Ownership of Assets of the Trust. The assets of the Trust and of each Series shall be held separate and apart from any assets now or hereafter held in any capacity other than as Trustee hereunder by the Trustees or any successor Trustees. Legal title in and beneficial ownership of all of the assets of the Trust and the right to conduct any business shall at all times be considered as vested in the Trustees on behalf of the Trust, except that the Trustees may cause legal title to any Trust Property to be held by, or in the name of, the Trust, or in the name of any person as nominee. No Shareholder shall be deemed to have a severable ownership in any individual asset of the Trust or of any Series or any right of partition or possession thereof, but each Shareholder shall have, except as otherwise provided for herein, a proportionate undivided beneficial interest in the Trust or Series. The Shares shall be personal property giving only the rights specifically set forth in this Trust Instrument. The Trust, or at the determination of the Trustees one or more of the Trustees or a nominee acting for and on behalf of the Trust, shall be deemed to hold legal title and beneficial ownership of any income earned on securities of the Trust issued by any business entities formed, organized, or existing under the laws of any jurisdiction, including the laws of any foreign country. Upon the resignation or removal of a Trustee, or his otherwise ceasing to be a Trustee, he or she shall execute and deliver such documents as the remaining Trustees shall require for the purpose of conveying to the Trust or the remaining Trustees any Trust Property held in the name of the resigning or removed Trustee. Upon the incapacity or death of any Trustee, his legal representative shall execute and deliver on his behalf such documents as the remaining Trustees shall require as provided in the preceding sentence.
Appears in 7 contracts
Samples: Trust Agreement (iShares U.S. ETF Trust), Trust Agreement (iShares U.S. ETF Trust), Agreement and Declaration of Trust (Ishares Trust)
Ownership of Assets of the Trust. The assets of the Trust and of each Series shall be held separate and apart from any assets now or hereafter held in any capacity other than as Trustee hereunder by the Trustees or any successor Trustees. Legal title in and beneficial ownership of all of the assets of the Trust and the right to conduct any business shall at all times be considered as vested in the Trustees on behalf of the Trust, except that the Trustees may cause legal title to any Trust Property to be held by, or in the name of, any other Person as nominee on such terms as the Trust, or in the name of any person as nomineeTrustees may determine. No Shareholder shall be deemed to have a severable ownership in any individual asset of the Trust or of any Series or any right of partition or possession thereof, but each Shareholder shall have, except as otherwise provided for herein, a proportionate undivided beneficial interest in the Trust or Series. The Shares shall be personal property giving only the rights specifically set forth in this Trust Instrument. The Trust, or at the determination of the Trustees one or more of the Trustees or a nominee acting for and on behalf of the Trust, shall be deemed to hold legal title and beneficial ownership of any income earned on securities of the Trust issued by any business entities formed, organized, or existing under the laws of any jurisdiction, including the laws of any foreign country. Upon the resignation or removal of a Trustee, or his or her otherwise ceasing to be a Trustee, he or she shall execute and deliver such documents as the remaining Trustees shall require for the purpose of conveying to the Trust or the remaining Trustees any Trust Property held in the name of the resigning or removed Trustee. Upon the incapacity or death of any Trustee, his or her legal representative shall execute and deliver on his or her behalf such documents as the remaining Trustees shall require as provided in the preceding sentence.
Appears in 6 contracts
Samples: Agreement and Declaration of Trust (TCW ETF Trust), Agreement and Declaration of Trust (BlackRock ETF Trust II), Agreement and Declaration of Trust (Engine No. 1 ETF Trust)
Ownership of Assets of the Trust. The assets of the Trust and of each Series shall be held separate and apart from any assets now or hereafter held in any capacity other than as Trustee hereunder by the Trustees or any successor Trustees. Legal title in and beneficial ownership of all of the assets of the Trust and the right to conduct any business Property shall at all times be considered as vested in the Trustees on behalf of the Trust, except that the Trustees may cause legal title to in and beneficial ownership of any Trust Property to be held by, or in the name of, of one or more of the Trustees acting for and on behalf of the Trust, or in the name of any person as nomineenominee for and on behalf of the Trust. No Shareholder The right, title and interest of the Trustees in Trust Property shall be deemed vest automatically in each person who may hereafter become a Trustee upon his appointment and qualification. Upon the ceasing of any persons as Trustee for any reason, such person shall automatically cease to have a severable ownership any right, title or interest in any individual asset Trust Property, and the right, title and interest of the Trust or of any Series or any right of partition or possession thereof, but each Shareholder shall have, except as otherwise provided for herein, a proportionate undivided beneficial interest such Trustee in the Trust or SeriesProperty shall vest automatically in the remaining Trustees. The Shares Such vesting and cessation of title shall be personal property giving only the rights specifically set forth in this Trust Instrumenteffective whether or not conveyancing documents have been executed and delivered. The Trust, or at the determination of the Trustees Trustees, one or more of the Trustees or a nominee acting for and on behalf of the Trust, shall be deemed to hold legal title and beneficial ownership of any income earned on securities property of the Trust issued by any business entities formed, organized, or existing under the laws of any jurisdiction, including the laws of any foreign country. Upon the resignation or removal No Shareholder shall be deemed to have a severable ownership interest in any individual asset of a Trustee, or his otherwise ceasing to be a Trustee, he or she shall execute and deliver such documents as the remaining Trustees shall require for the purpose of conveying to the Trust or any Series or Class, or any right of partition or possession thereof, but each Shareholder shall have, except as otherwise provided for herein, a proportionate undivided beneficial interest in each Series or Class the remaining Trustees any Trust Property held Shares of which are owned by such Shareholder. Shares shall be personal property giving only the rights specifically set forth in the name of the resigning or removed Trustee. Upon the incapacity or death of any Trustee, his legal representative shall execute and deliver on his behalf such documents as the remaining Trustees shall require as provided in the preceding sentencethis Declaration.
Appears in 4 contracts
Samples: Agreement and Declaration of Trust (Forum CRE Income Fund), Agreement and Declaration of Trust (VII Peaks Co-Optivist Income Fund), Agreement and Declaration of Trust (Cross Shore Discovery Fund)
Ownership of Assets of the Trust. The assets of the Trust and of each Series shall be held separate and apart from any assets now or hereafter held in any capacity other than as Trustee hereunder by the Trustees or any successor Trustees. Legal title in and beneficial ownership of all of the assets of the Trust and the right to conduct any business shall at all times be considered as vested in the Trustees on behalf of the TrustTrustees, except that the Trustees may cause legal title to in and beneficial ownership of any Trust Property to be held by, or in the name of, of one or more of the Trustees acting for and on behalf of the Trust, or in the name of any person as nomineenominee acting for and on behalf of the Trust. No Shareholder shall be deemed to have a severable ownership interest in any individual asset of the Trust or of any Series Class, or any right of partition or possession thereof, but each Shareholder shall have, except as otherwise provided for herein, a proportionate undivided beneficial interest in each Class the Trust or SeriesShares of which are owned by such Shareholder. The Shares shall be personal property giving only the rights specifically set forth in this Trust InstrumentDeclaration of Trust. The Trust, or at the determination of the Trustees Trustees, one or more of the Trustees or a nominee acting for and on behalf of the Trust, shall be deemed to hold legal title and beneficial ownership of any income earned on securities of the Trust issued by any business entities formed, organized, or existing under the laws of any jurisdiction, including the laws of any foreign country. Upon the resignation or removal of a Trustee, or his otherwise ceasing to be a Trustee, he or she shall execute and deliver such documents as the remaining Trustees shall require for the purpose of conveying to the Trust or the remaining Trustees any Trust Property held in the name of the resigning or removed Trustee. Upon the incapacity or death of any Trustee, his legal representative shall execute and deliver on his behalf such documents as the remaining Trustees shall require as provided in the preceding sentence.
Appears in 3 contracts
Samples: Trust Agreement (Principal Private Credit Fund I), Agreement and Declaration of Trust (Principal Real Asset Fund), Trust Agreement (Principal Diversified Select Real Asset Fund)
Ownership of Assets of the Trust. The assets of the Trust and of each Series shall be held separate and apart from any assets now or hereafter held in any capacity other than as Trustee hereunder by the Trustees or any successor Trustees. Legal title in and beneficial ownership of all of the assets of the Trust and the right to conduct any business Property shall at all times be considered as vested in the Trustees on behalf of the Trust, except that the Trustees may cause legal title to in and beneficial ownership of any Trust Property to be held by, or in the name of, of one or more of the Trustees acting for and on behalf of the Trust, or in the name of any person as nomineenominee for and on behalf of the Trust. No Shareholder The right, title and interest of the Trustees in Trust Property shall be deemed vest automatically in each person who may hereafter become a Trustee upon his appointment and qualification. Upon the ceasing of any persons as Trustee for any reason, such person shall automatically cease to have a severable ownership any right, title or interest in any individual asset Trust Property, and the right, title and interest of the Trust or of any Series or any right of partition or possession thereof, but each Shareholder shall have, except as otherwise provided for herein, a proportionate undivided beneficial interest such Trustee in the Trust or SeriesProperty shall vest automatically in the remaining Trustees. The Shares Such vesting and cessation of title shall be personal property giving only the rights specifically set forth in this Trust Instrumenteffective whether or not conveyancing documents have been executed and delivered. The Trust, or at the determination of the Trustees Trustees, one or more of the Trustees or a nominee acting for and on behalf of the Trust, shall be deemed to hold legal title and beneficial ownership of any income earned on securities property of the Trust issued by any business entities formed, organized, or existing under the laws of any jurisdiction, including the laws of any foreign country. Upon the resignation or removal No Shareholder shall be deemed to have a severable ownership interest in any individual asset of a Trustee, or his otherwise ceasing to be a Trustee, he or she shall execute and deliver such documents as the remaining Trustees shall require for the purpose of conveying to the Trust or Class, or any right of partition or possession thereof, but each Shareholder shall have, except as otherwise provided for herein, a proportionate undivided beneficial interest in each Class of Shares which are owned by such Shareholder. Shares shall be personal property giving only the remaining Trustees any Trust Property held rights specifically set forth in the name of the resigning or removed Trustee. Upon the incapacity or death of any Trustee, his legal representative shall execute and deliver on his behalf such documents as the remaining Trustees shall require as provided in the preceding sentencethis Declaration.
Appears in 2 contracts
Samples: Agreement and Declaration of Trust (Alti Private Equity Access & Commitments Fund), Trust Agreement (Peachtree Alternative Strategies Fund)
Ownership of Assets of the Trust. The assets of the Trust and of each Series shall be held separate and apart from any assets now or hereafter held in any capacity other than as Trustee hereunder by the Trustees or any successor Trustees. Legal title in and beneficial ownership of all of the assets of the Trust and the right to conduct any business shall at all times be considered as vested in the Trustees on behalf of the Trust, except that the Trustees may cause legal title to any Trust Property to be held by, or in the name of, the Trust, or in the name of any person as nomineenominee (including a Custodian). No Shareholder shall be deemed to have a severable ownership in any individual asset of the Trust or of any Series or any right of partition or possession thereof, but each Shareholder shall have, except as otherwise provided for herein, a proportionate undivided beneficial interest in the Trust or Series. The Shares shall be personal property giving only the rights specifically set forth in this Trust Instrument. The Trust, or at the determination of the Trustees one or more of the Trustees or a nominee acting for and on behalf of the Trust, shall be deemed to hold legal title and beneficial ownership of any income earned on securities of the Trust issued by any business entities formed, organized, or existing under the laws of any jurisdiction, including the laws of any foreign country. Upon the resignation or removal of a Trustee, or his otherwise ceasing to be a Trustee, he shall automatically cease to have any right, title or she interest in any of the Trust property, and the right, title and interest of such Trustee in the Trust property shall execute and deliver such documents as vest automatically in the remaining Trustees Trustees. To the extent permitted by law, such vesting and cessation of title shall require for the purpose of be effective whether or not conveying to the Trust or the remaining Trustees any Trust Property held in the name of the resigning or removed Trusteedocuments have been executed and delivered. Upon the incapacity or death of any Trustee, his legal representative shall execute and deliver on his behalf such documents as the remaining Trustees shall require as provided in the preceding sentence.
Appears in 2 contracts
Samples: Agreement and Declaration of Trust (Us Global Investors Funds), Agreement and Declaration of Trust (AdvisorShares Trust)
Ownership of Assets of the Trust. The assets of the Trust and of each Series shall be held separate and apart from any assets now or hereafter held in any capacity other than as Trustee hereunder by the Trustees or any successor Trustees. Legal title in and beneficial ownership of all of the assets of the Trust and the right to conduct any business Property shall at all times be considered as vested in the Trustees on behalf of the Trust, except that the Trustees may cause legal title to in and beneficial ownership of any Trust Property to be held by, or in the name of, of one or more of the Trustees acting for and on behalf of the Trust, or in the name of any person as nomineenominee for and on behalf of the Trust. No Shareholder The right, title and interest of the Trustees in Trust Property shall be deemed vest automatically in each person who may hereafter become a Trustee upon his appointment and qualification. Upon the ceasing of any persons as Trustee for any reason, such person shall automatically cease to have a severable ownership any right, title or interest in any individual asset Trust Property, and the right, title and interest of the Trust or of any Series or any right of partition or possession thereof, but each Shareholder shall have, except as otherwise provided for herein, a proportionate undivided beneficial interest such Trustee in the Trust or SeriesProperty shall vest automatically in the remaining Trustees. The Shares Such vesting and cessation of title shall be personal property giving only the rights specifically set forth in this Trust Instrumenteffective whether or not conveyancing documents have been executed and delivered. The Trust, or at the determination of the Trustees Trustees, one or more of the Trustees or a nominee acting for and on behalf of the Trust, shall be deemed to hold legal title and beneficial ownership of any income earned on securities property of the Trust issued by any business entities formed, organized, or existing under the laws of any jurisdiction, including the laws of any foreign country. Upon the resignation or removal No Shareholder shall be deemed to have a severable ownership interest in any individual asset of a Trustee, or his otherwise ceasing to be a Trustee, he or she shall execute and deliver such documents as the remaining Trustees shall require for the purpose of conveying to the Trust or Class, or any right of partition or possession thereof, but each Shareholder shall have, except as otherwise provided for herein, a proportionate undivided beneficial interest in each Class of Shares of which are owned by such Shareholder. Shares shall be personal property giving only the remaining Trustees any Trust Property held rights specifically set forth in the name of the resigning or removed Trustee. Upon the incapacity or death of any Trustee, his legal representative shall execute and deliver on his behalf such documents as the remaining Trustees shall require as provided in the preceding sentencethis Declaration.
Appears in 2 contracts
Samples: Amended and Restated Agreement and Declaration of Trust (ABS Global Equity Long/Short RIC), Agreement and Declaration of Trust (ABS Global Equity Long/Short RIC)
Ownership of Assets of the Trust. The assets of the Trust and of ------------ -------------------------------- each Series shall be held separate and apart from any assets now or hereafter held in any capacity other than as Trustee hereunder by the Trustees or any successor Trustees. Legal title in and beneficial ownership of all of the assets of the Trust and the right to conduct any business shall at all times be considered as vested in the Trustees on behalf of the Trust, except that the Trustees may cause legal title to any Trust Property to be held by, or in the name of, the Trust, or in the name of any person as nominee. No Shareholder shall be deemed to have a severable ownership in any individual asset of the Trust or of any Series or any right of partition or possession thereof, but each Shareholder shall have, except as otherwise provided for herein, a proportionate undivided beneficial interest in the Trust or Series. The Shares shall be personal property giving only the rights specifically set forth in this Trust Instrument. The Trust, or at the determination of the Trustees one or more of the Trustees or a nominee acting for and on behalf of the Trust, shall be deemed to hold legal title and beneficial ownership of any income earned on securities of the Trust issued by any business entities formed, organized, or existing under the laws of any jurisdiction, including the laws of any foreign country. Upon the resignation or removal of a Trustee, or his otherwise ceasing to be a Trustee, he or she shall execute and deliver such documents as the remaining Trustees shall require for the purpose of conveying to the Trust or the remaining Trustees any Trust Property held in the name of the resigning or removed Trustee. Upon the incapacity or death of any Trustee, his legal representative shall execute and deliver on his behalf such documents as the remaining Trustees shall require as provided in the preceding sentence.
Appears in 2 contracts
Samples: Trust Agreement (Ishares Trust), Trust Agreement (Ishares Trust)
Ownership of Assets of the Trust. The assets of the Trust and of each Series shall be held separate and apart from any assets now or hereafter held in any capacity other than as Trustee hereunder by the Trustees or any successor Trustees. Legal title in and beneficial -------------------------------- ownership of all of the assets of the Trust and the right to conduct any business shall at all times be considered as vested in the Trustees on behalf of the Trust, except that the Trustees may cause legal title to in and beneficial ownership of any Trust Property to be held by, or in the name of, of one or more of the Trustees acting for and on behalf of the Trust, or in the name of any person as nomineenominee acting for and on behalf of the Trust. No Shareholder shall be deemed to have a severable ownership interest in any individual asset of the Trust or of any Series or Class, or any right of partition or possession thereof, but each Shareholder shall have, except as otherwise provided for herein, a proportionate undivided beneficial interest in each Series or Class the Trust or SeriesShares of which are owned by such Shareholders. The Shares shall be personal property giving only the rights specifically set forth in this Trust Instrument. The Trust, or at the determination of the Trustees Trustees, one or more of the Trustees or a nominee acting for and on behalf of the Trust, shall be deemed to hold legal title and beneficial ownership of any income earned on securities of the Trust issued by any business entities formed, organized, or existing under the laws of any jurisdiction, including the laws of any foreign country. Upon the resignation or removal of a Trustee, or his otherwise ceasing to be a Trustee, he or she shall execute and deliver such documents as the remaining Trustees shall require for the purpose of conveying to the Trust or the remaining Trustees any Trust Property held in the name of the resigning or removed Trustee. Upon the incapacity or death of any Trustee, his legal representative shall execute and deliver on his behalf such documents as the remaining Trustees shall require as provided in the preceding sentence.
Appears in 1 contract
Samples: Provident Institutional Funds Agreement and Declaration of Trust (Temporary Investment Fund Inc)
Ownership of Assets of the Trust. The assets of the Trust and of each Series shall be held separate and apart from any assets now or hereafter held in any capacity other than as Trustee hereunder by the Trustees or any successor Trustees. Legal title in and beneficial ownership of all of the assets of the Trust and the right to conduct any business shall at all times be considered as vested in the Trustees on behalf of the Trust, except that the Trustees may cause legal title to any Trust Property to be held by, or in the name of, the Trust, or in the name of any person as nominee. No Shareholder shall be deemed to have a severable ownership in any individual asset of the Trust or of any Series or any right of partition or possession thereof, but each Shareholder shall have, except as otherwise provided for herein, a proportionate undivided beneficial interest in the Trust or Series. The Shares shall be personal property giving only the rights specifically set forth in this Trust Instrument. The Trust, or at the determination of the Trustees one or more of the Trustees or a nominee acting for and on behalf of the Trust, shall be deemed to hold legal title and beneficial ownership of any income earned on securities of the Trust issued by any business entities formed, organized, or existing under the laws of any jurisdiction, including the laws of any foreign country. Upon the resignation or removal of a Trustee, or his otherwise ceasing to be a Trustee, he or she shall execute and deliver such documents as the remaining Trustees shall require for the purpose of conveying to the Trust or the remaining Trustees any Trust Property held in the name of the resigning or removed Trustee. Upon the incapacity or death of any Trustee, his legal representative shall execute and deliver on his behalf such documents as the remaining Trustees shall require as provided in the preceding sentence.
Appears in 1 contract
Samples: Trust Agreement (Rydex Etf Trust)
Ownership of Assets of the Trust. The assets of the Trust and of each Series shall be held separate and apart from any assets now or hereafter held in any capacity other than as Trustee hereunder by the Trustees or any successor Trustees. Legal title in and beneficial ownership of all of the assets of the Trust and the right to conduct any business shall at all times be considered as vested in the Trustees on behalf of the Trust, except that the Trustees may cause legal title to any Trust Property to be held by, or in the name of, any other Person as nominee on such terms as the Trust, or in the name of any person as nomineeTrustees may determine. No Shareholder shall be deemed to have a severable ownership in any individual asset of the Trust or of any Series or any right of partition or possession thereof, but each Shareholder shall have, except as otherwise provided for herein, a proportionate undivided beneficial interest in the Trust or Series. The Shares shall be personal property giving only the rights specifically set forth in this Trust InstrumentAgreement. The Trust, or at the determination of the Trustees one or more of the Trustees or a nominee acting for and on behalf of the Trust, shall be deemed to hold legal title and beneficial ownership of any income earned on securities of the Trust issued by any business entities formed, organized, or existing under the laws of any jurisdiction, including the laws of any foreign country. Upon the resignation or removal of a Trustee, or his or her otherwise ceasing to be a Trustee, he or she shall execute and deliver such documents as the remaining Trustees shall require for the purpose of conveying to the Trust or the remaining Trustees any Trust Property held in the name of the resigning or removed Trustee. Upon the incapacity or death of any Trustee, his or her legal representative shall execute and deliver on his or her behalf such documents as the remaining Trustees shall require as provided in the preceding sentence.
Appears in 1 contract
Ownership of Assets of the Trust. The assets of the Trust and of each Series shall be held separate and apart from any assets now or hereafter held in any capacity other than as Trustee hereunder by the Trustees or any successor Trustees. Legal title in and beneficial ownership of all of the assets of the Trust and the right to conduct any business shall at all times be considered as vested in the Trustees on behalf of the TrustTrustees, except that the Trustees may cause legal title to in and beneficial ownership of any Trust Property to be held by, or in the name of, of one or more of the Trustees acting for and on behalf of the Trust, or in the name of any person as nomineenominee acting for and on behalf of the Trust. No Shareholder shall be deemed to have a severable ownership interest in any individual asset of the Trust or of any Series or Class, or any right of partition or possession thereof, but each Shareholder shall have, except as otherwise provided for herein, a proportionate undivided beneficial interest in each Series or Class the Trust or SeriesShares of which are owned by such Shareholder. The Shares shall be personal property giving only the rights specifically set forth in this Trust InstrumentDeclaration of Trust. The Trust, or at the determination of the Trustees Trustees, one or more of the Trustees or a nominee acting for and on behalf of the Trust, shall be deemed to hold legal title and beneficial ownership of any income earned on securities of the Trust issued by any business entities formed, organized, or existing under the laws of any jurisdiction, including the laws of any foreign country. Upon the resignation or removal of a Trustee, or his otherwise ceasing to be a Trustee, he or she shall execute and deliver such documents as the remaining Trustees shall require for the purpose of conveying to the Trust or the remaining Trustees any Trust Property held in the name of the resigning or removed Trustee. Upon the incapacity or death of any Trustee, his legal representative shall execute and deliver on his behalf such documents as the remaining Trustees shall require as provided in the preceding sentence.
Appears in 1 contract
Ownership of Assets of the Trust. The assets of the Trust and of each Series shall be held separate and apart from any assets now or hereafter held in any capacity other than as Trustee hereunder by the Trustees or any successor Trustees. Legal title in and beneficial ownership of all of the assets of the Trust and the right to conduct any business shall at all times be considered as vested in the Trustees on behalf of the Trust, except that the Trustees may cause legal title to in and beneficial ownership of any Trust Property to be held by, or in the name of, of one or more of the Trustees acting for and on behalf of the Trust, or in the name of any person as nomineenominee acting for and on behalf of the Trust. No Shareholder shall be deemed to have a severable ownership interest in any individual asset of the Trust or of any Series Trust, or any right of partition or possession thereof, but each Shareholder shall have, except as otherwise provided for herein, a proportionate undivided beneficial interest in the Trust or SeriesTrust. The Shares shall be personal property giving only the rights specifically set forth in this Trust Instrument. The Trust, or at the determination of the Trustees Trustees, one or more of the Trustees or a nominee acting for and on behalf of the Trust, shall be deemed to hold legal title and beneficial ownership of any income earned on securities or other assets of the Trust issued by any business entities formed, organized, or existing under the laws of any jurisdiction, including the laws of any foreign country. Upon the resignation or removal ceasing of a Trustee, or his otherwise ceasing any person to be a TrusteeTrustee for any reason, he such person shall automatically cease to have any right, title or she interest in any of the Trust Property, and the right, title and interest of such Trustee in the Trust Property shall execute and deliver such documents as vest automatically in the remaining Trustees Trustees. Such vesting and cessation of title shall require for the purpose of conveying to the Trust be effective whether or the remaining Trustees any Trust Property held in the name of the resigning or removed Trustee. Upon the incapacity or death of any Trustee, his legal representative shall execute not conveyancing documents have been executed and deliver on his behalf such documents as the remaining Trustees shall require as provided in the preceding sentencedelivered.
Appears in 1 contract
Samples: Trust Agreement (Rockefeller Municipal Opportunities Fund)