Power of Trustees to Change Provisions Relating to Shares. Notwithstanding any other provisions of this Declaration of Trust and without limiting the power of the Trustees to amend the Declaration of Trust as provided elsewhere herein, the Trustees shall have the power to amend this Declaration of Trust, at any time and from time to time, in such manner as the 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. The establishment and designation of any Series or Class of Shares in addition to the Series and Classes established and designated in Section 6 of this Article III shall be effective upon the execution by the Trustees of an amendment to this Declaration of Trust, taking the form of a complete restatement or otherwise, setting forth such establishment and designation and the relative rights and preferences of such Series or Class, as the case may be, or as otherwise provided in such instrument, this Declaration of Trust, and/or in such other document as the Trustees determine. Without limiting the generality of the foregoing, the Trustees may amend the Declaration of Trust to: (a) create one or more Series or Classes of Shares (in addition to any Series or Classes already existing or otherwise) with such rights and preferences and such eligibility requirements for investment therein as the Trustees shall determine and reclassify any or all outstanding Shares as shares of particular Series or Classes in accordance with such eligibility requirements; (b) combine one or more Series or Classes of Shares into a single Series or Class on such terms and conditions as the Trustees shall determine; (c) change or eliminate any eligibility requirements for investment in Shares of any Series or Class, including without limitation the power to provide for the issue of Shares of any Series or Class in connection with any merger or consolidation of the Trust with another trust or company or any acquisition by the Trust of part or all of the assets of another trust or company; (d) change the designation of any Series or Class of Shares; (e) change the method of allocating dividends among the various Series and Classes of Shares; (f) allocate any specific assets or liabilities of the Trust or any specific items of income or expense of the Trust to one or more Series or Classes of Shares; (g) specifically allocate assets to any or all Series or Classes of Shares or create one or more additional Series or Classes of Shares which are preferred over all other Series or Classes of Shares in respect of assets specifically allocated thereto or any dividends paid by the Trust with respect to any net income, however determined, earned from the investment and reinvestment of any assets so allocated or otherwise and provide for any special voting or other rights with respect to such Series or Classes; and (h) amend any of the provisions set forth in paragraphs (a) through (g) of this Section 5.
Appears in 2 contracts
Samples: Agreement and Declaration of Trust (GMO Series Trust), Agreement and Declaration of Trust (GMO Series Trust)
Power of Trustees to Change Provisions Relating to Shares. Notwithstanding any other provisions of this Declaration of Trust and without limiting the power of the Trustees to amend the Declaration of Trust as provided elsewhere herein, the Trustees shall have the power to amend this Declaration of Trust, at any time and from time to time, in such manner as the 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. The establishment and designation Trust for the purpose of responding to or complying with any regulations, orders, rulings or interpretations of any Series governmental agency or Class of Shares in addition any laws, now or hereafter applicable to the Series and Classes established and designated in Section 6 of this Article III shall be effective upon the execution by Trust or otherwise; provided that before adopting any such amendment the Trustees shall determine that it is consistent with the fair and equitable treatment of an amendment to this Declaration of Trust, taking the form of a complete restatement or otherwise, setting forth such establishment and designation and the relative rights and preferences of such Series or Class, as the case may be, or as otherwise provided in such instrument, this Declaration of Trust, and/or in such other document as the Trustees determineall Shareholders. Without limiting the generality of the foregoing, the Trustees may amend the Declaration of Trust tomay:
(a) create one or more Series or Classes of Shares (in addition to any Series or Classes already existing or otherwise) with such rights and preferences and such eligibility requirements for investment therein as the Trustees shall determine and reclassify any or all outstanding Shares as shares of particular Series or Classes in accordance with such eligibility requirements;
(b) amend any of the provisions set forth in paragraphs (a) through (j) of Section 6 of this Article III;
(c) combine one or more Series or Classes of Shares into a single Series or Class on such terms and conditions as the Trustees shall determine;
(cd) change or eliminate any eligibility requirements for investment in Shares of any Series or Class, including including, without limitation limitation, the power to provide for the issue issuance of Shares of any Series or Class in connection with any merger or consolidation of the Trust with another trust or company or any acquisition by the Trust of part or all of the assets of another trust or company;
(de) change the designation of any Series or Class of Shares;
(ef) change the method of allocating dividends among the various Series and Classes of Shares;
(fg) allocate any specific assets or liabilities of the Trust or any specific items of income or expense of the Trust to one or more Series or Classes of Shares;; and
(gh) specifically allocate assets to any or all Series or Classes of Shares or create one or more additional Series or Classes of Shares which that are preferred over all other Series or Classes of Shares in respect of assets specifically allocated thereto or any dividends paid by the Trust with respect to any net income, however determined, earned from the investment and reinvestment of any assets so allocated or otherwise and provide for any special voting or other rights with respect to such Series or Classes; and
(h) amend any Classes of the provisions set forth in paragraphs (a) through (g) of this Section 5Shares thereof.
Appears in 2 contracts
Samples: Agreement and Declaration of Trust (Nvest Companies Trust I), Restatement of Amended Agreement and Declaration of Trust (CDC Nvest Companies Trust I)
Power of Trustees to Change Provisions Relating to Shares. Notwithstanding any other provisions of this Declaration of Trust and without limiting the power of the Trustees to amend the Declaration of Trust as provided elsewhere herein, the Trustees shall have the power to amend this Declaration of Trust, at any time and from time to time, in such manner as the 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 for the purpose of (i) responding to or complying with any regulations, orders, rulings or interpretations of any governmental agency or any laws, now or hereafter applicable to the Trust, or (ii) designating and establishing Series and Classes in addition to the Series and Classes established in Section 6 of this Article III; provided that before adopting any such amendment without Shareholder approval the Trustees shall determine that it is consistent with the fair and equitable treatment of all Shareholders. The establishment and designation of any Series or Class of Shares in addition to the Series and Classes established and designated in Section 6 of this Article III shall be effective upon the execution by a majority of the then Trustees of an amendment to this Declaration of Trust, taking the form of a complete restatement or otherwise, setting forth such establishment and designation and the relative rights and preferences of such Series or Class, as the case may be, or as otherwise provided in such instrument, this Declaration of Trust, and/or in such other document as the Trustees determine. Without limiting the generality of the foregoing, the Trustees may may, for the above-stated purposes, amend the Declaration of Trust to:
(a) create one or more Series or Classes of Shares (in addition to any Series or Classes already existing or otherwise) with such rights and preferences and such eligibility requirements for investment therein as the Trustees shall determine and reclassify any or all outstanding Shares as shares of particular Series or Classes in accordance with such eligibility requirements;
(b) combine one or more Series or Classes amend any of Shares into a single Series or Class on such terms and conditions as the Trustees shall determineprovisions set forth in paragraphs (a) through (j) of Section 6 of this Article III;
(cd) change or eliminate any eligibility requirements for investment in Shares of any Series or Class, including without limitation the power to provide for the issue of Shares of any Series or Class in connection with any merger or consolidation of the Trust with another trust or company or any acquisition by the Trust of part or all of the assets of another trust or company;
(de) change the designation of any Series or Class of Shares;
(ef) change the method of allocating dividends among the various Series and Classes of Shares;
(fg) allocate any specific assets or liabilities of the Trust or any specific items of income or expense of the Trust to one or more Series or Classes of Shares;; and
(gh) specifically allocate assets to any or all Series or Classes of Shares or create one or more additional Series or Classes of Shares which are preferred over all other Series or Classes of Shares in respect of assets specifically allocated thereto or any dividends paid by the Trust with respect to any net income, however determined, earned from the investment and reinvestment of any assets so allocated or otherwise and provide for any special voting or other rights with respect to such Series or Classes; and
(h) amend any of the provisions set forth in paragraphs (a) through (g) of this Section 5.
Appears in 2 contracts
Samples: Agreement and Declaration of Trust (Gmo Trust), Agreement and Declaration of Trust (Gmo Trust)
Power of Trustees to Change Provisions Relating to Shares. Notwithstanding any other provisions of this Declaration of Trust or the Bylaws, and without limiting the power powers of the Trustees to amend the Declaration of Trust as provided elsewhere herein, the Trustees shall have the power to amend this Declaration of Trustpower, at any time and from time to time, in such manner as the 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. The establishment and designation Trust or the Bylaws for the purpose of (i) responding to or complying with any regulations, orders, rulings or interpretations of any Series governmental agency or Class of Shares in addition any laws, now or hereafter applicable to the Series Trust, or (ii) designating and Classes established and designated in Section 6 of this Article III shall be effective upon the execution by establishing series or classes; provided that the Trustees shall have determined that such change is consistent with the fair and equitable treatment of an amendment to this Declaration of Trust, taking the form of a complete restatement or otherwise, setting forth such establishment and designation and the relative rights and preferences of such Series or Class, as the case may be, or as otherwise provided in such instrument, this Declaration of Trust, and/or in such other document as the Trustees determineall Shareholders. Without limiting the generality of the foregoing, the Trustees may amend may, for the Declaration of Trust toabove-stated purposes:
(a) create one or more Series series or Classes classes of Shares (in addition to any Series series or Classes classes already existing or otherwise) with such rights and preferences and such eligibility requirements for investment therein as the Trustees shall determine and reclassify any or all outstanding Shares as shares of particular Series series or Classes classes in accordance with such eligibility requirements;
b) amend any of the provisions set forth in paragraphs (ba) through (g) of Section 8 of this Article III;
c) combine one or more Series series or Classes classes of Shares into a single Series series or Class class on such terms and conditions as the Trustees shall determine;
(cd) change or eliminate any eligibility requirements for investment in Shares of any Series series or Classclass, including without limitation the power to provide for the issue issuance of Shares of any Series series or Class class in connection with any merger or consolidation of the Trust with another trust or company or any acquisition by the Trust of part or all of the assets of another trust or company;
(de) change the designation of any Series series or Class class of Shares;
(ef) change the method of allocating dividends among the various Series series and Classes classes of Shares;; and
(fg) allocate any specific assets or liabilities of the Trust or any specific items of income or expense of the Trust to one or more Series series or Classes classes of Shares;
(g) specifically allocate assets to any or all Series or Classes of Shares or create one or more additional Series or Classes of Shares which are preferred over all other Series or Classes of Shares in respect of assets specifically allocated thereto or any dividends paid by the Trust with respect to any net income, however determined, earned from the investment and reinvestment of any assets so allocated or otherwise and provide for any special voting or other rights with respect to such Series or Classes; and
(h) amend any of the provisions set forth in paragraphs (a) through (g) of this Section 5.
Appears in 2 contracts
Samples: Trust Agreement (Datum One Series Trust), Agreement and Declaration of Trust (Datum One Series Trust)
Power of Trustees to Change Provisions Relating to Shares. Notwithstanding any an other provisions provision of this Declaration of Trust and without limiting the power of the Trustees to amend the Declaration of Trust as provided elsewhere herein, the Trustees shall have the power to amend this Declaration of Trust, at any time and from time to time, in such manner as the 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. The establishment , provided that before adopting any such amendment without Shareholder approval the Trustees shall determine that it is consistent with the fair and designation equitable treatment of any Series all Share holders or Class of Shares in addition to the Series and Classes established and designated in Section 6 of this Article III shall be effective upon the execution that Shareholder approval is not otherwise required by the Trustees of an amendment to this Declaration of Trust, taking the form of a complete restatement 1940 Act or otherwise, setting forth such establishment and designation and the relative rights and preferences of such Series or Class, as the case may be, or as otherwise provided in such instrument, this Declaration of Trust, and/or in such other document as the Trustees determineapplicable law. Without limiting the generality of the foregoing, foregoing the Trustees may may, for the above-stated purposes, amend the Declaration of Trust to:
(a) create one or more Series or Classes of Shares (in addition to any Series or Classes already existing or otherwise) with such rights and preferences and such eligibility requirements for investment therein as the Trustees shall determine and reclassify any or all outstanding Shares as shares of particular Series or Classes in accordance with such eligibility requirements;
(b) amend any of the provisions set forth in paragraphs (a) through (i) of Section 6 of this Article III;
(c) combine one or more Series or Classes of Shares into a single Series or Class on such terms and conditions as the Trustees shall determine;
(cd) change or eliminate any eligibility requirements for investment in Shares of any Series or ClassSeries, including without limitation the power limitation, to provide for the issue of Shares of any Series or Class in connection with any merger or consolidation of the Trust with another trust or company or any acquisition by the Trust of part or all of the assets of another trust or investment company;
(de) change the designation of any Series or Class of Shares;
(ef) change the method of allocating dividends among the various Series and Classes of Shares;
(fg) allocate any specific assets or liabilities of the Trust or any specific items of income or expense of the Trust to one or more Series or Classes of Shares;
(gh) specifically allocate assets to any or all Series or Classes of Shares or create one or more additional Series or Classes of Shares which are preferred over all other Series or Classes of Shares in respect of assets Assets specifically allocated thereto or any dividends paid by the Trust with respect to any net income, however determined, earned from the investment and reinvestment of any assets so allocated or otherwise and provide for any special voting or other rights with respect to such Series or Classes; and
(h) amend any of the provisions set forth in paragraphs (a) through (g) of this Section 5Series.
Appears in 2 contracts
Samples: Agreement and Declaration of Trust (California Investment Trust), Agreement and Declaration of Trust (California Investment Trust Ii)
Power of Trustees to Change Provisions Relating to Shares. Notwithstanding any other provisions of this Declaration of Trust and without limiting the power of the Trustees to amend the Declaration of Trust as provided elsewhere herein, the Trustees shall have the power to amend this Declaration of Trust, at any time and from time to time, in such manner as the 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 for the purpose of responding to or complying with any regulations, orders, rulings or interpretations of any governmental agency or any laws, now or hereafter applicable to the Trust. The establishment and designation of any class or Series or Class of Shares in addition to the Series and Classes established and designated in Section 6 of this Article III shall be effective upon the execution adoption of a resolution by a majority of the Trustees of an amendment to this Declaration of Trust, taking the form of a complete restatement or otherwise, setting forth such establishment and designation and the relative rights and preferences of the Shares of such class or Series. At any time, if no Shares are outstanding of a particular class or Series or Classpreviously so established and designated, as the case may be, or as otherwise provided in such instrument, this Declaration of Trust, and/or in such other document as the Trustees determinemay by majority vote abolish such class or Series and said establishment and designation thereof. Without limiting the generality of the foregoing, the Trustees may may, for the above-stated purposes, amend the Declaration of Trust to:
(a) create Create one or more Series or Classes classes of Shares (in addition to any Series or Classes classes already existing or otherwise) with such rights and preferences and such eligibility requirements for investment therein as the Trustees shall determine and reclassify any or all outstanding Shares as shares Shares of particular Series or Classes classes in accordance with such eligibility requirements;
(b) combine Amend any of the provisions set forth in paragraphs (a) through (i) of Section 6 of this Article III;
(c) Combine one or more Series or Classes classes of Shares into a single Series or Class class on such terms and conditions as the Trustees shall determine;
(cd) change Change or eliminate any eligibility requirements for investment in Shares of any Series or Classclass, including without limitation the power to provide for the issue of Shares of any Series or Class class in connection with any merger or consolidation of the Trust with another trust or company or any acquisition by the Trust of part or all of the assets of another trust or company;
(de) change Change the designation of any Series or Class class of Shares;
(ef) change Change the method of allocating dividends among the various Series and Classes classes of Shares;
(fg) allocate Allocate any specific assets or liabilities of the Trust or any specific items of income or expense of the Trust to one or more Series or Classes classes of Shares;
(gh) specifically Specifically allocate assets to any or all Series or Classes classes of Shares or create one or more additional Series or Classes classes of Shares which are preferred over all other Series or Classes classes of Shares in respect of assets specifically allocated thereto or any dividends paid by the Trust with respect to any net income, however determined, earned from the investment and reinvestment of any assets so allocated or otherwise and provide for any special voting or other rights with respect to such Series or Classes; and
(h) amend any of the provisions set forth in paragraphs (a) through (g) of this Section 5classes.
Appears in 1 contract
Samples: Agreement and Declaration of Trust (Mas Funds /Ma/)
Power 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 Trustees to amend the Declaration of Trust as provided elsewhere herein, the Trustees shall have the power to amend this Declaration of Trust, at any time and from time to time, in such manner as the Trustees may determine in their sole discretion, without the need for Shareholder actionapproval, so as to add to, delete, replace replace, or otherwise modify any provisions relating to the Shares contained in this Declaration of Trust. The establishment and designation of any Series or Class of Shares in addition to the Series and Classes established and designated in Section 6 of this Article III shall be effective upon the execution by the Trustees of an amendment issued pursuant to this Declaration of Trust, taking the form of a complete restatement or otherwiseprovided that before adopting any such amendment without Shareholder approval, setting forth such establishment and designation and the relative rights and preferences of such Series or Class, as the case may be, or as otherwise provided in such instrument, this Declaration of Trust, and/or in such other document as the Trustees determineshall 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. Without limiting the generality of the foregoing, the Trustees may may, for the above-stated purposes, amend the this Declaration of Trust to:
(a) create one or more Series or Classes of Shares (in addition to any Series or Classes already existing or otherwise) with such rights and preferences and such eligibility requirements for investment therein as the Trustees shall determine determine, and reclassify any or all outstanding Shares as shares of particular Series or Classes in accordance with such eligibility requirements;
(b) amend any of the provisions set forth in paragraphs (a) through (i) of Section 6 and paragraphs (a) through (d) of Section 7 of this Article III;
(c) combine one or more Series or Classes of Shares into a single Series or Class on such terms and conditions as the Trustees shall determine;
(cd) change or eliminate any eligibility requirements for investment in Shares of any Series or ClassSeries, including without limitation the power limitation, to provide for the issue of Shares of any Series or Class in connection with any merger or consolidation of the Trust with another trust or company or any acquisition by the Trust of part or all of the assets of another trust or investment company;
(de) change the designation of any Series or Class of Shares;
(ef) change the method of allocating dividends among the various Series and Classes of Shares;
(fg) allocate any specific assets or liabilities of the Trust or any specific items of income or expense of the Trust to one or more Series or Classes of Shares;
(gh) specifically allocate assets to any or all Series or Classes of Shares or create one or more additional Series or Classes of Shares which are preferred over all other Series or Classes of Shares in respect of assets specifically allocated thereto or any dividends paid by the Trust with respect to any net income, however determined, earned from the investment and reinvestment of any assets so allocated or otherwise and provide for any special voting or other rights with respect to such Series or Classes; and
(h) amend any of the provisions set forth in paragraphs (a) through (g) of this Section 5Series.
Appears in 1 contract
Samples: Agreement and Declaration of Trust (Benham Manager Funds)
Power of Trustees to Change Provisions Relating to Shares. Notwithstanding any other provisions of this Declaration of Trust and without limiting the power of the Trustees to amend the Declaration of Trust as provided elsewhere herein, the Trustees shall have the power to amend this Declaration of Trust, at any time and from time to time, in such manner as the 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 for the purpose of responding to or complying with any regulations, orders, rulings or interpretations of any governmental agency or any laws, now or hereafter applicable to the Trust. The establishment and designation of any class or Series or Class of Shares in addition to the Series and Classes established and designated in Section 6 of this Article III shall be effective upon the execution adoption of a resolution by a majority of the Trustees of an amendment to this Declaration of Trust, taking the form of a complete restatement or otherwise, setting forth such establishment and designation and the relative rights and preferences of the Shares of such class or Series or Class, as the case may be, or as otherwise provided in such instrument, and shall not require amendment of this Declaration of Trust. At any time, and/or in such other document as if no Shares are outstanding of a particular class or Series previously so established and designated, the Trustees determinemay by majority vote abolish such class or Series and said establishment and designation thereof. Without limiting the generality of the foregoing, the Trustees may may, for the above-stated purposes, amend the Declaration of Trust to:
(a) create Create one or more Series or Classes classes of Shares (in addition to any Series or Classes classes already existing or otherwise) with such rights and preferences and such eligibility requirements for investment therein as the Trustees shall determine and reclassify any or all outstanding Shares as shares Shares of particular Series or Classes classes in accordance with such eligibility requirements;
(b) combine Amend any of the provisions set forth in paragraphs (a) through (i) of Section 6 of this Article III;
(c) Combine one or more Series or Classes classes of Shares into a single Series or Class class on such terms and conditions as the Trustees shall determine;
(cd) change Change or eliminate any eligibility requirements for investment in Shares of any Series or Classclass, including without limitation the power to provide for the issue of Shares of any Series or Class class in connection with any merger or consolidation of the Trust with another trust or company or any acquisition by the Trust of part or all of the assets of another trust or company;
(de) change Change the designation of any Series or Class class of Shares;
(ef) change Change the method of allocating dividends among the various Series and Classes classes of Shares;
(fg) allocate Allocate any specific assets or liabilities of the Trust or any specific items of income or expense of the Trust to one or more Series or Classes classes of Shares;
(gh) specifically Specifically allocate assets to any or all Series or Classes classes of Shares or create one or more additional Series or Classes classes of Shares which are preferred over all other Series or Classes classes of Shares in respect of assets specifically allocated thereto or any dividends paid by the Trust with respect to any net income, however determined, earned from the investment and reinvestment of any assets so allocated or otherwise and provide for any special voting or other rights with respect to such Series or Classes; and
(h) amend any of the provisions set forth in paragraphs (a) through (g) of this Section 5classes.
Appears in 1 contract
Samples: Agreement and Declaration of Trust (Morgan Stanley Institutional Fund Trust)
Power of Trustees to Change Provisions Relating to Shares. Notwithstanding any other provisions of this Declaration of Trust and without limiting the power of the Trustees to amend the Declaration of Trust as provided elsewhere herein, the Trustees shall have the power to amend this Declaration of Trust, at any time and from time to time, in such manner as the 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. The establishment and designation Trust for the purpose of responding to or complying with any regulations, orders, rulings or interpretations of any Series governmental agency or Class of Shares in addition any laws, now or hereafter applicable to the Series and Classes established and designated in Section 6 of this Article III shall be effective upon the execution by Trust; provided that before adopting any such amendment without Shareholder approval the Trustees shall determine that it is consistent with the fair and equitable treatment of an amendment to this Declaration of Trust, taking the form of a complete restatement or otherwise, setting forth such establishment and designation and the relative rights and preferences of such Series or Class, as the case may be, or as otherwise provided in such instrument, this Declaration of Trust, and/or in such other document as the Trustees determineall Shareholders. Without limiting the generality of the foregoing, the Trustees may may, for the above-stated purposes, amend the Declaration of Trust to:
(a) create one or more Series or Classes amend any of Shares the provisions set forth in paragraphs (in addition to any Series or Classes already existing or otherwisea) with such rights and preferences and such eligibility requirements for investment therein as the Trustees shall determine and reclassify any or all outstanding Shares as shares through (j) of particular Series or Classes in accordance with such eligibility requirementsSection 6 of this Article III;
(b) combine one or more Series or Classes classes of Shares into a single Series or Class class on such terms and conditions as the Trustees shall determine;
(c) change or eliminate any eligibility requirements for investment in Shares of any Series or Classclass, including without limitation the power to provide for the issue of Shares of any Series or Class class in connection with any merger or consolidation of the Trust with another trust or company or any acquisition by the Trust of part or all of the assets of another trust or company;
(d) change the designation of any Series or Class class of Shares;
(e) change the method of allocating dividends among the various Series and Classes classes of Shares;
(f) allocate any specific assets or liabilities of the Trust or any specific items of income or expense of the Trust to one or more Series or Classes classes of Shares;; and
(g) specifically allocate assets to any or all Series or Classes of Shares or create one or more additional Series or Classes of Shares which are preferred over all other Series or Classes of Shares in respect of assets specifically allocated thereto or any dividends paid by the Trust with respect to any net income, however determined, earned from the investment and reinvestment of any assets so allocated or otherwise and provide for any special voting or other rights with respect to such Series or Classes; and
(h) amend any classes of the provisions set forth in paragraphs (a) through (g) of this Section 5Shares thereof.
Appears in 1 contract
Power 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 Trustees to amend the Declaration of Trust as provided elsewhere herein, the Trustees shall have the power to amend this Declaration of Trust, at any time and from time to time, in such manner as the 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. The establishment , provided that before adopting any such amendment without Shareholder approval the Trustees shall determine that it is consistent with the fair and designation equitable treatment of any Series all Shareholders or Class of Shares in addition to the Series and Classes established and designated in Section 6 of this Article III shall be effective upon the execution that Shareholder approval is not otherwise required by the Trustees of an amendment to this Declaration of Trust, taking the form of a complete restatement 1940 Act or otherwise, setting forth such establishment and designation and the relative rights and preferences of such Series or Class, as the case may be, or as otherwise provided in such instrument, this Declaration of Trust, and/or in such other document as the Trustees determineapplicable law. Without limiting the generality of the foregoing, the Trustees may may, for the above-stated purposes, amend the Declaration of Trust to:
(a) create one or more Series or Classes of Shares (in addition to any Series or Classes already existing or otherwise) with such rights and preferences and such eligibility requirements for investment therein as the Trustees shall determine and reclassify any or all outstanding Shares as shares of particular Series or Classes in accordance with such eligibility requirements;
(b) amend any of the provisions set forth in paragraphs (a) through (i) of Section 6 of this Article III;
(c) combine one or more Series or Classes of Shares into a single Series or Class on such terms and conditions as the Trustees shall determine;
(cd) change or eliminate any eligibility requirements for investment in Shares of any Series or ClassSeries, including without limitation the power limitation, to provide for the issue of Shares of any Series or Class in connection with any merger or consolidation of the Trust with another trust or company or any acquisition by the Trust of part or all of the assets of another trust or investment company;
(de) change the designation of any Series or Class of Shares;
(ef) change the method of allocating dividends among the various Series and Classes of Shares;
(fg) allocate any specific assets or liabilities of the Trust or any specific items of income or expense of the Trust to one or more Series or Classes of Shares;; and
(gh) specifically allocate assets to any or all Series or Classes of Shares or create one or more additional Series or Classes of Shares which are preferred over all other Series or Classes of Shares in respect of assets specifically allocated thereto or any dividends paid by the Trust with respect to any net income, however determined, earned from the investment and reinvestment of any assets so allocated or otherwise and provide for any special voting or other rights with respect to such Series or Classes; and
(h) amend any of the provisions set forth in paragraphs (a) through (g) of this Section 5Series.
Appears in 1 contract
Samples: Agreement and Declaration of Trust (American Century Target Maturities Trust)