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 other applicable law, 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 (Federated Hermes Core Trust III), Agreement and Declaration of Trust (Federated Hermes Core Trust III), Agreement and Declaration of Trust (Federated Hermes Core Trust III)

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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 other applicable lawthe Exchange Act, or any order of exemption issued by the Commission, or the Code, all as in effect now or hereafter amended or modified.

Appears in 5 contracts

Samples: Agreement and Declaration of Trust (A&Q Multi-Strategy Fund), Agreement and Declaration of Trust (UBS Enso Fund), Agreement and Declaration of Trust (DeGreen Emerging Market Managers Fund)

Power to Modify Foregoing Procedures. Notwithstanding any of the foregoing provisions of this Article IX, the Trustees may prescribe, in their absolute sole 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 incomeNet Profit, 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 other applicable lawthe Exchange Act, or any order of exemption issued by the Commission, or the Code, all as in effect now or hereafter amended or modified.

Appears in 4 contracts

Samples: Agreement and Declaration of Trust (Paramount Access Fund), Agreement and Declaration of Trust (Paramount Institutional Access Fund), Agreement and Declaration of Trust (Paramount Access 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 other applicable lawthe Exchange Act, or any order of exemption issued by the Commission, or the Code, all as in effect now or hereafter amended or modified.

Appears in 4 contracts

Samples: Agreement and Declaration of Trust (A&Q Masters Fund), Agreement and Declaration of Trust (O'Connor Fund of Funds: Masters), Agreement and Declaration of Trust (Central Park Group Multi-Event 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 Actdiscretion, 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 other applicable lawsecurities 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 4 contracts

Samples: Agreement and Declaration of Trust (Pacific Select Fund), Agreement and Declaration of Trust (Pacific Select Fund), Agreement and Declaration of Trust (Pacific Select 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 other applicable lawthe Exchange Act, or any order of exemption issued by the Commission, all as in effect now or hereafter amended or modified.

Appears in 3 contracts

Samples: Agreement and Declaration of Trust (Advantage Advisers Multi - Sector Fund I), Agreement and Declaration of Trust (Advantage Advisers Multi - Sector Fund I), Agreement and Declaration of Trust (Advantage Advisers Multi - Sector Fund I)

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 Investment Company 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 Investment Company Act, or any other applicable law, securities exchange or association registered under the Exchange Act 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 (Carlyle Secured Lending III), Agreement and Declaration of Trust (Carlyle Secured Lending III)

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 TrustCompany’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 Company to comply with any provision of the 1940 Act, or any other applicable lawsecurities exchange or association registered under the Exchange Act, or any order of exemption issued by the Commission, all as in effect now or hereafter amended or modified.

Appears in 2 contracts

Samples: Trust Agreement (Pershing Square USA, Ltd.), Agreement and Declaration of Trust (Pershing Square USA, Ltd.)

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Power to Modify Foregoing Procedures. Notwithstanding any of the foregoing provisions of this Article IXVIII, the Trustees may prescribe, in their absolute discretion except as may be required by the 1940 Actdiscretion, 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 other applicable lawsecurities 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 2 contracts

Samples: Agreement and Declaration of Trust (Pimco Funds Equity Advisors Series), Agreement and Declaration of Trust (Pimco Advisors Institutional Funds)

Power to Modify Foregoing Procedures. Notwithstanding any of the foregoing provisions of this Article IXVIII, 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 other applicable lawsecurities exchange or association registered under the Exchange Act, or any order of exemption issued by the CommissionSEC, all as in effect now or hereafter amended or modified.

Appears in 1 contract

Samples: Trust Agreement (Little Harbor MultiStrategy Composite Fund)

Power to Modify Foregoing Procedures. Notwithstanding any of the foregoing provisions of this Article IXVIII, but subject to the requirements of the Code and the Regulations thereunder, the Trustees may prescribe, in their absolute discretion except as may be required by the 1940 Actdiscretion, such other bases and times for determining the per share asset value net income and net assets of the Trust’s Shares or net income, or the declaration and payment allocation of dividends and distributions income to the Holders of Units in the Trust as they may deem necessary or desirable for any reason, including to enable the Trust to comply with any provision applicable provisions of the 1940 Act, or any other applicable law, 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 (Ubs Relationship Funds)

Power to Modify Foregoing Procedures. Notwithstanding any of the ------------------------------------ foregoing provisions of this Article IXVIII, but subject to the requirements of the Code and the Regulations thereunder, the Trustees may prescribe, in their absolute discretion except as may be required by the 1940 Actdiscretion, such other bases and times for determining the per share asset value net income and net assets of the Trust’s Shares or net income, the allocation of income or the declaration and payment of dividends and distributions to the Holders of Units in the Trust as they may deem necessary or desirable for any reason, including to enable the Trust to comply with any provision applicable provisions of the 1940 Act, or any other applicable law, 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 (Brinson Relationship Funds)

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 other applicable lawsecurities 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: Trust Agreement (Explorer Institutional Trust)

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