Common use of Power to Modify Foregoing Procedures Clause in Contracts

Power to Modify Foregoing Procedures. Notwithstanding any of the foregoing provisions of this Article IX, the Trustees may prescribe, in their absolute discretion except as may be required by the 1940 Act, such other bases and times for determining the per share asset value of the Trust's Shares or net income, or the declaration and payment of dividends and distributions as they may deem necessary or desirable for any reason, including to enable the Trust to comply with any provision of the 1940 Act, or any securities exchange or association registered under the Securities Exchange Act of 1934, or any order of exemption issued by the Commission, all as in effect now or hereafter amended or modified.

Appears in 103 contracts

Samples: Agreement and Declaration of Trust (BlackRock Credit Strategies Fund), Agreement and Declaration of Trust (Blackrock Core Bond Trust), Agreement and Declaration of Trust (Salient Midstream & MLP Fund)

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Power to Modify Foregoing Procedures. Notwithstanding any of the foregoing provisions of this Article IX, the Trustees may prescribe, in their absolute discretion except as may be required by the 1940 Act, such other bases and times for determining the per share asset value of the Trust's ’s Shares or net income, or the declaration and payment of dividends and distributions as they may deem necessary or desirable for any reason, including to enable the Trust to comply with any provision of the 1940 Act, or any securities exchange or association registered under the Securities Exchange Act of 1934, or any order of exemption issued by the Commission, all as in effect now or hereafter amended or modified.

Appears in 66 contracts

Samples: Agreement and Declaration of Trust (Guggenheim Active Allocation Fund), Agreement and Declaration of Trust (Guggenheim Taxable Municipal Bond & Investment Grade Debt Trust), Agreement and Declaration of Trust (Guggenheim Strategic Opportunities Fund)

Power to Modify Foregoing Procedures. Notwithstanding any of the foregoing provisions of this Article IXVII, the Trustees may prescribe, in their absolute discretion except as may be required by the 1940 Act, such other bases and times for determining the per share net asset value of the Trust's ’s Shares or net income, or the declaration and payment of dividends and distributions as they may deem necessary or desirable for any reason, including to enable the Trust to comply with any provision of the 1940 Act, or any securities exchange or association registered under the Securities Exchange Act of 1934, or any order of exemption issued by the Commission, all as in effect now or hereafter amended or modified.

Appears in 31 contracts

Samples: Agreement and Declaration of Trust (Axxes Opportunistic Credit Fund), Agreement and Declaration of Trust (Axxes Opportunistic Credit Fund), Agreement and Declaration of Trust (Axxes Private Markets Fund)

Power to Modify Foregoing Procedures. Notwithstanding any of the foregoing provisions of this Article IX, the Trustees may prescribe, in their absolute discretion except as may be required by the 1940 Act, such other bases and times for determining the per share asset value of the Trust's ’s Shares or net income, or the declaration and payment of dividends and distributions as they may deem necessary or desirable for any reason, including to enable the Trust to comply with any provision of the 1940 Act, or any securities exchange or association registered under the Securities Exchange Act of 1934, as amended, or any order of exemption issued by the Commission, all as in effect now or hereafter amended or modified.

Appears in 26 contracts

Samples: Agreement and Declaration of Trust (Onex Direct Lending BDC Fund), Agreement and Declaration of Trust (BIP Ventures Evergreen BDC), Agreement and Declaration of Trust (Wellings Real Estate Income Fund)

Power to Modify Foregoing Procedures. Notwithstanding any of the foregoing provisions of this Article IX, the Trustees may prescribe, in their absolute discretion except as may be required by the 1940 Act, such other bases and times for determining the per share asset value of the Trust's Shares or net income, or the declaration and payment of dividends and distributions as they may deem necessary or desirable for any reason, including to enable the Trust to comply with any provision of the 1940 Act, or any securities exchange or association registered under the Securities Exchange Act of 1934, or any order of exemption issued by the Commission, all as in effect now or hereafter amended or modified.

Appears in 15 contracts

Samples: Agreement and Declaration of Trust (Blackrock 2012 Term Trust), Agreement and Declaration of Trust (Blackrock California Municipal 2018 Term Trust), Agreement and Declaration of Trust (DLJ High Yield Bond Fund)

Power to Modify Foregoing Procedures. Notwithstanding any of the foregoing provisions of this Article IXX, the Trustees may prescribe, in their absolute discretion except as may be required by the 1940 Act, such other bases and times for determining the per share asset value of the Trust's ’s Shares or net income, or the declaration and payment of dividends and distributions as they may deem necessary or desirable for any reason, including to enable the Trust to comply with any provision of the 1940 Act, or any securities exchange or association registered under the Securities Exchange Act of 1934, as amended, or any order of exemption issued by the Commission, all as in effect now or hereafter amended or modified.

Appears in 11 contracts

Samples: Agreement and Declaration of Trust (Franklin BSP Real Estate Debt BDC), Agreement and Declaration of Trust (Middle Market Apollo Institutional Private Lending), Agreement and Declaration of Trust (Franklin BSP Real Estate Credit BDC)

Power to Modify Foregoing Procedures. Notwithstanding any of the foregoing provisions of this Article IX, the Trustees may prescribe, in their absolute discretion except as may be required by the 1940 Act, such other bases and times for determining the per share net asset value of the Trust's ’s Shares or and/or net income, or and/or the declaration and payment of dividends and other distributions as they may deem necessary or desirable for any reason, including to enable the Trust to comply with any provision of the 1940 Act, or any securities exchange or association registered under the Securities Exchange Act of 1934, or any order of exemption issued by the Commission, all as in effect now or hereafter amended or modified.

Appears in 11 contracts

Samples: Trust Agreement (Highland Premium Long/Short Healthcare Fund), Trust Agreement (Highland Premium Dividend Fund), Trust Agreement (Rochdale International Trade Fixed Income Fund)

Power to Modify Foregoing Procedures. Notwithstanding any of the foregoing provisions of this Article IXX, the Trustees may prescribe, in their absolute discretion except as may be required by the 1940 Act, such other bases and times for determining the per share asset value of the Trust's Shares or net income, or the declaration and payment of dividends and distributions as they may deem necessary or desirable for any reason, including to enable the Trust to comply with any provision of the 1940 Act, or any securities exchange or association registered under the Securities Exchange Act of 1934, or any order of exemption issued by the Commission, all as in effect now or hereafter amended or modified.

Appears in 8 contracts

Samples: Agreement and Declaration of Trust (Claymore Exchange-Traded Fund Trust), Agreement and Declaration of Trust (Claymore Exchange-Traded Fund Trust 2), Trust Agreement (Vericimetry Funds)

Power to Modify Foregoing Procedures. Notwithstanding any of the foregoing provisions of this Article IXX, the Trustees may prescribe, in their absolute discretion except as may be required by the 1940 Act, such other bases and times for determining the per share asset value of the Trust's ’s Shares or net income, or the declaration and payment of dividends and distributions as they may deem necessary or desirable for any reason, including to enable the Trust to comply with any provision of the 1940 Act, or any securities exchange or association registered under the Securities Exchange Act of 1934, or any order of exemption issued by the Commission, all as in effect now or hereafter amended or modified.

Appears in 8 contracts

Samples: Agreement and Declaration of Trust (BlackRock Private Credit Fund), Agreement and Declaration of Trust (BlackRock Private Credit Fund), Agreement and Declaration of Trust (BlackRock Private Credit Fund)

Power to Modify Foregoing Procedures. Notwithstanding any of the foregoing provisions of this Article IXVII, the Trustees may prescribe, in their absolute discretion except as may be required by the 1940 Act, such other bases and times for determining the per share net asset value of each Class of the Trust's ’s Shares or net income, or the declaration and payment of dividends and distributions as they may deem necessary or desirable for any reason, including to enable the Trust to comply with any provision of the Code, the 1940 Act, or any securities exchange or association registered under the Securities Exchange Act of 1934, or any order of exemption issued by the Commission, all as in effect now or hereafter amended or modified.

Appears in 7 contracts

Samples: Agreement and Declaration of Trust (StepStone Private Credit Income Fund), Agreement and Declaration of Trust (Accordant ODCE Index Fund), Agreement and Declaration of Trust (StepStone Private Infrastructure Fund)

Power to Modify Foregoing Procedures. Notwithstanding any of the foregoing provisions of this Article IX, the Trustees may prescribe, in their absolute discretion except as may be required by the 1940 Act, such other bases and times for determining the per share asset value of the Trust's ’s Common Shares or net income, or the declaration and payment of dividends and distributions as they may deem necessary or desirable for any reason, including to enable the Trust to comply with any provision of the 1940 Act, or any securities exchange or association registered under the Securities Exchange Act of 1934, as amended, or any order of exemption issued by the Commission, all as in effect now or hereafter amended or modified.

Appears in 5 contracts

Samples: Agreement and Declaration of Trust (Kennedy Lewis Capital Co), Agreement and Declaration of Trust (Kennedy Lewis Capital Co), Agreement and Declaration of Trust (Kennedy Lewis Capital Co)

Power to Modify Foregoing Procedures. Notwithstanding any of the foregoing provisions of this Article IXVII, the Trustees may prescribe, in their absolute discretion discretion, except as may be required by the 1940 Act, such other bases and times for determining the per share net asset value of the Trust's Shares or net income, or the declaration and payment of dividends and distributions as they may deem necessary or desirable for any reason, including to enable the Trust to comply with any provision of the 1940 Act, or any securities exchange or association registered under the Securities Exchange Act of 1934, or any order of exemption issued by the Commission, all as in effect now or hereafter amended or modified.

Appears in 4 contracts

Samples: Agreement and Declaration of Trust (Triloma EIG Global Energy Term Fund I), Agreement and Declaration of Trust (Triloma EIG Global Energy Fund), Agreement and Declaration of Trust (Triloma EIG Global Energy Term Fund I)

Power to Modify Foregoing Procedures. Notwithstanding any of the foregoing provisions of this Article IX, the Board of Trustees may prescribe, in their its absolute discretion except as may be required by the 1940 Act, such other bases and times for determining the per share asset value of the Trust's ’s Shares or net income, or the declaration and payment of dividends and distributions as they the Board of Trustees may deem necessary or desirable for any reason, including to enable the Trust to comply with any provision of the 1940 Act, or any securities exchange or association registered under the Securities Exchange Act of 1934, or any order of exemption issued by the Commission, all as in effect now or hereafter amended or modified.

Appears in 4 contracts

Samples: Agreement and Declaration of Trust (BlackRock Science & Technology Trust III), Agreement and Declaration of Trust (BlackRock ESG Capital Allocation Trust), Agreement and Declaration of Trust (BlackRock ESG Capital Allocation Trust)

Power to Modify Foregoing Procedures. Notwithstanding any ------------------------------------ of the foregoing provisions of this Article IX, the Trustees may prescribe, in their absolute discretion except as may be required by the 1940 Act, such other bases and times for determining the per share asset value of the Trust's Shares or net income, or the declaration and payment of dividends and distributions as they may deem necessary or desirable for any reason, including to enable the Trust to comply with any provision of the 1940 Act, or any securities exchange or association registered under the Securities Exchange Act of 1934, or any order of exemption issued by the Commission, all as in effect now or hereafter amended or modified.

Appears in 2 contracts

Samples: Agreement and Declaration of Trust (Blackrock Municipal Income Trust), Agreement and Declaration of Trust (Blackrock New Jersey Municipal Income Trust)

Power to Modify Foregoing Procedures. Notwithstanding any of the foregoing provisions of this Article IXX, the Trustees may prescribe, in their absolute discretion except as may be required by the 1940 Act, such other bases and times for determining the per share net asset value of the Trust's ’s Shares or net income, or the declaration and payment of dividends and distributions as they may deem necessary or desirable for any reason, including to enable the Trust to comply with any provision of the 1940 Act, or any securities exchange or association registered under the Securities Exchange Act of 1934, or any order of exemption issued by the Commission, all as in effect now or hereafter amended or modified.

Appears in 2 contracts

Samples: Agreement and Declaration of Trust (Alternative Investment Partners Absolute Return Fund), Agreement and Declaration of Trust (Alternative Investment Partners Absolute Return Fund STS)

Power to Modify Foregoing Procedures. Notwithstanding any of the foregoing provisions of this Article IXX, the Trustees may prescribe, in their absolute discretion discretion, except as may be required by the 1940 Act, such other bases and times for determining the per share Unit asset value of the Trust's Shares ’s Units or net income, or the declaration and payment of dividends and distributions as they may deem necessary or desirable for any reason, including to enable the Trust to comply with any provision of the 1940 Act, or any securities exchange or association registered under the Securities Exchange Act of 1934, or any order of exemption issued by the Commission, all as in effect now or hereafter amended or modified.

Appears in 2 contracts

Samples: Agreement and Declaration of Trust (Cushing MLP Infrastructure Fund II), Agreement and Declaration of Trust (Cushing MLP Infrastructure Master Fund)

Power to Modify Foregoing Procedures. Notwithstanding any of the foregoing provisions of this Article IX, the Trustees may prescribe, in their absolute discretion except as may be required by the 1940 Act, such other bases and times for determining the per share asset value of the Trust's Shares or net income, or the declaration and payment of dividends and distributions as they may deem necessary or desirable for any reason, including to enable the Trust to comply with any provision of the 1940 Act, or any securities exchange or association registered under the Securities Exchange Act of 1934, or any order of exemption issued by the Commission, all as in effect now or hereafter amended or modified.. ARTICLE X

Appears in 1 contract

Samples: Agreement and Declaration of Trust (Blackrock High Yield Trust)

Power to Modify Foregoing Procedures. Notwithstanding any of the foregoing provisions of this Article IXVII, the Trustees may prescribe, in their absolute discretion except as may be required by the 1940 Act, such other bases and times for determining the per share net asset value of the Trust's ’s Shares or net income, or the declaration and payment of dividends and distributions as they may deem necessary or desirable for any reason, including to enable the Trust to comply with any provision of the 1940 Act, or any securities exchange or association registered under the Securities Exchange Act of 1934, or any order of exemption issued by the Commission, all as in effect now or hereafter amended or modified.. ARTICLE VIII

Appears in 1 contract

Samples: Agreement and Declaration of Trust (Prospect Enhanced Yield Fund)

Power to Modify Foregoing Procedures. Notwithstanding any of the ------------------------------------ foregoing provisions of this Article IX, the Trustees may prescribe, in their absolute discretion except as may be required by the 1940 Act, such other bases and times for determining the per share asset value of the Trust's Shares or net income, or the declaration and payment of dividends and distributions as they may deem necessary or desirable for any reason, including to enable the Trust to comply with any provision of the 1940 Act, or any securities exchange or association registered under the Securities Exchange Act of 1934, or any order of exemption issued by the Commission, all as in effect now or hereafter amended or modified.

Appears in 1 contract

Samples: Agreement and Declaration of Trust (Blackrock Florida Municipal Income Trust)

Power to Modify Foregoing Procedures. Notwithstanding any of the foregoing provisions of this Article IX, the Trustees may prescribe, in their absolute discretion except as may be required by the 1940 Act, such other bases and times for determining the per share asset value of the Trust's Shares or net income, or the declaration and payment of dividends and distributions as they may deem necessary or desirable for any reason, including to enable the Trust to comply with any provision of the 1940 Act, or any securities exchange or association registered under the Securities Exchange Act of 1934, or any order of exemption issued by the said Commission, all as in effect now or hereafter amended or modified.

Appears in 1 contract

Samples: Agreement and Declaration of Trust (Credit Suisse Opportunity Funds)

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Power to Modify Foregoing Procedures. Notwithstanding ------------------------------------- any of the foregoing provisions of this Article IX, the Trustees may prescribe, in their absolute discretion except as may be required by the 1940 Act, such other bases and times for determining the per share asset value of the Trust's Shares or net income, or the declaration and payment of dividends and distributions as they may deem necessary or desirable for any reason, including to enable the Trust to comply with any provision of the 1940 Act, or any securities exchange or association registered under the Securities Exchange Act of 1934, or any order of exemption issued by the Commission, all as in effect now or hereafter amended or modified.

Appears in 1 contract

Samples: Agreement and Declaration of Trust (Blackrock California Municipal Income Trust)

Power to Modify Foregoing Procedures. Notwithstanding any of the foregoing provisions of this Article IXVII, the Trustees may prescribe, in their absolute discretion except as may be required by the 1940 Act, such other bases and times for determining the per share net asset value of the Trust's Shares or net income, or the declaration and payment of dividends and distributions as they may deem necessary or desirable for any reason, including to enable the Trust to comply with any provision of the 1940 Act, or any securities exchange or association registered under the Securities Exchange Act of 1934, or any order of exemption issued by the Commission, all as in effect now or hereafter amended or modified.

Appears in 1 contract

Samples: Agreement and Declaration of Trust (Pine Grove Alternative Institutional Fund)

Power to Modify Foregoing Procedures. Notwithstanding any of the foregoing provisions of this Article ARTICLE IX, the Trustees may prescribe, in their absolute discretion except as may be required by the 1940 Act, such other bases and times for determining the per share asset value of the Trust's ’s Shares or net income, or the declaration and payment of dividends and distributions as they may deem necessary or desirable for any reason, including to enable the Trust to comply with any provision of the 1940 Act, or any securities exchange or association registered under the Securities Exchange Act of 1934, or any order of exemption issued by the Commission, all as in effect now or hereafter amended or modified.

Appears in 1 contract

Samples: Agreement and Declaration of Trust (Highland Credit Strategies Fund)

Power to Modify Foregoing Procedures. Notwithstanding any of the foregoing provisions of this Article IXVII, the Trustees may prescribe, in their absolute discretion except as may be required by the 1940 Act, such other bases and times for determining the per share net asset value of the Trust's ’s Shares or net income, or the declaration and payment of dividends and distributions as they may deem necessary or desirable for any reason, including to enable the Trust to comply with any provision of the Code, the 1940 Act, or any securities exchange or association registered under the Securities Exchange Act of 1934, or any order of exemption issued by the Commission, all as in effect now or hereafter amended or modified.

Appears in 1 contract

Samples: Agreement and Declaration of Trust (Weiss Strategic Interval Fund)

Power to Modify Foregoing Procedures. Notwithstanding any of the foregoing provisions of this Article IXVII, the Trustees may prescribe, in their absolute discretion except as may be required by the 1940 Act, such other bases and times for determining the per share net asset value of each Class of the Trust's ’s Shares or net income, or the declaration and payment of dividends and distributions as they may deem necessary or desirable for any reason, including to enable the Trust to comply with any provision of the Code, the 1940 Act, or any securities exchange or association registered under the Securities Exchange Act of 1934, 1934 or any order of exemption issued by the Commission, all as in effect now or hereafter amended or modified.

Appears in 1 contract

Samples: Transaction Agreement (Vertical Capital Income Fund)

Power to Modify Foregoing Procedures. Notwithstanding any of ------------------------------------ the foregoing provisions of this Article IX, the Trustees may prescribe, in their absolute discretion except as may be required by the 1940 Act, such other bases and times for determining the per share asset value of the Trust's Shares or net income, or the declaration and payment of dividends and distributions as they may deem necessary or desirable for any reason, including to enable the Trust to comply with any provision of the 1940 Act, or any securities exchange or association registered under the Securities Exchange Act of 1934, or any order of exemption issued by the Commission, all as in effect now or hereafter amended or modified.

Appears in 1 contract

Samples: Agreement and Declaration of Trust (Blackrock New York Municipal Income Trust)

Power to Modify Foregoing Procedures. Notwithstanding any of the foregoing provisions of this Article IX7, the Trustees may prescribe, in their absolute discretion except as may be required by the 1940 Act, such other bases and times for determining the per share net asset value of the Trust's ’s, or each Series’ or Class’ Shares or net income, or the declaration and payment of dividends and distributions as they may deem necessary or desirable for any reason, including to enable the Trust to comply with any provision of the 1940 Act, or any securities exchange or association registered under the Securities Exchange Act of 1934, or any order of exemption issued by the Commission, all as in effect now or hereafter amended or modified.

Appears in 1 contract

Samples: Agreement and Declaration of Trust (Morgan Creek Global Funds)

Power to Modify Foregoing Procedures. Notwithstanding any of the foregoing provisions of this Article IX, the Board of Trustees may prescribe, in their its absolute discretion except as may be required by the 1940 Act, such other bases and times for determining the per share asset value of the Trust's ’s Shares or net income, or the declaration and payment of dividends and distributions as they the Board of Trustees may deem necessary or desirable for any reason, including to enable the Trust to comply with any provision of the 1940 Act, or any securities exchange or association registered under the Securities Exchange Act of 1934, or any order of exemption issued by the Commission, all as in effect now or hereafter amended or modified.

Appears in 1 contract

Samples: Agreement and Declaration of Trust (BlackRock Health Sciences Trust II)

Power to Modify Foregoing Procedures. Notwithstanding any of the foregoing provisions of this Article IXX, the Trustees may prescribe, in their absolute discretion except as may be required by the 1940 Act, such other bases and times for determining the per share Unit asset value of the Trust's Shares Units or net income, or the declaration and payment of dividends and distributions as they may deem necessary or desirable for any reason, including to enable the Trust to comply with any provision of the 1940 Act, or any securities exchange or association registered under the Securities Exchange Act of 1934, or any order of exemption issued by the Commission, all as in effect now or hereafter amended or modified.

Appears in 1 contract

Samples: Agreement and Declaration of Trust (NT Equity Long/Short Strategies Fund)

Power to Modify Foregoing Procedures. Notwithstanding any of the foregoing provisions of this Article IXVII, the Trustees may prescribe, in their absolute discretion except as may be required by the 1940 Act, such other bases and times for determining the per share net asset value of each Class of the Trust's ’s Shares or net income, or the declaration and payment of dividends and distributions as they may deem necessary or desirable for any reason, including to enable the Trust to comply with any provision of the Code, the 1940 Act, or any securities exchange or association registered under the Securities Exchange Act of 1934, as amended, or any order of exemption issued by the Commission, all as in effect now or hereafter amended or modified.

Appears in 1 contract

Samples: Agreement and Declaration of Trust (Calamos Aksia Private Equity & Alternatives Fund)

Power to Modify Foregoing Procedures. Notwithstanding any of the foregoing provisions of this Article IX, the Trustees may prescribe, in their absolute discretion except as may be required by the 1940 Act, such other bases and times for determining the per share asset value of the Trust's ’s Shares or net income, or the declaration and payment of dividends and distributions as they may deem necessary or desirable for any reason, including to enable the Trust to comply with any provision of the 1940 Act, or any securities exchange or association registered under the Securities Exchange Act of 1934, or any order of exemption issued by the Commission, all as in effect now or hereafter amended or modified...

Appears in 1 contract

Samples: Agreement and Declaration of Trust (Cbre Global Real Estate Income Fund)

Power to Modify Foregoing Procedures. Notwithstanding any of the foregoing provisions of this Article IX, the Trustees may prescribe, in their absolute discretion except as may be required by the 1940 Act, such other bases and times for determining the per share asset value of the Trust's Shares or net income, or the declaration and payment of dividends and distributions as they may deem necessary or desirable for any reason, including to enable the Trust to comply with any provision of the 1940 Act, or any securities exchange or association registered under the Securities Exchange Act of 1934, or any order of exemption issued by the Commission, all as in effect now or hereafter amended or modified.. ARTICLE X Shareholders

Appears in 1 contract

Samples: Second Amended and Restated Agreement and Declaration of Trust (Blackrock Allocation Target Shares)

Power to Modify Foregoing Procedures. Notwithstanding any of the foregoing provisions of this Article IX, the Board of Trustees may prescribe, in their its absolute discretion except as may be required by the 1940 Act, such other bases and times for determining the per share asset value of the Trust's Shares or net income, or the declaration and payment of dividends and distributions as they the Board of Trustees may deem necessary or desirable for any reason, including to enable the Trust to comply with any provision of the 1940 Act, or any securities exchange or association registered under the Securities Exchange Act of 1934, or any order of exemption issued by the Commission, all as in effect now or hereafter amended or modified.

Appears in 1 contract

Samples: Agreement and Declaration of Trust (BlackRock Capital Allocation Trust)

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