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

Power of Board of Trustees to Change Provisions. RELATING TO SHARES. Notwithstanding any other provision of this Declaration of Trust and without limiting the power of the Board of Trustees to amend this Declaration of Trust and the Certificate of Trust, the Board of Trustees shall have the power to amend this Declaration 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 add to, delete, replace or otherwise modify any provision relating to the Shares contained in this Declaration 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 and that Shareholder approval is not otherwise required by the 1940 Act or other applicable federal or state law; provided, however that if Shares have been issued, Shareholder approval shall be required to adopt any amendment to this Declaration of Trust that would adversely affect to a material degree the rights and preferences of the Shares of any Series already issued or the rights and preferences of any Class of Shareholders associated with any such Series or as otherwise required by the 1940 Act. Subject to the foregoing, the Board of Trustees may amend any provision set forth in paragraphs (a) through (i) of Section 7 of this Article III.

Power of Board of Trustees to Change Provisions. RELATING TO SHARES. Notwithstanding any other provision of this Declaration of Trust and without limiting the power of the Board of Trustees to amend or restate this Declaration of Trust and or the Certificate of TrustTrust as provided elsewhere herein, the Board of Trustees shall have the power to amend this Declaration of Trust and 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 sole discretion, without the need for Shareholder action, so as to add to, delete, replace or otherwise modify any provision provisions relating to the Shares contained in this Declaration of Trust; provided , 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 and that Shareholder approval is not otherwise required by the 1940 Act or other applicable federal or state law; provided, however that if . If Shares have been issued, Shareholder approval shall be required to adopt any amendment to this Declaration of Trust that which would adversely affect to a material degree the rights and preferences of the Shares of the Trust or any Series or class thereof already issued or issued; PROVIDED, HOWEVER, that in the rights and preferences event that the Board of any Class Trustees determines that the Trust shall no longer be operated as an investment company in accordance with the provisions of Shareholders associated with any the 1940 Act, the Board of Trustees may adopt such Series or amendments to this Declaration of Trust to delete those terms the Board of Trustees identifies as otherwise being required by the 1940 Act. Subject to the foregoingforegoing paragraph, the Board of Trustees may amend any provision of the provisions set forth in paragraphs (a) through (i) of Section 7 6 of this Article III. The Board of Trustees shall have the power, in its discretion, to make such elections as to the tax status of the Trust as may be permitted or required under the Code as presently in effect or as amended, without the vote of any Shareholder.

Power of Board of Trustees to Change Provisions. RELATING TO SHARESRelating to --------------------------------------------------------------------------- Shares. Notwithstanding any other provision of this Declaration of Trust to the ------- contrary, and without limiting the power of the Board of Trustees to amend this the Declaration of Trust and the Certificate of Trustas provided elsewhere herein, the Board of Trustees shall have the power to amend this Declaration 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 their sole discretion, without the need for Shareholder action, so as to add to, delete, replace or otherwise modify any provision provisions relating to the Shares contained in this 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 and that Shareholder approval is not otherwise required by the 1940 Act or other applicable federal or state law; provided, however that if . If Shares have been issued, Shareholder approval shall be required to adopt any amendment amendments to this Declaration of Trust that which 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 rights and preferences par value of the Shares of any Class of Shareholders associated with any such Series (or as otherwise required by the 1940 Act. Subject to the foregoing, the Board of Trustees may amend any provision set forth in paragraphs (a) through (i) of Section 7 of this Article IIIclass).