetermination of Net Asset Value, NET INCOME AND DISTRIBUTIONSNet Income and Distributions. Subject to Article III, Section 6 hereof, the Board of Trustees shall have the power to fix an initial offering price for the Shares of the Trust or any Series or class thereof, respectively, that Class thereof which shall yield to the Trust or result in such Series or class being valued at not less than the net asset value thereof, at which price the Shares of the Trust or such Series or class, respectively, Class shall be offered initially for sale, and to determine from time to time thereafter the offering price which shall yield to the Trust or result in such Series or class, respectively, class being valued at not less than the net asset value thereof from sales of the Shares of the Trust or such Series or classClass; PROVIDEDprovided, HOWEVERhowever, that no Shares of the Trust or a Series or class Class thereof shall be issued or sold for consideration which shall yield to the Trust or result in such Series or class, respectively, Class being valued at less than the net asset value thereof of the Shares of such Series or Class next determined after the receipt of the orderorder (or at such other times set by the Board of Trustees), except in the case of Shares of the Trust or such Series or class Class issued in payment of a dividend properly declared and payable. Subject to Article III, Section 6 hereof, the Board of Trustees, in its absolute discretion, may prescribe and shall set forth in the By-laws, this Declaration of Trust laws or in a resolution duly adopted vote of the Board of Trustees such bases and time for determining the net asset value per Share, Share or net asset value of the Shares, Shares of the Trust or any Series or class thereof or net income attributable to the Shares of the Trust or any Series or class thereofSeries, or the declaration and payment of dividends and distributions on the Shares of the Trust or any Series or class thereofSeries, as it they may deem necessary or desirable.

Net Asset Value, Distributions, and Redemptions. Section 1. DETERMINATION OF NET ASSET VALUEDetermination of Net Asset Value, NET INCOME AND DISTRIBUTIONSNet Income and Distributions. -------------------------------------------------------------- Subject to Article III, Section 6 hereof, the Board of Trustees shall have the power to fix an initial offering price for the Shares of the Trust Trust, or any Series or class thereof, respectively, that thereof which shall yield to the Trust or Trust, such Series or class not less than the net asset value thereof, at which price the Shares of the Trust or Trust, such Series or class, respectively, class shall be offered initially for sale, and to determine from time to time thereafter the offering price which shall yield to the Trust or Trust, such Series or class, respectively, class not less than the net asset value thereof from sales of the Shares of the Trust or Trust, such Series or class; PROVIDEDprovided, HOWEVERhowever, that no Shares of ----------------- the Trust or a Series or class thereof shall be issued or sold for consideration which shall yield to the Trust or Trust, such Series or class, respectively, class less than the net asset value thereof of the Shares of the Trust, such Series or class next determined after the receipt of the orderorder (or at such other times set by the Board of Trustees), except in the case of Shares of the Trust or Trust, such Series or class issued in payment of a dividend properly declared and payable. Subject to Article III, Section 6 hereof, the Board of Trustees, in its their absolute discretion, may prescribe and shall set forth in the By-laws, this Declaration of Trust laws or in a resolution duly adopted vote of the Board of Trustees such bases and time for determining the net asset value per Share, Share or net asset value of the Shares, Shares of the Trust or Trust, any Series or class thereof of a Series or net income attributable to the Shares of the Trust or Trust, any Series or class thereofof a Series, or the declaration and payment of dividends and distributions on the Shares of the Trust or Trust, any Series or class thereofof a Series, as it they may deem necessary or desirable.

Net Asset Value, Distributions, and Redemptions. Section 1. DETERMINATION OF NET ASSET VALUE, NET INCOME AND DISTRIBUTIONS. Subject to Article III, Section 6 hereof, the Board of Trustees shall have the power to fix an initial offering price for the Shares of the Trust or any Series or class thereof, respectively, that thereof which shall yield to the Trust or result in such Series or class being valued at not less than the net asset value thereof, at which price the Shares of the Trust or such Series or class, respectively, class shall be offered initially for sale, and to determine from time to time thereafter the offering price which shall yield to the Trust or result in such Series or class, respectively, class being valued at not less than the net asset value thereof from sales of the Shares of the Trust or such Series or class; PROVIDED, HOWEVER, that no Shares of the Trust or a Series or class thereof shall be issued or sold for consideration which shall yield to the Trust or result in such Series or class, respectively, class being valued at less than the net asset value thereof of the Shares of such Series or class next determined after the receipt of the orderorder (or at such other times set by the Board of Trustees), except in the case of Shares of the Trust or such Series or class issued in payment of a dividend properly declared and payable. Subject to Article III, Section 6 hereof, the Board of Trustees, in its absolute discretion, may prescribe and shall set forth in the By-laws, this Declaration of Trust Laws or in a resolution duly adopted vote of the Board of Trustees such bases and time for determining the net asset value per Share, Share or net asset value of the Shares, Shares of the Trust or any Series or class thereof or net income attributable to the Shares of the Trust or any Series or class thereofSeries, or the declaration and payment of dividends and distributions on the Shares of the Trust or any Series or class thereofSeries, as it they may deem necessary or desirable.

Net Asset Value, Distributions, and Redemptions. Section 1. DETERMINATION OF NET ASSET VALUEDetermination of Net Asset Value, NET INCOME AND DISTRIBUTIONSNet Income and ------------------------------------------------ Distributions. Subject to Article III, Section 6 hereof, the Board of Trustees ------------- shall have the power to fix an initial offering price for the Shares of the Trust or any Series or class thereof, respectively, that shall yield to the Trust or such Series or class not less than the net asset value thereof, at which price the Shares of the Trust or such Series or class, respectively, shall be offered initially for sale, and to determine from time to time thereafter the offering price which shall yield to the Trust or such Series or class, respectively, not less than the net asset value thereof from sales of the Shares of the Trust or such Series or class; PROVIDEDprovided, HOWEVERhowever, that no Shares of the Trust or a Series or class thereof shall be issued or sold for consideration which shall yield to the Trust or such Series or class, respectively, less than the net asset value thereof next determined after the receipt of the order, except in the case of Shares of the Trust or such Series or class issued in payment of a dividend properly declared and payable. Subject to Article III, Section 6 hereof, the Board of Trustees, in its absolute discretion, may prescribe and shall set forth in the By-laws, this Declaration of Trust or in a resolution of the Board of Trustees such bases and time for determining the net asset value per Share, or net asset value of the Shares, of the Trust or any Series or class thereof or net income attributable to the Shares of the Trust or any Series or class thereof, or the declaration and payment of dividends and distributions on the Shares of the Trust or any Series or class thereof, as it may deem necessary or desirable.

Net Asset Value, Distributions, and Redemptions. Section 1. DETERMINATION OF NET ASSET VALUEDetermination of Net Asset Value, NET INCOME AND DISTRIBUTIONSNet Income and Distributions. Subject to Article III, Section 6 hereof, the Board of Trustees shall have the power to fix an initial offering price for the Shares of the Trust or any Series or class thereof, respectively, that thereof which shall yield to the Trust or such Series or class not less than the net asset value thereof, at which price the Shares of the Trust or such Series or class, respectively, class shall be offered initially for sale, and to determine from time to time thereafter the offering price which shall yield to the Trust or such Series or class, respectively, class not less than the net asset value thereof from sales of the Shares of the Trust or such Series or class; PROVIDEDprovided, HOWEVERhowever, that no Shares of the Trust or a Series or class thereof shall be issued or sold for consideration which shall yield to the Trust or such Series or class, respectively, class less than the net asset value thereof of the Shares of such Series or class next determined after the receipt of the orderorder (or at such other times set by the Board of Trustees), except in the case of Shares of the Trust or such Series or class issued in payment of a dividend properly declared and payable. Subject to Article III, Section 6 hereof, the Board of Trustees, in its their absolute discretion, may prescribe and shall set forth in the By-laws, this Declaration of Trust laws or in a resolution duly adopted vote of the Board of Trustees such bases and time for determining the net asset value per Share, Share or net asset value of the Shares, Shares of the Trust or any Series or class thereof or net income attributable to the Shares of the Trust or any Series or class thereofSeries, or the declaration and payment of dividends and distributions on the Shares of the Trust or any Series or class thereofSeries, as it they may deem necessary or desirable. Section 2. Redemptions at the Option of a Shareholder. Unless otherwise provided in the prospectus of the Trust relating to the Shares, as such prospectus may be amended from time to time ("Prospectus"): (a) The Trust shall purchase such Shares as are offered by any Shareholder for redemption, upon the presentation of a proper instrument of transfer together with a request directed to the Trust or a Person designated by the Trust that the Trust purchase such Shares or in accordance with such other procedures for redemption as the Board of Trustees may from time to time authorize; and the Trust will pay therefor the net asset value thereof, in accordance with the By-Laws and applicable law. Payment for said Shares shall be made by the Trust to the Shareholder within seven days after the date on which the request is received in proper form. The obligation set forth in this Section 2 is subject to the provision that in the event that any time the New York Stock Exchange (the "Exchange") is closed for other than weekends or holidays, or if permitted by the Rules of the Commission during periods when trading on the Exchange is restricted or during any National Financial Emergency which makes it impracticable for the Trust to dispose of the investments of the applicable Series or to determine fairly the value of the net assets held with respect to such Series or during any other period permitted by order of the Commission for the protection of investors, such obligations may be suspended or postponed by the Board of Trustees. If certificates have been issued to a Shareholder, any such request by such Shareholder must be accompanied by surrender of any outstanding certificate or certificates for such Shares in form for transfer, together with such proof of the authenticity of signatures as may reasonably be required on such Shares and accompanied by proper stock transfer stamps, if applicable. (b) Payments for Shares so redeemed by the Trust shall be made in cash, except payment for such Shares may, at the option of the Board of Trustees, or such officer or officers as it may duly authorize in its complete discretion, be made in kind or partially in cash and partially in kind. In case of any payment in kind, the Board of Trustees, or its delegate, shall have absolute discretion as to what security or securities of the Trust shall be distributed in kind and the amount of the same; and the securities shall be valued for purposes of distribution at the value at which they were appraised in computing the then current net asset value of the Shares, provided that any Shareholder who cannot legally acquire securities so distributed in kind by reason of the prohibitions of the 1940 Act or the provisions of the Employee Retirement Income Security Act ("ERISA") shall receive cash. Shareholders shall bear the expenses of in-kind transactions, including, but not limited to, transfer agency fees, custodian fees and costs of disposition of such securities. (c) Payment for Shares so redeemed by the Trust shall be made by the Trust as provided above within seven days after the date on which the redemption request is received in good order; provided, however, that if payment shall be made other than exclusively in cash, any securities to be delivered as part of such payment shall be delivered as promptly as any necessary transfers of such securities on the books of the several corporations whose securities are to be delivered practicably can be made, which may not necessarily occur within such seven day period. Moreover, redemptions may be suspended in the event of a National Financial Emergency. In no case shall the Trust be liable for any delay of any corporation or other Person in transferring securities selected for delivery as all or part of any payment in kind. (d) The right of Shareholders to receive dividends or other distributions on Shares may be set forth in a Plan adopted by the Board of Trustees and amended from time to time pursuant to Rule 18f-3 of the 1940 Act. The right of any Shareholder of the Trust to receive dividends or other distributions on Shares redeemed and all other rights of such Shareholder with respect to the Shares so redeemed by the Trust, except the right of such Shareholder to receive payment for such Shares, shall cease at the time as of which the purchase price of such Shares shall have been fixed, as provided above. Section 3. Redemptions at the Option of the Trust. The Board of Trustees may, from time to time, without the vote or consent of the Shareholders, and subject to the 1940 Act, redeem Shares or authorize the closing of any Shareholder account, subject to such conditions as may be established by the Board of Trustees.

Net Asset Value, Distributions, and Redemptions. Section 1. DETERMINATION OF NET ASSET VALUE...Determination of Net Asset Value, NET INCOME AND DISTRIBUTIONSNet Income and Distributions. Subject to Article III, Section 6 hereof, the Board of Trustees Directors shall have the power to fix an initial offering price for the Shares Interests of the Trust Partnership or any Series or class thereof, respectively, that thereof which shall yield to the Trust Partnership or such Series or class not less than the net asset value thereof, at which price the Shares Interests of the Trust Partnership or such Series or class, respectively, shall be offered initially for sale, and to determine from time to time thereafter the offering price which shall yield to the Trust Partnership or such Series or class, respectively, not less than the net asset value thereof from sales of the Shares Interests of the Trust Partnership or such Series or classSeries; PROVIDEDprovided, HOWEVERhowever, that no Shares Interests of the Trust Partnership or a Series or class thereof shall be issued or sold for consideration which shall yield to the Trust Partnership or such Series or class, respectively, less than the net asset value thereof of the Interests of the Partnership or such Series next determined after the receipt of the orderorder (or at such other times set by the Board of Directors), except in the case of Shares Interests of the Trust Partnership or such Series or class issued in payment of a dividend distribution properly declared and payable. Subject to Article III, Section 6 hereof, the Board of TrusteesDirectors, in its absolute discretion, may prescribe and shall set forth in the By-laws, this Declaration of Trust laws or in a resolution duly adopted vote of the Board of Trustees Directors such bases and time for determining the net asset value per Share, unit or net asset value of the Shares, Interests of the Trust Partnership or any Series or class thereof or net income attributable to the Shares Interests of the Trust Partnership or any Series or class thereofSeries, or the declaration and payment of dividends and distributions on the Shares Interests of the Trust Partnership or any Series or class thereofSeries, as it may deem necessary or desirable.