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 V, 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 Company’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 Company to comply with any provision of the 1940 Act, federal securities laws, state securities laws, or any securities exchange or association registered under the Securities Exchange Act of 1934, as amended, or any order of exemption issued by the SEC, all as in effect now or hereafter amended or modified.

Power to Modify Foregoing Procedures. Notwithstanding any of the foregoing provisions of this Article V, 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 Company’s Shares or net income, or the declaration and payment of dividends and distributions distributions, as they may deem necessary or desirable for any reason, including to enable the Company to comply with any provision of the 1940 Act, federal securities laws, state securities laws, or any securities exchange or association registered under the Securities Exchange Act of 1934, as amended, or any order of exemption issued by the SEC, all as in effect now or hereafter amended or modified.

Power to Modify Foregoing Procedures. Notwithstanding any of the foregoing provisions of this Article VIX, 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 CompanyTrust’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 Company Trust to comply with any provision of the 1940 Act, federal securities laws, state securities laws, or any securities exchange or association registered under the Securities Exchange Act of 1934, as amended, or any order of exemption issued by the SECCommission, all as in effect now or hereafter amended or modified.

Power to Modify Foregoing Procedures. Notwithstanding any of the foregoing provisions of this Article VX, the Trustees may prescribe, in their absolute discretion discretion, except as may be required by the 1940 ActAct (if then applicable to the Trust), such other bases and times for determining the per share Unit asset value of the CompanyTrust’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 Company Trust to comply with any provision of the 1940 Act, federal securities laws, state securities lawsAct (if then applicable to the Trust), or any securities exchange or association registered under the Securities Exchange Act of 1934, as amended, or any order of exemption issued by the SECCommission, all as in effect now or hereafter amended or modified.

Power to Modify Foregoing Procedures. Notwithstanding any of the foregoing provisions of this Article VVII, 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 determination of the per share net asset value of the Company’s Shares or net incomeof any Series as may be permitted by, or the declaration and payment of dividends and distributions as they may deem necessary or desirable for any reason, including to enable the Company Trust to comply with with, any provision of the 1940 Act, federal securities laws, state securities lawsany rule or regulation thereunder (including any rule or regulation adopted pursuant to Section 22 of the 1940 Act, or any successor section, by the Commission or any securities association or exchange or association registered under the Securities Exchange Act of 1934, as amended, ) or any order of exemption issued by the SECCommission, all as in effect now or as hereafter amended or modified.