Power of Board of Trustees to Change Provisions. Relating 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 the Declaration of Trust as provided elsewhere herein, the Board of Trustees shall have the power to amend this Declaration of Trust, at any time and from time to time, in such manner as the Board of Trustees may determine in their sole discretion, without the need for Shareholder action, so as to add to, delete, replace or otherwise modify any provisions 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 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).
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Samples: Brazos Mutual Funds
Power of Board of Trustees to Change Provisions. Relating ---------- -------------------------------------------------------- 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 the Declaration of Trust as provided elsewhere herein, the Board of Trustees shall have the power to amend this Declaration of Trust, at any time and from time to time, in such manner as the Board of Trustees may determine in their sole discretion, without the need for Shareholder action, so as to add to, delete, replace or otherwise modify any provisions 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 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).
Appears in 1 contract
Samples: First Mutual Funds
Power of Board of Trustees to Change Provisions. Relating --------- -------------------------------------------------------- to ---------- ----------------------------------------------------------- Shares. Notwithstanding any other provision provisions of this Declaration of Trust to the ------ contrary, --------- 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 Declaration of Trust, at any time and from time to time, in such manner as the Board of Trustees may determine in their sole discretion, without the need for Shareholder action, so as to add to, delete, replace or otherwise modify any provisions relating to the Shares contained in this Declaration of TrustTrust 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 and that Shareholder approval is not 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 Series. Subject to the foregoing Paragraph, the Board of Trustees may amend the Declaration of Trust to amend any of the provisions set forth in paragraphs (or class)a) through (i) of Section 6 of this Article III.
Appears in 1 contract
Power of Board of Trustees to Change Provisions. Relating 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 the Declaration of Trust as provided elsewhere hereinTrust, the Board of Trustees shall have the power to amend this Declaration of Trust, at any time and from time to time, in such manner as the Board of Trustees may determine in their sole discretion, without the need for Shareholder actionaction by any Shareholder, so as to add to, delete, replace or otherwise modify any provisions relating to the Shares contained in this Declaration of Trust, provided that before adopting any such amendment without Shareholder approval of the Shareholders, the Board of Trustees shall determine that it is consistent with the fair and equitable treatment of all Shareholders and or that Shareholder approval of the Shareholders is not required by the 1940 Act or other applicable law. If Shares have been issued, Shareholder approval of the Shareholders 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.
Appears in 1 contract
Samples: Agreement and Declaration (Smithgraham Institutional Funds)