Common use of Number, Election and Tenure Clause in Contracts

Number, Election and Tenure. The number of Trustees shall initially be one (1), who shall be Xxxxxx X. XxXxxxxxxx. After the initial election of Trustees, the number of Trustees shall be eleven (11) or such other number as shall, from time to time, be determined by the Trustees. Except as described above with respect to the Initial Trustee, each Trustee shall serve during the continued term of the Trust until she or he dies, resigns, is declared incompetent by a court of appropriate jurisdiction, or is removed, or, if sooner, until the next meeting of Shareholders called for the purpose of electing Trustees and until the election and qualification of her or his successor. In the event that less than the majority of the Trustees holding office have been elected by the Shareholders, to the extent required by the 1940 Act, the Trustees then in office shall call a Shareholders' meeting for the election of Trustees. Any Trustee may resign at any time by written instrument signed by her or him and delivered to any officer of the Trust or to the Secretary of any meeting of the Trustees. Such resignation shall be effective upon receipt unless specified to be effective at some other time. Except to the extent expressly provided in a written agreement with the Trust, no Trustee resigning and no Trustee removed shall have any right to any compensation for any period following her or his resignation or removal, or any right to damages on account of such removal. Any Trustee may be removed with or without cause at any meeting of Shareholders by a vote of two-thirds of the outstanding Shares of the Trust or by a vote of two-thirds of the number of Trustees prior to such removal.

Appears in 12 contracts

Samples: Agreement (Phoenix Strategic Equity Series Fund), A Agreement (Phoenix Equity Series Fund), Agreement and Declaration (Phoenix Multi Portfolio Fund)

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Number, Election and Tenure. The number of Trustees shall initially be one (1), who Initial Trustee shall be Xxxxxx X. XxXxxxxxxxXxxxx Xxxxxx. After the initial election of Trustees, the number of Trustees shall be eleven (11) eight or such other number as shall, from time to time, be determined by the TrusteesTrustees pursuant to Section 4 of this Article IV. Except as described above with respect to the Initial Trustee, each Trustee shall serve during the continued term of the Trust until she or he dies, resigns, is declared bankrupt or incompetent by a court of appropriate jurisdiction, or is removed, or, if sooner, until the next meeting of Shareholders called for the purpose of electing Trustees and until the election and qualification of her or his successor. In the event that less than the majority of the Trustees holding office have been elected by the Shareholders, to the extent required by the 1940 Act, the Trustees then in office shall call a Shareholders' Shareholders meeting for the election of Trustees. Any Trustee may resign at any time by written instrument signed by her or him and delivered to any officer of the Trust or to the Secretary secretary of any meeting of the Trustees. Such resignation shall be effective upon receipt unless specified to be effective at some other time. Except to the extent expressly provided in a written agreement with the Trust, no Trustee resigning and no Trustee removed shall have any right to any compensation for any period following her or his resignation or removal, or any right to damages on account of such removal. The Shareholders may elect Trustees at any meeting of Shareholders called by the Trustees for that purpose. Any Trustee may be removed with or without cause at any meeting of Shareholders by a majority vote of two-thirds of the outstanding Shares of the Trust or by a vote of two-thirds of Trust, as defined in the number of Trustees prior to such removal1940 Act.

Appears in 3 contracts

Samples: Agreement and Declaration (First Eagle Variable Funds), First Eagle Funds, Agreement and Declaration (First Eagle Funds Inc)

Number, Election and Tenure. The number of Trustees shall initially be one (1), who constituting the Board of Trustees shall be Xxxxxx X. XxXxxxxxxx. After fixed from time to time by a written instrument signed, or by resolution approved at a duly constituted meeting, by a majority of the initial election Board of Trustees, provided, however, that the number of Trustees shall in no event be eleven fewer than one (111) nor more than fifteen (15). The Board of Trustees, by action of a majority of the then Trustees at a duly constituted meeting, may fill vacancies in the Board of Trustees or such other number as shall, from time to time, be determined by the Trusteesremove Trustees with or without cause. Except as described above with respect to the Initial Trustee, each Each Trustee shall serve during the continued term lifetime of the Trust until he or she or he dies, resigns, is declared bankrupt or incompetent by a court of appropriate jurisdiction, or is removed, or, if sooner, until the next meeting of Shareholders called for the purpose of electing Trustees and until the election and qualification of his or her or his successor. In the event that less than the majority of the Trustees holding office have been elected by the Shareholders, to the extent required by the 1940 Act, the Trustees then in office shall call a Shareholders' meeting for the election of Trustees. Any Trustee may resign at any time by written instrument signed by him or her or him and delivered to any officer of the Trust or to the Secretary of any a meeting of the Trustees. Such resignation shall be effective upon receipt unless specified to be effective at some other time. Except to the extent expressly provided in a written agreement with the Trust, no Trustee resigning and no Trustee removed shall have any right to any compensation for any period following his or her or his resignation or removal, or any right to damages on account of such removal. The Shareholders may fix the number of Trustees and elect Trustees at any meeting of Shareholders called by the Trustees for that purpose. Any Trustee may be removed with or without cause at any meeting of Shareholders by a vote of two-thirds of the outstanding Shares of the Trust Trust. A meeting of Shareholders for the purpose of electing or removing one or more Trustees may be called (i) by a vote the Trustees upon their own vote, or (ii) upon the demand of two-thirds Shareholders owning ten percent (10%) or more of the number Shares of Trustees prior to such removalthe Trust in the aggregate.

Appears in 3 contracts

Samples: Agreement and Declaration (Merger Fund Vl), Agreement and Declaration (Blue & White Funds Trust), Agreement and Declaration (Optimum Q Funds)

Number, Election and Tenure. The number of Trustees shall initially be one (1), who constituting the Board of Trustees shall be Xxxxxx X. XxXxxxxxxx. After fixed from time to time by a written instrument signed, or by resolution approved at a duly constituted meeting, by a majority of the initial election Board of Trustees, provided, however, that the number of Trustees shall in no event be eleven fewer than one (111) nor more than fifteen (15). The Board of Trustees, by action of a majority of the then Trustees at a duly constituted meeting, may fill vacancies in the Board of Trustees or such other number as shall, from time to time, be determined by the Trusteesremove Trustees with or without cause. Except as described above with respect to the Initial Trustee, each Each Trustee shall serve during the continued term lifetime of the Trust until he or she or he dies, resigns, is declared bankrupt or incompetent by a court of appropriate jurisdiction, or is removed, or, if sooner, until the next meeting of Shareholders called for the purpose of electing Trustees and until the election and qualification of his or her or his successor. In the event that less than the majority of the Trustees holding office have been elected by the Shareholders, to the extent required by the 1940 Act, the Trustees then in office shall call a Shareholders' meeting for the election of Trustees. Any Trustee may resign at any time by written instrument signed by him or her or him and delivered to any officer of the Trust or to the Secretary of any a meeting of the Trustees. Such resignation shall be effective upon receipt unless specified to be effective at some other time. Except to the extent expressly provided in a written agreement with the Trust, no Trustee resigning and no Trustee removed shall have any right to any compensation for any period following his or her or his resignation or removal, or any right to damages on account of such removal. The Shareholders may fix the number of Trustees and elect Trustees at any meeting of Shareholders called by the Trustees for that purpose. Any Trustee may be removed with or without cause at any meeting of Shareholders by a vote of two-thirds of the outstanding Shares of the Trust Trust. A meeting of Shareholders for the purpose of electing or removing one or more Trustees may be called (i) by a vote the Trustees upon their own vote, or (ii) upon the demand of two-thirds Shareholders owning 10% or more of the number Shares of Trustees prior to such removalthe Trust in the aggregate.

Appears in 3 contracts

Samples: Agreement and Declaration (Allegiance Investment Trust), Agreement and Declaration (Kit Cole Investment Trust), Agreement and Declaration (Kit Cole Investment Trust)

Number, Election and Tenure. The number of Trustees shall initially be one (1), who constituting the Board of Trustees shall be Xxxxxx X. XxXxxxxxxx. After fixed from time to time by a written instrument signed, or by resolution approved at a duly constituted meeting, by a majority of the initial election Board of Trustees, provided, however, that the number of Trustees shall in no event be eleven less than one (111) or such other number as shall, from time to time, be determined by the Trusteesnor more than fifteen (15). Except as described above with respect Subject to the Initial Trusteerequirements of the 1940 Act, each the Board of Trustees, by action of a majority of the then acting Trustees at a duly constituted meeting, may fill vacancies in the Board of Trustees or remove Trustees with or without cause. Each Trustee shall serve during the continued term lifetime of the Trust until she or he dies, resigns, is declared bankrupt or incompetent by a court of appropriate jurisdiction, or is removed, or, if sooner, until the next meeting of Shareholders called for the purpose of electing Trustees and until the election and qualification of her or his successor. In the event that less than the majority of the Trustees holding office have been elected by the Shareholders, to the extent required by the 1940 Act, the Trustees then in office shall call a Shareholders' meeting for the election of Trustees. Any Trustee may resign at any time by written instrument signed by her or him and delivered to any officer of the Trust or to the Secretary of any a meeting of the Trustees. Such resignation shall be effective upon receipt unless specified to be effective at some other time. Except to the extent expressly provided in a written agreement with the Trust, no Trustee resigning and no Trustee removed shall have any right to any compensation for any period following her or his resignation or removal, or any right to damages on account of such removal. Any Trustee may be removed with or without cause at any meeting of Shareholders by a vote of two-thirds of the outstanding Shares of the Trust Trust. A meeting of Shareholders for the purpose of electing or removing one or more Trustees may be called (i) by a vote the Trustees upon their own vote, or (ii) upon the demand of two-thirds Shareholders owning 10% or more of the number Shares of Trustees prior to such removalthe Trust in the aggregate.

Appears in 2 contracts

Samples: Managed Portfolio Series, Agreement and Declaration of Trust (Managed Portfolio Series)

Number, Election and Tenure. The number of Trustees shall initially be one (1), who constituting the Board of Trustees shall be Xxxxxx X. XxXxxxxxxx. After fixed from time to time by a written instrument signed, or by resolution approved at a duly constituted meeting, by a majority of the initial election Board of Trustees, provided, however, that the number of Trustees shall in no event be eleven less than one (111) nor more than fifteen (15). The Board of Trustees, by action of a majority of the then Trustees at a duly constituted meeting, may fill vacancies in the Board of Trustees or such other number as shall, from time to time, be determined by the Trusteesremove Trustees with or without cause. Except as described above with respect to the Initial Trustee, each Each Trustee shall serve during the continued term of the Trust until she or he dies, resigns, is declared incompetent by a court of appropriate jurisdiction, or is removed, or, if sooner, until the next meeting of Shareholders called for the purpose of electing Trustees and until the election and qualification of his or her successor, unless he or his successor. In the event that less than the majority she sooner resigns, is declared bankrupt or incompetent by a court of the Trustees holding office have been elected by the Shareholdersappropriate jurisdiction, to the extent required by the 1940 Act, the Trustees then in office shall call a Shareholders' meeting for the election of Trusteesis removed or dies. Any Trustee may resign at any time by written instrument signed by her or him and delivered to any officer of the Trust or to the Secretary of any a meeting of the Trustees. Such resignation shall be effective upon receipt unless specified to be effective at some other time. Except to the extent expressly provided in a written agreement with the Trust, no Trustee resigning and no Trustee removed shall have any right to any compensation for any period following his or her or his resignation or removal, or any right to damages on account of such removal. The Shareholders may elect Trustees at any meeting of Shareholders called by the Trustees for that purpose. Any Trustee may be removed with or without cause at any meeting of Shareholders by a vote of two-thirds of the outstanding Shares of the Trust Trust. A meeting of Shareholders for the purpose of electing or removing one or more Trustees may be called (i) by a vote the Trustees upon their own vote, or (ii) upon the demand of two-thirds Shareholders owning 10% or more of the number Shares of Trustees prior to such removalthe Trust in the aggregate.

Appears in 2 contracts

Samples: Agreement and Declaration (Hc Capital Trust), Agreement and Declaration (Hirtle Callaghan Trust)

Number, Election and Tenure. The number of Trustees shall initially be one (1)one, who shall be Xxxxxx Xxxxx X. XxXxxxxxxxXxxxx. After the initial election of TrusteesHereafter, the number of Trustees shall at all times be eleven (11) or such other number at least one and no more than ten as shalldetermined, from time to time, be determined by the TrusteesTrustees pursuant to Section 3 of this Article IV. Except as described above with respect to the Initial Trustee, each Each Trustee shall serve during the continued term lifetime of the Trust until he or she or he dies, resigns, has reached the mandatory retirement age as set by the Trustees, is declared bankrupt or incompetent by a court of appropriate jurisdiction, or is removed, or, if sooner, until the next meeting of Shareholders called for the purpose of electing Trustees and until the election and qualification of his or her or his successor. In the event that less than the majority of the Trustees holding office have been elected by the Shareholders, to the extent required by the 1940 Act, the Trustees then in office shall call a Shareholders' meeting for the election of Trustees. Any Trustee may resign at any time by written instrument signed by him or her or him and delivered to any officer of the Trust or to the Secretary of any a meeting of the Trustees. Such resignation shall be effective upon receipt unless specified to be effective at some other time. Except to the extent expressly provided in a written agreement with the Trust, no Trustee resigning and no Trustee removed shall have any right to any compensation for any period following his or her or his resignation or removal, or any right to damages on account of such removal. The Shareholders may elect Trustees at any meeting of Shareholders called by the Trustees for that purpose. Any Trustee may be removed with or without cause at any meeting of Shareholders by a vote of two-thirds of the outstanding Shares of the Trust or by a vote of two-thirds of the number of Trustees prior to such removalTrust.

Appears in 2 contracts

Samples: Agreement and Declaration (787 Trust), Amended And (Eq Advisors Trust)

Number, Election and Tenure. The number of Trustees shall initially be one (1), who shall be Xxxxxx X. XxXxxxxxxxXxxxx Xxxxxxxx. After the initial election of Trustees, the number of Trustees shall be eleven (11) or such other number as shall, from time to time, be determined by the Trustees. Except as described above with respect to the Initial Trustee, each Trustee shall serve during the continued term of the Trust until she or he dies, resigns, is declared incompetent by a court of appropriate jurisdiction, or is removed, or, if sooner, until the next meeting of Shareholders called for the purpose of electing Trustees and until the election and qualification of her or his successor. In the event that less than the majority of the Trustees holding office have been elected by the Shareholders, to the extent required by the 1940 Act, the Trustees then in office shall call a Shareholders' meeting for the election of Trustees. Any Trustee may resign at any time by written instrument signed by her or him and delivered to any officer of the Trust or to the Secretary of any meeting of the Trustees. Such resignation shall be effective upon receipt unless specified to be effective at some other time. Except to the extent expressly provided in a written agreement with the Trust, no Trustee resigning and no Trustee removed shall have any right to any compensation for any period following her or his resignation or removal, or any right to damages on account of such removal. Any Trustee may be removed with or without cause at any meeting of Shareholders by a vote of two-thirds of the outstanding Shares of the Trust or by a vote of two-thirds of the number of Trustees prior to such removal.

Appears in 2 contracts

Samples: Agreement and Declaration (Phoenix Engemann Funds), Agreement and Declaration (Phoenix Engemann Funds)

Number, Election and Tenure. The number of Trustees shall initially be one (1)one, who shall be Xxxxxx X. XxXxxxxxxxJamex Xxxxxxxx. After the initial election of TrusteesXxreafter, the number of Trustees shall at all times be eleven (11) or such other number at least one and no more than fifteen as shalldetermined, from time to time, be determined by the TrusteesTrustees pursuant to Section 3 of this Article IV. Except as described above with respect to the Initial Trustee, each Each Trustee shall serve during the continued term lifetime of the Trust until he or she or he dies, resigns, is declared bankrupt or incompetent by a court of appropriate jurisdiction, or is removed, or, if sooner, until the next meeting of Shareholders called for the purpose of electing Trustees and until the election and qualification of his or her or his successor. In the event that less than the majority of the Trustees holding office have been elected by the Shareholders, to the extent required by the 1940 Act, the Trustees then in office shall call a Shareholders' meeting for the election of Trustees. Any Trustee may resign at any time by written instrument signed by her or him and delivered to any officer of the Trust or to the Secretary of any a meeting of the Trustees. Such resignation shall be effective upon receipt unless specified to be effective at some other time. Except to the extent expressly provided in a written agreement with the Trust, no Trustee resigning and no Trustee removed shall have any right to any compensation for any period following the effective date of his or her or his resignation or removal, or any right to damages on account of such removal. The Shareholders may elect Trustees at any meeting of Shareholders called by the Trustees for that purpose. Any Trustee may be removed with or without cause at any meeting of Shareholders by a vote of two-thirds of the outstanding Shares of the Trust or by a vote of two-thirds of the number of Trustees prior to such removalTrust.

Appears in 2 contracts

Samples: Agreement and Declaration (E Harmon Funds), Agreement and Declaration (E Harmon Funds)

Number, Election and Tenure. The number of Trustees shall initially be one (1), who constituting the Board of Trustees shall be Xxxxxx X. XxXxxxxxxx. After fixed from time to time by a written instrument signed, or by resolution approved at a duly constituted meeting, by a majority of the initial election Board of Trustees, provided, however, that the number of Trustees shall in no event be eleven less than one (111) nor more than fifteen (15). The Board of Trustees, by action of a majority of the then Trustees at a duly constituted meeting, may fill vacancies in the Board of Trustees or such other number as shall, from time to time, be determined by the Trusteesremove Trustees with or without cause. Except as described above with respect to the Initial Trustee, each Each Trustee shall serve during the continued term lifetime of the Trust until he or she or he dies, resigns, is declared bankrupt or incompetent by a court of appropriate jurisdiction, or is removed, or, if sooner, until the next meeting of Shareholders called for the purpose of electing Trustees and until the election and qualification of his or her or his successor. In the event that less than the majority of the Trustees holding office have been elected by the Shareholders, to the extent required by the 1940 Act, the Trustees then in office shall call a Shareholders' meeting for the election of Trustees. Any Trustee may resign at any time by written instrument signed by her or him and delivered to any officer of the Trust or to the Secretary of any a meeting of the Trustees. Such resignation shall be effective upon receipt unless specified to be effective at some other time. Except to the extent expressly provided in a written agreement with the Trust, no Trustee resigning and no Trustee removed shall have any right to any compensation for any period following his or her or his resignation or removal, or any right to damages on account of such removal. The Shareholders may fix the number of Trustees and elect Trustees at any meeting of Shareholders called by the Trustees for that purpose. Any Trustee may be removed with or without cause at any meeting of Shareholders by a vote of two-thirds of the outstanding Shares of the Trust Trust. A meeting of Shareholders for the purpose of electing or removing one or more Trustees may be called (i) by a the Trustees upon their own vote or (ii) upon the demand of two-thirds Shareholders owning 10% or more of the number Shares of Trustees prior to such removalthe Trust in the aggregate.

Appears in 2 contracts

Samples: Agreement (Franklin Floating Rate Trust), Franklin Floating Rate Trust

Number, Election and Tenure. The number of Trustees constituting the Board of Trustees shall initially be one five (15), who unless such number shall be Xxxxxx X. XxXxxxxxxx. After changed from time to time by a written instrument signed by a majority of the initial election Board of Trustees, provided, however, that the number of Trustees shall in no event be eleven (11) less than one nor more than 15. The initial Trustees shall be those individuals signing this Agreement and Declaration of Trust in that capacity. The Board of Trustees, by action of a majority of the then Trustees at a duly constituted meeting, may fill vacancies in the Board of Trustees or such other number as shall, from time to time, be determined by the Trusteesremove Trustees with or without cause. Except as described above with respect to the Initial Trustee, each Each Trustee shall serve during the continued term lifetime of the Trust until she or he dies, resigns, is declared bankrupt or incompetent by a court of appropriate jurisdiction, or is removed, or, if sooner, until the next meeting of Shareholders called for the purpose of electing Trustees and until the election and qualification of her or his successor. In the event that less than the majority of the Trustees holding office have been elected by the Shareholders, to the extent required by the 1940 Act, the Trustees then in office shall call a Shareholders' meeting for the election of Trustees. Any Trustee may resign at any time by written instrument signed by her or him and delivered to any officer of the Trust or to the Secretary of any a meeting of the Trustees. Such resignation shall be effective upon receipt unless specified to be effective at some other time. Except to the extent expressly provided in a written agreement with the Trust, no Trustee resigning and no Trustee removed shall have any right to any compensation for any period following her or his resignation or removal, or any right to damages on account of such removal. Any Trustee The Shareholders may be removed with or without cause fix the number of Trustees and elect Trustees at any meeting of Shareholders called by a vote of two-thirds of the outstanding Shares of the Trust or by a vote of two-thirds of the number of Trustees prior to such removalfor that purpose.

Appears in 2 contracts

Samples: Agreement and Declaration (Professionally Managed Portfolios), Exhibit Index (Professionally Managed Portfolios)

Number, Election and Tenure. The number of Trustees shall initially be one (1)three, who shall be Xxxxxx Davix X. XxXxxxxxxxXxxxxx, X. Jane Xxxx xxx Robexx X. Xxxxxxxx. After the initial election of TrusteesXxreafter, the number of Trustees shall at all times be eleven (11) or such other number at least one and no more than fifteen as shalldetermined, from time to time, be determined by the TrusteesTrustees pursuant to Section 3 of this Article IV. Except as described above with respect to the Initial Trustee, each Each Trustee shall serve during the continued term lifetime of the Trust until he or she or he dies, resigns, is declared bankrupt or incompetent by a court of appropriate jurisdiction, or is removed, or, if sooner, until the next meeting of Shareholders called for the purpose of electing Trustees and until the election and qualification of his or her or his successor. In the event that less than the majority of the Trustees holding office have been elected by the Shareholders, to the extent required by the 1940 Act, the Trustees then in office shall call a Shareholders' meeting for the election of Trustees. Any Trustee may resign at any time by written instrument signed by her or him and delivered to any officer of the Trust or to the Secretary of any a meeting of the Trustees. Such resignation shall be effective upon receipt unless specified to be effective at some other time. Except to the extent expressly provided in a written agreement with the Trust, no Trustee resigning and no Trustee removed shall have any right to any compensation for any period following the effective date of his or her or his resignation or removal, or any right to damages on account of such removal. The Shareholders may elect Trustees at any meeting of Shareholders called by the Trustees for that purpose. Any Trustee may be removed with or without cause at any meeting of Shareholders by a vote of two-thirds of the outstanding Shares of the Trust or by a vote of two-thirds of the number of Trustees prior to such removalTrust.

Appears in 2 contracts

Samples: Agreement and Declaration (Target Funds), Prudential Diversified Series

Number, Election and Tenure. The number of Trustees shall initially be one (1)one, who shall be Xxxxxx X. XxXxxxxxxxJxxxxxx Xxxxxx. After the initial election of TrusteesThereafter, the number of Trustees shall at all times be eleven (11) at least one or no more than such other number as shalldetelmined, from time to time, be determined by the TrusteesTrustees pursuant to Section 3 of this Article IV. Except as described above with respect to the Initial Trustee, each Each Trustee shall serve during the continued term lifetime of the Trust until he or she or he dies, resigns, has reached any mandatory retirement age as set by the Trustees, is declared bankrupt or incompetent by a court of appropriate jurisdictionjuris<;liction, or is removed, or, if sooner, until the next meeting of Shareholders called for the purpose of electing Trustees and until the election and qualification of ofhis or her or his successor. In the event that less than the a majority of the Trustees holding office have been elected by the Shareholders, to the extent required by the 1940 Act, the Trustees then in office shall call a Shareholders' meeting take such action as may be necessary under applicable law for the election of Trustees. Any Trustee may resign at any time by written instrument signed by him or her or him and delivered to any officer of the Trust or to the Secretary of any a meeting of the Trustees. Such resignation shall be effective upon receipt unless specified to be effective at some other time. Except to the extent expressly provided in a written agreement with the Trust, no Trustee resigning and no Trustee removed shall have any right to any compensation for any period following his or her or his resignation or removal, or any right to damages on account of such removal. The Shareholders may elect Trustees at any meeting of Shareholders 'called by the Trustees for that purpose. Any Trustee may be removed with or without cause at any meeting of Shareholders by a vote of two-thirds of the outstanding Shares of the Trust or by a vote of two-thirds of the number of Trustees prior to such removalTrust.

Appears in 1 contract

Samples: Declaration of Trust (Allianz Variable Insurance Products Fund of Funds Trust)

Number, Election and Tenure. The number of Trustees shall initially be one (1), who shall be Xxxxxx X. XxXxxxxxxxXxxxx Xxxxxxxx. After the initial election of Trustees, the number of Trustees shall be eleven six (116) or such other number as shall, from time to time, be determined by the Trustees. Except as described above with respect to the Initial Trustee, each Trustee shall serve during the continued term of the Trust until she or he dies, resigns, is declared incompetent by a court of appropriate jurisdiction, or is removed, or, if sooner, until the next meeting of Shareholders called for the purpose of electing Trustees and until the election and qualification of her or his successor. In the event that less than the majority of the Trustees holding office have been elected by the Shareholders, to the extent required by the 1940 Act, the Trustees then in office shall call a Shareholders' meeting for the election of Trustees. Any Trustee may resign at any time by written instrument signed by her or him and delivered to any officer of the Trust or to the Secretary of any meeting of the Trustees. Such resignation shall be effective upon receipt unless specified to be effective at some other time. Except to the extent expressly provided in a written agreement with the Trust, no Trustee resigning and no Trustee removed shall have any right to any compensation for any period following her or his resignation or removal, or any right to damages on account of such removal. Any Trustee may be removed with or without cause at any meeting of Shareholders by a vote of two-thirds of the outstanding Shares of the Trust or by a vote of two-thirds of the number of Trustees prior to such removal.

Appears in 1 contract

Samples: Agreement and Declaration (Phoenix Engemann Funds)

Number, Election and Tenure. The number of Trustees shall initially be one (1), who Initial Trustee shall be Xxxxxx X. XxXxxxxxxxXxxxx. After the initial election of Trustees, the number of Trustees shall be eleven (11) eight or such other number as shall, from time to time, be determined by the TrusteesTrustees pursuant to Section 4 of this Article IV. Except as described above with respect to the Initial Trustee, each Trustee shall serve during the continued term of the Trust until she or he dies, resigns, is declared bankrupt or incompetent by a court of appropriate jurisdiction, or is removed, or, if sooner, until the next meeting of Shareholders called for the purpose of electing Trustees and until the election and qualification of her or his successor. In the event that less than the majority of the Trustees holding office have been elected by the Shareholders, to the extent required by the 1940 Act, the Trustees then in office shall call a Shareholders' meeting for the election of Trustees. Any Trustee may resign at any time by written instrument signed by her or him and delivered to any officer of the Trust or to the Secretary secretary of any meeting of the Trustees. Such resignation shall be effective upon receipt unless specified to be effective at some other time. Except to the extent expressly provided in a written agreement with the Trust, no Trustee resigning and no Trustee removed shall have any right to any compensation for any period following her or his resignation or removal, or any right to damages on account of such removal. The Shareholders may elect Trustees at any meeting of Shareholders called by the Trustees for that purpose. Any Trustee may be removed with or without cause at any meeting of Shareholders by a majority vote of two-thirds of the outstanding Shares of the Trust or by a vote of two-thirds of Trust, as defined in the number of Trustees prior to such removal1940 Act.

Appears in 1 contract

Samples: Agreement and Declaration of Trust (First Eagle Trust)

Number, Election and Tenure. The number of Trustees shall initially be one (1)one, who shall be Xxxxxx X. XxXxxxxxxxAllen R. Gillespie. After the initial election of TrusteesHereafter, the number of Trustees txx xxxxxx xx Xxxxxxes shall at all times be eleven at least one and no more than ten (1110) or such other number as shalldetermined, from time to time, be determined by the TrusteesTrustees pursuant to Section 3 of this Article IV. Except as described above with respect to the Initial Trustee, each Each Trustee shall serve during the continued term lifetime of the Trust until he or she or he dies, resigns, has reached the mandatory retirement age as set by the Trustees, is declared bankrupt or incompetent by a court of appropriate jurisdiction, or is removed, or, if sooner, until the next meeting of Shareholders called for the purpose of electing Trustees and until the election and qualification of his or her or his successor. In the event that less than the majority of the Trustees holding office have been elected by the Shareholders, to the extent required by the 1940 Act, the Trustees then in office shall call a Shareholders' meeting for the election of Trustees. Any Trustee may resign at any time by written instrument signed by him or her or him and delivered to any officer of the Trust or to the Secretary of any a meeting of the Trustees. Such resignation shall be effective upon receipt unless specified to be effective at some other time. Except to the extent expressly provided in a written agreement with the Trust, no Trustee resigning and no Trustee removed shall have any right to any compensation for any period following his or her or his resignation or removal, or any right to damages on account of such removal. The Shareholders may elect Trustees at any meeting of Shareholders called by the Trustees for that purpose. Any Trustee may be removed with or without cause at any meeting of Shareholders by a vote of two-thirds of the outstanding Shares of the Trust or by a vote of two-thirds of the number of Trustees prior to such removalTrust.

Appears in 1 contract

Samples: Blue Ridge Funds Trust

Number, Election and Tenure. The number of Trustees shall initially be one (1)one, who shall be Xxxxxx Xxxxxxx X. XxXxxxxxxxXxxxxx. After the initial election of Trustees, the The number of Trustees shall at all times be eleven (11) or at least one and no more than such other number as shalldetermined, from time to time, be determined by the TrusteesTrustees pursuant to Section 3 of this Article IV. Except as described above with respect to the Initial Trustee, each Each Trustee shall serve during the continued term lifetime of the Trust until he or she or he dies, resigns, has reached any mandatory retirement age as set by the Trustees, is declared bankrupt or incompetent by a court of appropriate jurisdiction, or is removed, or, if sooner, until the next meeting of Shareholders called for the purpose of electing Trustees and until the election and qualification of his or her or his successor. In the event that less than the a majority of the Trustees holding office have been elected by the Shareholders, to the extent required by the 1940 Act, the Trustees then in office shall call a Shareholders' meeting take such actions as may be necessary under applicable law for the election of Trustees. Any Trustee may resign at any time by written instrument signed by him or her or him and delivered to any officer of the Trust or to the Secretary of any a meeting of the Trustees. Such resignation shall be effective upon receipt unless specified to be effective at some other time. Except to the extent expressly provided in a written agreement with the Trust, no Trustee resigning and no Trustee removed shall have any right to any compensation for any period following his or her or his resignation or removal, or any right to damages on account of such removal. The Shareholders may elect Trustees at any meeting of Shareholders called by the Trustees for that purpose. Any Trustee may be removed with or without cause at any meeting of Shareholders by a vote of two-thirds of the outstanding Shares of the Trust or by a vote of two-thirds of the number of Trustees prior to such removalTrust.

Appears in 1 contract

Samples: Agreement and Declaration (Metropolitan Series Fund Inc)

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Number, Election and Tenure. The number of Trustees shall initially be one (1)three, who shall be Xxxxxxx X. Docs, S. Xxxx Xxxx and Xxxxxx X. XxXxxxxxxxXxxxxxxx. After the initial election of TrusteesHereafter, the number of Trustees shall at all times be eleven (11) or such other number at least one and no more than fifteen as shalldetermined, from time to time, be determined by the TrusteesTrustees pursuant to Section 3 of this Article IV. Except as described above with respect to the Initial Trustee, each Each Trustee shall serve during the continued term lifetime of the Trust until he or she or he dies, resigns, is declared bankrupt or incompetent by a court of appropriate jurisdiction, or is removed, or, if sooner, until the next meeting of Shareholders called for the purpose of electing Trustees and until the election and qualification of his or her or his successor. In the event that less than the majority of the Trustees holding office have been elected by the Shareholders, to the extent required by the 1940 Act, the Trustees then in office shall call a Shareholders' meeting for the election of Trustees. Any Trustee may resign at any time by written instrument signed by her or him and delivered to any officer of the Trust or to the Secretary of any a meeting of the Trustees. Such resignation shall be effective upon receipt unless specified to be effective at some other time. Except to the extent expressly provided in a written agreement with the Trust, no Trustee resigning and no Trustee removed shall have any right to any compensation for any period following his or her or his resignation or removal, or any right to damages on account of such removal. The Shareholders may elect Trustees at any meeting of Shareholders called by the Trustees for that purpose. Any Trustee may be removed with or without cause at any meeting of Shareholders by a vote of two-thirds of the outstanding Shares of the Trust or by a vote of two-thirds of the number of Trustees prior to such removalTrust.

Appears in 1 contract

Samples: Agreement and Declaration (Strategic Partners Series)

Number, Election and Tenure. The number of initial Trustees shall initially be one (1), who shall be Xxxxxx X. XxXxxxxxxxXxxxxx and Xxxxx Xxxxxx. After the initial election of Trustees, the number of Trustees shall be eleven (11) six or such other number as shall, from time to time, be determined by the TrusteesTrustees pursuant to Section 5 of this Article IV. Except as described above with respect to the Initial TrusteeTrustees, each Trustee shall serve during the continued term of the Trust until she or he dies, resigns, is declared bankrupt or incompetent by a court of appropriate jurisdiction, or is removed, or, if sooner, until the next meeting of Shareholders called for the purpose of electing Trustees and until the election and qualification of her or his successor. In the event that less than the majority of the Trustees holding office have been elected by the Shareholders, to the extent required by the 1940 Act, the Trustees then in office shall call a Shareholders' meeting for the election of Trustees. Any Trustee may resign at any time by written instrument signed by her or him and delivered to any officer of the Trust or to the Secretary of any meeting of the Trustees. Such resignation shall be effective upon receipt unless specified to be effective at some other time. Except to the extent expressly provided in a written agreement with the Trust, no Trustee resigning and no Trustee removed shall have any right to any compensation for any period following her or his resignation or removal, or any right to damages on account of such removal. The Shareholders may elect Trustees at any meeting of Shareholders called by the Trustees for that purpose. Any Trustee may be removed with or without cause at any meeting of Shareholders by a vote of two-thirds of the outstanding Shares of the Trust or by a vote of two-thirds of the number of Trustees prior to such removalTrust.

Appears in 1 contract

Samples: Agreement and Declaration (Euclid Mutual Funds)

Number, Election and Tenure. The number of Trustees shall initially be one (1)three, who shall be Xxxxxxxxxx X. X. Xxxxxxxx, Xxxxxxx X. Docs and Xxxxxx X. XxXxxxxxxxXxxxxxxx. After the initial election of TrusteesHereafter, the number of Trustees shall at all times be eleven (11) or such other number at least one and no more than fifteen as shalldetermined, from time to time, be determined by the TrusteesTrustees pursuant to Section 3 of this Article IV. Except as described above with respect to the Initial Trustee, each Each Trustee shall serve during the continued term lifetime of the Trust until he or she or he dies, resigns, is declared bankrupt or incompetent by a court of appropriate jurisdiction, or is removed, or, if sooner, until the next meeting of Shareholders called for the purpose of electing Trustees and until the election and qualification of his or her or his successor. In the event that less than the majority of the Trustees holding office have been elected by the Shareholders, to the extent required by the 1940 Act, the Trustees then in office shall call a Shareholders' meeting for the election of Trustees. Any Trustee may resign at any time by written instrument signed by her or him and delivered to any officer of the Trust or to the Secretary of any a meeting of the Trustees. Such resignation shall be effective upon receipt unless specified to be effective at some other time. Except to the extent expressly provided in a written agreement with the Trust, no Trustee resigning and no Trustee removed shall have any right to any compensation for any period following his or her or his resignation or removal, or any right to damages on account of such removal. The Shareholders may elect Trustees at any meeting of Shareholders called by the Trustees for that purpose. Any Trustee may be removed with or without cause at any meeting of Shareholders by a vote of two-thirds of the outstanding Shares of the Trust or by a vote of two-thirds of the number of Trustees prior to such removalTrust.

Appears in 1 contract

Samples: Agreement and Declaration of Trust (Prudential Tax Managed Equity Fund)

Number, Election and Tenure. The number of Trustees shall initially be one (1), who constituting the Board of Trustees shall be Xxxxxx X. XxXxxxxxxx. After fixed from time to time by a written instrument signed, or by resolution approved at a duly constituted meeting, by a majority of the initial election Board of Trustees, provided, however, that the number of Trustees shall in no event be eleven less than one (111) or such other number as shall, from time to time, be determined by the Trusteesnor more than fifteen (15). Except as described above with respect Subject to the Initial Trusteerequirements of Section 16(a) of the 1940 Act, each the Board of Trustees, by action of a majority of the then acting Trustees at a duly constituted meeting, may fill vacancies in the Board of Trustees or remove Trustees with or without cause. Each Trustee shall serve during the continued term lifetime of the Trust until she or he dies, resigns, is declared bankrupt or incompetent by a court of appropriate jurisdiction, or is removed, or, if sooner, until the next meeting of Shareholders called for the purpose of electing Trustees and until the election and qualification of her or his successor. In the event that less than the majority of the Trustees holding office have been elected by the Shareholders, to the extent required by the 1940 Act, the Trustees then in office shall call a Shareholders' meeting for the election of Trustees. Any Trustee may resign at any time by written instrument signed by her or him and delivered to any officer of the Trust or to the Secretary of any a meeting of the Trustees. Such resignation shall be effective upon receipt unless specified to be effective at some other time. Except to the extent expressly provided in a written agreement with the Trust, no Trustee resigning and no Trustee removed shall have any right to any compensation for any period following her or his resignation or removal, or any right to damages on account of such removal. Any Trustee may be removed with or without cause at any meeting of Shareholders by a vote of two-thirds of the outstanding Shares of the Trust Trust. A meeting of Shareholders for the purpose of electing or removing one or more Trustees may be called (i) by a vote the Trustees upon their own vote, or (ii) upon the demand of two-thirds Shareholders owning 10% or more of the number Shares of Trustees prior to such removalthe Trust in the aggregate.

Appears in 1 contract

Samples: Agreement and Declaration (ETF Series Solutions)

Number, Election and Tenure. The number of Trustees shall initially be one (1), who constituting the Board of Trustees shall be Xxxxxx X. XxXxxxxxxx. After fixed from time to time by a written instrument signed, or by resolution approved at a duly constituted meeting, by a majority of the initial election Board of Trustees, provided, however, that the number of Trustees shall in no event be eleven less than one (111) nor more than fifteen (15). The Board of Trustees, by action of a majority of the then Trustees at a duly constituted meeting, may fill vacancies in the Board of Trustees or such other number as shall, from time to time, be determined by the Trusteesremove Trustees with or without cause. Except as described above with respect to the Initial Trustee, each Each Trustee shall serve during the continued term lifetime of the Trust until he or she or he dies, resigns, is declared bankrupt or incompetent by a court of appropriate jurisdiction, or is removed, or, if sooner, until the next meeting of Shareholders called for the purpose of electing Trustees and until the election and qualification of his or her or his successor. In the event that less than the majority of the Trustees holding office have been elected by the Shareholders, to the extent required by the 1940 Act, the Trustees then in office shall call a Shareholders' meeting for the election of Trustees. Any Trustee may resign at any time by written instrument signed by him or her or him and delivered to any officer of the Trust or to the Secretary of any a meeting of the Trustees. Such resignation shall be effective upon receipt unless specified to be effective at some other time. Except to the extent expressly provided in a written agreement with the Trust, no Trustee resigning and no Trustee removed shall have any right to any compensation for any period following his or her or his resignation or removal, or any right to damages on account of such removal. The Shareholders may fix the number of Trustees and elect Trustees at any meeting of Shareholders called by the Trustees for that purpose. Any Trustee may be removed with or without cause at any meeting of Shareholders by a vote of two-thirds of the outstanding Shares of the Trust Trust. A meeting of Shareholders, for the purpose of electing or removing one or more Trustees may be called (i) by a vote the Trustees upon their own vote, or (ii) upon the demand of two-thirds Shareholders owning (i) 10% or more of the number Shares, of Trustees prior to such removalthe Trust in the aggregate, or (ii) 10% or more of the Shares on a dollar-weighted basis.

Appears in 1 contract

Samples: Montgomery Funds Iii

Number, Election and Tenure. The number of Trustees shall initially be one (1), who constituting the Board of Trustees shall be Xxxxxx X. XxXxxxxxxx. After fixed from time to time by a written instrument signed, or by resolution approved at a duly constituted meeting, by a majority of the initial election Board of Trustees, provided, however, that the number of Trustees shall in no event be eleven less than one (111) or such other number as shall, from time to time, be determined by the Trusteesnor more than fifteen (15). Except as described above with respect Subject to the Initial Trusteerequirements of the 1940 Act, each The Board of Trustees, by action of a majority of the then Trustees at a duly constituted meeting, may fill vacancies in the Board of Trustees or remove Trustees with or without cause. Each Trustee shall serve during the continued term lifetime of the Trust until she or he dies, resigns, is declared bankrupt or incompetent by a court of appropriate jurisdiction, or is removed, or, if sooner, until the next meeting of Shareholders called for the purpose of electing Trustees and until the election and qualification of her or his successor. In the event that less than the majority of the Trustees holding office have been elected by the Shareholders, to the extent required by the 1940 Act, the Trustees then in office shall call a Shareholders' meeting for the election of Trustees. Any Trustee may resign at any time by written instrument signed by her or him and delivered to any officer of the Trust or to the Secretary of any a meeting of the Trustees. Such resignation shall be effective upon receipt unless specified to be effective at some other time. Except to the extent expressly provided in a written agreement with the Trust, no Trustee resigning and no Trustee removed shall have any right to any compensation for any period following her or his resignation or removal, or any right to damages on account of such removal. The Shareholders may fix the number of Trustees and elect Trustees at any meeting of Shareholders called by the Trustees for that purpose. Any Trustee may be removed with or without cause at any meeting of Shareholders by a vote of two-thirds of the outstanding Shares of the Trust Trust. A meeting of Shareholders for the purpose of electing or removing one or more Trustees may be called (i) by a vote the Trustees upon their own vote, or (ii) upon the demand of two-thirds Shareholders owning 10% or more of the number Shares of Trustees prior to such removal.the Trust in the aggregate. Table of Contents - Agreement and Declaration of Trust

Appears in 1 contract

Samples: Agreement and Declaration of Trust (Managed Portfolio Series)

Number, Election and Tenure. The number of Trustees shall initially be one (1), who Initial Trustee shall be Xxxxxx X. XxXxxxxxxxXxxxxx. After the initial election of Trustees, the number of Trustees shall be eleven (11) seven or such other number as shall, from time to time, be determined by the TrusteesTrustees pursuant to Section 4 of this Article IV. Except as described above with respect to the Initial Trustee, each Trustee shall serve during the continued term of the Trust until she or he dies, resigns, is declared bankrupt or incompetent by a court of appropriate jurisdiction, or is removed, or, if sooner, until the next meeting of Shareholders called for the purpose of electing Trustees and until the election and qualification of her or his successor. In the event that less than the majority of the Trustees holding office have been elected by the Shareholders, to the extent required by the 1940 Act, the Trustees then in office shall call a Shareholders' meeting for the election of Trustees. Any Trustee may resign at any time by written instrument signed by her or him and delivered to any officer of the Trust or to the Secretary secretary of any meeting of the Trustees. Such resignation shall be effective upon receipt unless specified to be effective at some other time. Except to the extent expressly provided in a written agreement with the Trust, no Trustee resigning and no Trustee removed shall have any right to any compensation for any period following her or his resignation or removal, or any right to damages on account of such removal. The Shareholders may elect Trustees at any meeting of Shareholders called by the Trustees for that purpose. Any Trustee may be removed with or without cause at any meeting of Shareholders by a majority vote of two-thirds of the outstanding Shares of the Trust or by a vote of two-thirds of Trust, as defined in the number of Trustees prior to such removal1940 Act.

Appears in 1 contract

Samples: Agreement (Clarion Investment Trust)

Number, Election and Tenure. The number of Trustees shall initially be one (1), who Initial Trustee shall be Xxxxxx X. XxXxxxxxxxReaz Islam. After the initial election ixxxxxx xxxction of Trustees, the number of Trustees shall be eleven (11) three or such other number as shall, from time to time, be determined by the TrusteesTrustees pursuant to Section 4 of this Article IV. Except as described above with respect to the Initial Trustee, each Trustee shall serve during the continued term of the Trust until she or he dies, resigns, is declared bankrupt or incompetent by a court of appropriate jurisdiction, or is removed, or, if sooner, until the next meeting of Shareholders called for the purpose of electing Trustees and until the election and qualification of her or his successor. In the event that less than the majority of the Trustees holding office have been elected by the Shareholders, to the extent required by the 1940 Act, the Trustees then in office shall call a Shareholders' Shareholders meeting for the election of Trustees. Any Trustee may resign at any time by written instrument signed by her or him and delivered to any officer of the Trust or to the Secretary secretary of any meeting of the Trustees. Such resignation shall be effective upon receipt unless specified to be effective at some other time. Except to the extent expressly provided in a written agreement with the Trust, no Trustee resigning and no Trustee removed shall have any right to any compensation for any period following her or his resignation or removal, or any right to damages on account of such removal. The Shareholders may elect Trustees at any meeting of Shareholders called by the Trustees for that purpose. Any Trustee may be removed with or without cause at any meeting of Shareholders by a majority vote of two-thirds of the outstanding Shares of the Trust or Trust, as defined in the 1940 Act, or, if by written consent, a vote of Shareholders holding at least two-thirds (2/3) of the total number of Trustees prior votes eligible to such removalbe cast by all Shareholders.

Appears in 1 contract

Samples: Agreement and Declaration (Citigroup Alternative Investments Trust)

Number, Election and Tenure. The number of Trustees shall initially be one (1), who Initial Trustee shall be Xxxxxx X. XxXxxxxxxxXxxxx Xxxxxx. After the initial election of Trustees, the number of Trustees shall be eleven (11) nine or such other number as shall, from time to time, be determined by the TrusteesTrustees pursuant to Section 4 of this Article IV. Except as described above with respect to the Initial Trustee, each Trustee shall serve during the continued term of the Trust until she or he dies, resigns, is declared bankrupt or incompetent by a court of appropriate jurisdiction, or is removed, or, if sooner, until the next meeting of Shareholders called for the purpose of electing Trustees and until the election and qualification of her or his successor. In the event that less than the majority of the Trustees holding office have been elected by the Shareholders, to the extent required by the 1940 Act, the Trustees then in office shall call a Shareholders' Shareholders meeting for the election of Trustees. Any Trustee may resign at any time by written instrument signed by her or him and delivered to any officer of the Trust or to the Secretary secretary of any meeting of the Trustees. Such resignation shall be effective upon receipt unless specified to be effective at some other time. Except to the extent expressly provided in a written agreement with the Trust, no Trustee resigning and no Trustee removed shall have any right to any compensation for any period following her or his resignation or removal, or any right to damages on account of such removal. The Shareholders may elect Trustees at any meeting of Shareholders called by the Trustees for that purpose. Any Trustee may be removed with or without cause at any meeting of Shareholders by a majority vote of two-thirds of the outstanding Shares of the Trust or by a vote of two-thirds of Trust, as defined in the number of Trustees prior to such removal1940 Act.

Appears in 1 contract

Samples: Agreement and Declaration (First Eagle Overseas Variable Fund)

Number, Election and Tenure. The number of Trustees shall initially be one (1), who shall be Xxxxxx X. XxXxxxxxxx. After the initial election of Trustees, the number of Trustees shall be eleven (11) or such other number as shall, from time to time, be determined by the Trustees. Except as described above with respect to the Initial Trustee, each Trustee shall serve during the continued term of the Trust until she or he dies, resigns, is declared incompetent by a court of appropriate jurisdiction, or is removed, or, if sooner, until the next meeting of Shareholders called for the purpose of electing Trustees and until the election and qualification of her or his successor. In the event that less than the majority of the Trustees holding office have been elected by the Shareholders, to the extent required by the 1940 Act, the Trustees then in office shall call a Shareholders' ’ meeting for the election of Trustees. Any Trustee may resign at any time by written instrument signed by her or him and delivered to any officer of the Trust or to the Secretary of any meeting of the Trustees. Such resignation shall be effective upon receipt unless specified to be effective at some other time. Except to the extent expressly provided in a written agreement with the Trust, no Trustee resigning and no Trustee removed shall have any right to any compensation for any period following her or his resignation or removal, or any right to damages on account of such removal. Any Trustee may be removed with or without cause at any meeting of Shareholders by a vote of two-thirds of the outstanding Shares of the Trust or by a vote of two-thirds of the number of Trustees prior to such removal.

Appears in 1 contract

Samples: Agreement and Declaration of Trust (Phoenix Equity Series Fund)

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