Common use of POWER TO MODIFY ARTICLE Clause in Contracts

POWER TO MODIFY ARTICLE. Notwithstanding any foregoing provision of this Article, the Trustees may prescribe, in their sole discretion, such other bases and times for determining, for financial reporting and/or tax accounting purposes, (a) the Net Profits, Net Losses, taxable income, tax loss, and/or net assets of any Portfolio (or, where appropriate in the Trustees' sole judgment, of the Trust as a whole) and/or (b) the allocation of the Net Profits or Net Losses and taxable income or tax loss so determined among, or the payment of distributions to, the Holders of any Portfolio as they deem necessary or desirable to enable the Trust or any Portfolio to comply with any provision of the 1940 Act, the Code, any rule or regulation thereunder, or any order of exemption issued by the Commission or any ruling issued by the Internal Revenue Service, all as in effect now or as hereafter amended or modified.