Common use of Power of Board of Trustees to Change Provisions Relating to Shares Clause in Contracts

Power of Board of Trustees to Change Provisions Relating to Shares. Notwithstanding any other provisions of this Declaration and without limiting the power of the Board of Trustees to amend the Declaration as provided elsewhere herein, the Board of Trustees shall have the power to amend this Declaration, at any time and from time to time, in such manner as the Board of Trustees may determine in its sole discretion, without the need for Shareholder action, so as to add, delete, replace or otherwise modify any provisions relating to the Shares contained in this Declaration, provided that before adopting any such amendment without Shareholder approval the Board of Trustees shall determine that it is consistent with the fair and equitable treatment of all Shareholders or that Shareholder approval is not otherwise required by the 1940 Act or other applicable law. If Shares have been issued, Shareholder approval shall be required to adopt any amendments to this Declaration which would adversely affect to a material degree the rights and preferences of the Shares of any Series (or class) or to increase or decrease the par value of the Shares of any Series (or class). Subject to this Section 5, the Board of Trustees may amend the Declaration of Trust to amend any of the provisions set forth in paragraphs (a) through (i) of Section 6 of this Article III.

Power of Board of Trustees to Change Provisions Relating to Shares. Notwithstanding any other provisions of this Declaration of Trust and without limiting the power of the Board of Trustees to amend the Declaration of Trust as provided elsewhere herein, the Board of Trustees shall have the power to amend this DeclarationDeclaration of Trust, at any time and from time to time, in such manner as the Board of Trustees may determine in its their sole discretion, without the need for Shareholder action, so as to addadd to, delete, replace or otherwise modify any provisions relating to the Shares contained in this DeclarationDeclaration of Trust, provided that before adopting any such amendment without Shareholder approval the Board of Trustees shall determine that it is consistent with the fair and equitable treatment of all Shareholders or that Shareholder approval is not otherwise required by the 1940 Act or other applicable law. If Shares have been issued, Shareholder approval shall be required to adopt any amendments to this Declaration of Trust which would adversely affect to a material degree the rights and preferences of the Shares of any Series (or class) or to increase or decrease the par value of the Shares of any Series (or class). Subject to this Section 5the foregoing Paragraph, the Board of Trustees may amend the Declaration of Trust to amend any of the provisions set forth in paragraphs (a) through (i) of Section 6 of this Article III.

Power of Board of Trustees to Change Provisions Relating to Shares. Notwithstanding any other provisions provision of this Declaration of Trust and without limiting the power of the Board of Trustees to amend the Declaration of Trust as provided elsewhere herein, the Board of Trustees shall have the power to amend this DeclarationDeclaration of Trust, at any time and from time to time, in such manner as the Board of Trustees may determine in its their sole discretion, without the need for Shareholder action, so as to addadd to, delete, replace or otherwise modify any provisions relating to the Shares contained in this DeclarationDeclaration of Trust, provided that before adopting any such amendment without Shareholder approval the Board of Trustees shall determine that it is consistent with the fair and equitable treatment of all Shareholders or that Shareholder approval is not otherwise required by the 1940 Act or other applicable law. If Shares have been issued, Shareholder approval shall be required to adopt any amendments to this Declaration of Trust which would adversely affect to a material degree the rights and preferences of the Shares of any Series (or class) or to increase or decrease the par value of the Shares of any Series (or class). Subject to this Section 5the foregoing Paragraph, the Board of Trustees may amend the Declaration of Trust to amend any of the provisions set forth in paragraphs (a) through (i) of Section 6 of this Article III.

Power of Board of Trustees to Change Provisions Relating to Shares. Notwithstanding any other provisions of this Declaration of Trust and without limiting the power of the Board of Trustees to amend the Declaration of Trust as provided elsewhere herein, the Board of Trustees shall have the power to amend this DeclarationDeclaration of Trust, at any time and from time to time, in such manner as the Board of Trustees may determine in its their sole discretion, without the need for Shareholder action, so as to addadd to, delete, replace or otherwise modify any provisions relating to the Shares contained in this DeclarationDeclaration of Trust, provided that before adopting any such amendment without Shareholder approval the Board of Trustees shall determine that it is consistent with the fair and equitable treatment of all Shareholders or that Shareholder approval is not otherwise required by the 1940 Act or other applicable law. If if Shares have been issued, Shareholder approval shall be required to adopt any amendments to this Declaration of Trust which would adversely affect to a material degree the rights and preferences of the Shares of any Series (or class) or to increase or decrease the par value of the Shares of any Series (or class). Subject to this Section 5the foregoing Paragraph, the Board of Trustees may amend the Declaration of Trust to amend any of the provisions set forth in paragraphs (a) through (i) of Section 6 of this Article III.

Power of Board of Trustees to Change Provisions Relating to Shares. Notwithstanding any other provisions provision of this Declaration of Trust and without limiting the power of the Board of Trustees to amend the Declaration of Trust as provided elsewhere herein, the Board of Trustees shall have the power to amend this DeclarationDeclaration of Trust, at any time and from time to time, in such manner as the Board of Trustees may determine in its their sole discretion, without the need for Shareholder action, so as to addadd to, delete, replace or otherwise modify any provisions relating to the Shares contained in this DeclarationDeclaration of Trust, provided that before adopting any such amendment without Shareholder approval the Board of Trustees shall determine that it is consistent with the fair and equitable treatment of all Shareholders or that Shareholder approval is not otherwise required by the 1940 Investment Company Act or other applicable law. If Shares have been issued, Shareholder approval shall be required to adopt any amendments to this Declaration which of Trust that would adversely affect to a material degree the rights and preferences of the Shares of any Series (or class) Class of any Series or to increase or decrease the par value of the Shares of any Series (or class)Class of any Series. Subject to this Section 5the foregoing Paragraph, the Board of Trustees may amend the this Declaration of Trust to amend any of the provisions set forth in paragraphs (a) through (i) of Section 6 of this Article III.

Power of Board of Trustees to Change Provisions Relating to Shares. Notwithstanding any other provisions of this Declaration of Trust and without limiting the power of the Board of Trustees to amend the Declaration of Trust as provided elsewhere herein, the Board of Trustees shall have the power to amend this DeclarationDeclaration of Trust, at any time and from time to time, in such manner as the Board of Trustees may determine in its their sole discretion, without the need for Shareholder action, so as to addadd to, delete, replace or otherwise modify any provisions relating to the Shares contained in this DeclarationDeclaration of Trust including, without limitation, the power to establish separate classes of shares within any Series and determine the relative rights and preferences of any such class, provided that before adopting the creation of separate classes within any such amendment without Shareholder approval the Board Series comports with applicable requirements of Trustees shall determine that it is consistent with the fair and equitable treatment of all Shareholders or that Shareholder approval is not otherwise required by the 1940 Act or and other applicable law. If Shares have been issued, Shareholder approval shall be required to adopt any amendments to this Declaration of Trust which would adversely affect to a material degree the rights and preferences of the Shares of any Series (or class) or to increase or decrease the par value of the Shares of any Series (or class)Series. Subject to this Section 5the foregoing Paragraph, the Board of Trustees may amend the Declaration of Trust to amend any of the provisions set forth in paragraphs (a) through (i) of Section 6 of this Article III.

Power of Board of Trustees to Change Provisions Relating to Shares. Notwithstanding any other provisions provision of this Declaration of Trust and without limiting the amendatory power of the Board of Trustees to amend the Declaration as provided elsewhere hereinTrustees, the Board of Trustees shall have the power to amend this DeclarationDeclaration of Trust, at any time and from time to time, in such manner as the Board of Trustees may determine in its their sole discretion, without the need for Shareholder action, so as to addadd to, delete, replace or otherwise modify any provisions provision contained in this Declaration of Trust relating to the Shares contained in this DeclarationShares, provided that before adopting any such amendment without Shareholder approval the Board of Trustees shall determine that it is consistent with the fair and equitable treatment of all Shareholders or that Shareholder approval is not otherwise required by the 1940 Investment Company Act or other applicable law. If Shares have been issued, Shareholder approval shall be required to adopt any amendments to this Declaration which of Trust that would adversely affect to a material degree the rights and preferences of the Shares of any Series (or class) Class of any Series or to increase or decrease the par value of the Shares of any Series (or class)Class of any Series. Subject to this Section 5the foregoing Paragraph, the Board of Trustees may amend the this Declaration of Trust to amend any of the provisions set forth in paragraphs (a) through (i) of Section 6 of this Article III.

Power of Board of Trustees to Change Provisions Relating to Shares. Notwithstanding any other provisions provision of this Declaration of Trust and without limiting the power of the Board of Trustees to amend the Declaration of Trust as provided elsewhere herein, the Board of Trustees shall have the power to amend this DeclarationDeclaration of Trust, at any time and from time to time, in such manner as the Board of Trustees may determine in its their sole discretion, without the need for Shareholder action, so as to addadd to, delete, replace or otherwise modify any provisions relating to the Shares contained in this DeclarationDeclaration of Trust, provided that before adopting any such amendment without Shareholder approval the Board of Trustees shall determine that it is consistent with the fair and equitable treatment of all Shareholders or that Shareholder approval is not otherwise required by the 1940 Investment Company Act or other applicable law. If Shares have been issued, Shareholder approval shall be required to adopt any amendments to this Declaration which of Trust that would adversely affect to a material degree the rights and preferences of the Shares of any Series (or classclass of any Series) or to increase or decrease the par value of the Shares of any Series (or classclass of any Series). Subject to this Section 5the foregoing Paragraph, the Board of Trustees may amend the Declaration of Trust to amend any of the provisions set forth in paragraphs (a) through (i) of Section 6 7 of this Article III.

Power of Board of Trustees to Change Provisions Relating to Shares. Notwithstanding any other provisions provision of this Declaration of Trust and without limiting the power of the Board of Trustees to amend the Declaration of Trust as provided elsewhere herein, the Board of Trustees shall have the power to amend this DeclarationDeclaration of Trust, at any time and from time to time, in such manner as the Board of Trustees may determine in its their sole discretion, without the need for Shareholder action, so as to addadd to, delete, replace or otherwise modify any provisions relating to the Shares contained in this DeclarationDeclaration of Trust, provided that before adopting any such amendment without Shareholder approval the Board of Trustees shall determine that it is consistent with the fair and equitable treatment of all Shareholders or that Shareholder approval is not otherwise required by the 1940 Investment Company Act or other applicable law. If Shares have been issued, Shareholder approval shall be required to adopt any amendments to this Declaration which of Trust that would adversely affect to a material degree the rights and preferences of the Shares of any Series (or classclass of any Series) or to increase or decrease the par value of the Shares of any Series (or classclass of any Series). Subject to this Section 5the foregoing Paragraph, the Board of Trustees may amend the Declaration of Trust to amend any of the Trusthe provisions set forth in paragraphs (a) through (i) of Section 6 of this Article III.

Power of Board of Trustees to Change Provisions Relating to Shares. Notwithstanding any other provisions provision of this Declaration of Trust and without limiting the power of the Board of Trustees to amend this Declaration of Trust and the Declaration as provided elsewhere hereinCertificate of Trust, the Board of Trustees shall have the power to amend this DeclarationDeclaration of Trust and the Certificate of Trust, at any time and from time to time, in such manner as the Board of Trustees may determine in its sole discretion, without the need for Shareholder action, so as to addadd to, delete, replace or otherwise modify any provisions provision relating to the Shares contained in this Declaration, Declaration of Trust; provided that before adopting any such amendment without Shareholder approval approval, the Board of Trustees shall determine that it is consistent with the fair and equitable treatment of all Shareholders or and that Shareholder approval is not otherwise required by the 1940 Act or other applicable federal or state law. If ; provided, however that if Shares have been issued, Shareholder approval shall be required to adopt any amendments amendment to this Declaration which of Trust that would adversely affect to a material degree the rights and preferences of the Shares of any Series (already issued or class) or to increase or decrease the par value of the Shares rights and preferences of any Class of Shareholders associated with any such Series (or class)as otherwise required by the 1940 Act. Subject to this Section 5the foregoing, the Board of Trustees may amend the Declaration of Trust to amend any of the provisions provision set forth in paragraphs (ab)(i) through (ib)(ix) of Section 6 7 of this Article III.

Power of Board of Trustees to Change Provisions Relating to Shares. Notwithstanding any other provisions of this Declaration and without limiting the power of the Board of Trustees to amend the Declaration as provided elsewhere herein, the Board of Trustees shall have the power to amend this Declaration, at any time and from time to time, in such manner as the Board of Trustees may determine in its their sole discretion, without the need for Shareholder action, so as to addadd to, delete, replace or otherwise modify any provisions relating to the Shares contained in this Declaration, provided that before adopting any such amendment without Shareholder approval the Board of Trustees shall determine that it is consistent with the fair and equitable treatment of all Shareholders or that Shareholder approval is not otherwise required by the 1940 Act or other applicable law. If Shares have been issued, Shareholder approval shall be required to adopt any amendments to this Declaration which would adversely affect to a material degree the rights and preferences of the Shares of any Series (or class) or to increase or decrease the par value of the Shares of any Series (or class). Subject to this Section 5, the Board of Trustees may amend the Declaration of Trust to amend any of the provisions set forth in paragraphs (a) through (i) of Section 6 of this Article III.

Power of Board of Trustees to Change Provisions Relating to Shares. Notwithstanding any other provisions provision of this Declaration of Trust and without limiting the power of the Board of Trustees to amend the Declaration of Trust as provided elsewhere herein, the Board of Trustees shall have the power to amend this DeclarationDeclaration of Trust, at any time and from time to time, in such manner as the Board of Trustees may determine in its their sole discretion, without the need for Shareholder action, so as to addadd to, delete, replace or otherwise modify any provisions relating to the Shares contained in this DeclarationDeclaration of Trust, provided that before adopting any such amendment without Shareholder approval the Board of Trustees shall determine that it is consistent with the fair and equitable treatment of all Shareholders or that Shareholder approval is not otherwise required by the 1940 Investment Company Act or other applicable law. If Shares have been issued, Shareholder approval shall be required to adopt any amendments to this Declaration which of Trust that would adversely affect to a material degree the rights and preferences of the Shares of any Series (or class) Class of any Series or to increase or decrease the par value of the Shares of any Series (or class)Class of any Series. Subject to this Section 5the foregoing Paragraph, the Board of Trustees may amend the this Declaration of Trust to amend any of the provisions set forth in paragraphs (a) through (i) of Section 6 of this Article III.

Power of Board of Trustees to Change Provisions Relating to Shares. Notwithstanding any other provisions provision of this Declaration of Trust and without limiting the power of the Board of Trustees to amend the this Declaration of Trust as provided elsewhere herein, the Board of Trustees shall have the power to amend this DeclarationDeclaration of Trust, at any time and from time to time, in such manner as the Board of Trustees may determine in its their sole discretion, without the need for Shareholder action, so as to addadd to, delete, replace or otherwise modify any provisions relating to the Shares contained in this DeclarationDeclaration of Trust, provided that before adopting any such amendment without Shareholder approval the Board of Trustees shall determine that it is consistent with the fair and equitable treatment of all Shareholders or that Shareholder approval is not otherwise required by the 1940 Act or other applicable law. If Shares have been issued, Shareholder approval shall be required to adopt any amendments to this Declaration of Trust which would adversely affect to a material degree the rights and preferences of the Shares of any Series (or class) or to increase or decrease the par value of the Shares of any Series (or class). Subject to this Section 5the foregoing Paragraph, the Board of Trustees may amend the Declaration of Trust to amend any of the provisions set forth in paragraphs (a) through (i) of Section 6 of this Article III.

Power of Board of Trustees to Change Provisions Relating to Shares. Notwithstanding any other provisions provision of this Declaration of Trust and without limiting the power of the Board of Trustees to amend the Declaration of Trust as provided elsewhere herein, the Board of Trustees shall have the power to amend this DeclarationDeclaration of Trust, at any time and from time to time, in such manner as the Board of Trustees may determine in its their sole discretion, without the need for Shareholder action, so as to addadd to, delete, replace or otherwise modify any provisions relating to the Shares contained in this DeclarationDeclaration of Trust, provided that before adopting any such amendment without Shareholder approval the Board of Trustees shall determine that it is consistent with the fair and equitable treatment of all Shareholders or that Shareholder approval is not otherwise required by the 1940 Act or other applicable law. If Shares have been issued, Shareholder approval shall be required to adopt any amendments to this Declaration of Trust which would adversely affect to a material degree the rights and preferences of the Shares of any Series (or class) or to increase or decrease the par value of the Shares of any Series (or class). Subject to this Section 5the foregoing Paragraph, the Board of Trustees may amend the Declaration of Trust to -to amend any of the provisions set forth in paragraphs (a) through (i) of Section 6 of this Article III.

Power of Board of Trustees to Change Provisions Relating to Shares. Notwithstanding any other provisions of this Declaration of Trust and without limiting the power of the Board of Trustees to amend the Declaration of Trust as provided elsewhere herein, the Board of Trustees shall have the power to amend this DeclarationDeclaration of Trust, at any time and from time to time, in such manner as the Board of Trustees may determine in its their sole discretion, without the need for Shareholder action, so as to addadd to, delete, replace or otherwise modify any provisions relating to the Shares contained in this DeclarationDeclaration of Trust, provided that before adopting any such amendment without Shareholder approval the Board of Trustees shall determine that it is consistent with the fair and equitable treatment of all Shareholders or and that Shareholder approval is not otherwise required by the 1940 Act or other applicable law. If Shares have been issued, Shareholder approval shall be required to adopt any amendments to this Declaration of Trust which would adversely affect to a material degree the rights and preferences of the Shares of any Series (or class) class or to increase or decrease the par value of the Shares of any Series (or class). Subject to this Section 5the foregoing Paragraph, the Board of Trustees may amend the Declaration of Trust to amend any of the provisions set forth in paragraphs (a) through (i) of Section 6 of this Article III.

Power of Board of Trustees to Change Provisions Relating to Shares. Notwithstanding any other provisions provision of this Declaration of Trust and without limiting the power of the Board of Trustees (as described in Article IV) to amend the Declaration of Trust as provided elsewhere herein, the Board of Trustees shall have the power to amend this DeclarationDeclaration of Trust, at any time and from time to time, in such manner as the Board of Trustees may determine in its their sole discretion, without the need for Shareholder action, so as to addadd to, delete, replace or otherwise modify any provisions relating to the Shares contained in this DeclarationDeclaration of Trust, provided that before adopting any such amendment without Shareholder approval the Board of Trustees shall determine that it is consistent with the fair and equitable treatment of all Shareholders or that Shareholder approval is not otherwise required by the 1940 Investment Company Act or other applicable law. If Shares have been issued, Shareholder approval shall be required to adopt any amendments to this Declaration which of Trust that would adversely affect to a material degree the rights and preferences of the Shares of any Series (or class) or to increase or decrease the par value of the Shares class of any Series (or classSeries). Subject to this Section 5the foregoing Paragraph, the Board of Trustees may amend the any provisions of this Declaration of Trust to amend any of the provisions set forth in paragraphs (a) through (i) of Section 6 of this Article IIIextent permitted by applicable law.

Power of Board of Trustees to Change Provisions Relating to Shares. Notwithstanding any other provisions provision of this Declaration of Trust and without limiting the power of the Board of Trustees to amend the Declaration of Trust as provided elsewhere herein, the Board of Trustees shall have the power to amend this DeclarationDeclaration of Trust, at any time and from time to time, in such manner as the Board of Trustees may determine in its their sole discretion, without the need for Shareholder action, so as to addadd to, delete, replace or otherwise modify any provisions relating to the Shares contained in this DeclarationDeclaration of Trust, provided that before adopting any such amendment without Shareholder approval the Board of Trustees shall determine that it is consistent with the fair and equitable treatment of all Shareholders or that Shareholder approval is not otherwise required by the 1940 Investment Company Act or other applicable law. If Shares have been issued, Shareholder approval shall be required to adopt any amendments to this Declaration which of Trust that would adversely affect to a material degree the rights and preferences of the Shares of any Series (or class) Class of any Series or to increase or decrease the par value of the Shares of any Series (or class)Class of any Series. Subject to this Section 5the foregoing Paragraph, the Board of Trustees may amend the Declaration of Trust to amend any of the provisions set forth in paragraphs (a) through (i) of Section 6 of this Article III.

Power of Board of Trustees to Change Provisions Relating to Shares. Notwithstanding Except as provided in Article VIII, Section 8.04 hereof, and notwithstanding any other provisions of this the Declaration of Trust to the contrary, and without limiting the power of the Board of Trustees to amend the Declaration of Trust or the Certificate of Trust as provided elsewhere herein, the Board of Trustees shall have the power to amend this DeclarationDeclaration of Trust or the Certificate of Trust, at any time and from time to time, in such manner as the Board of Trustees may determine in its their sole discretion, by the affirmative vote or written consent of a majority of the Trustees then in office, without the need for Shareholder Holder action, so as to addadd to, delete, replace or otherwise modify any provisions relating to the Shares contained in this DeclarationDeclaration of Trust or the Certificate of Trust, provided that before adopting any such amendment without Shareholder approval Holder approval, the Board of Trustees shall determine that it is consistent with the fair and equitable treatment of all Shareholders Holders or that Shareholder Holder approval is not otherwise required by the 1940 Act or other applicable law. If Shares have been issued, Shareholder Holder approval shall be required to adopt any amendments to this Declaration which of Trust that would adversely affect to a material degree the rights and preferences of the Shares of any Series (or class) or to increase or decrease the par value of the Shares of any Series (or class). Subject to this Section 5the foregoing paragraph, the Board of Trustees may amend the Declaration of Trust to amend any of the provisions set forth in paragraphs (a) through (i) of Section 6 3.06 of this Article III.