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 or to increase or decrease the par value of the Shares.
Appears in 12 contracts
Samples: Agreement and Declaration of Trust (1WS Credit Income Fund), Agreement and Declaration of Trust (Archstone Alternative Solutions Fund), Agreement and Declaration of Trust (Corsair Opportunity Fund)
