Provisions in Conflict with Law or Regulations. (a) The provisions of this Declaration of Trust are severable, and if the Board of Trustees shall determine, with the advice of counsel, that any of such provisions is in conflict with the 1940 Act, the Code, the DSTA, or with other applicable laws and regulations, the conflicting provision shall be deemed not to have constituted a part of this Declaration of Trust from the time when such provisions became inconsistent with such laws or regulations; provided, however, that such determination shall not affect any of the remaining provisions of this Declaration of Trust or render invalid or improper any action taken or omitted prior to such determination. (b) If any provision of this Declaration of Trust shall be held invalid or unenforceable in any jurisdiction, such invalidity or unenforceability shall attach only to such provision in such jurisdiction and shall not in any manner affect such provision in any other jurisdiction or any other provision of this Declaration of Trust in any jurisdiction.
Appears in 264 contracts
Samples: Agreement and Declaration of Trust (Grayscale Funds Trust), Declaration of Trust (Lincoln Funds Trust), Agreement and Declaration of Trust (Kurv ETF Trust)
Provisions in Conflict with Law or Regulations. (a) The provisions of this the Declaration of Trust are severable, and if the Board of Trustees shall determine, with the advice of counsel, that any of such provisions is in conflict with the 1940 Act, the Code, regulated investment company provisions of the DSTA, Internal Revenue Code or with other applicable laws and regulations, the conflicting provision shall be deemed not never to have constituted a part of this the Declaration of Trust from the time when such provisions became inconsistent with such laws or regulationsTrust; provided, however, that such determination shall not affect any of the remaining provisions of this the Declaration of Trust or render invalid or improper any action taken or omitted prior to such determination.
(b) If any provision of this the Declaration of Trust shall be held invalid or unenforceable in any jurisdiction, such invalidity or unenforceability shall attach only to such provision in such jurisdiction and shall not in any manner affect such provision in any other jurisdiction or any other provision of this the Declaration of Trust in any jurisdiction.
Appears in 154 contracts
Samples: Agreement and Declaration of Trust (Brandes Investment Trust), Trust Agreement (Connors Funds), Trust Agreement (Axonic Funds)
Provisions in Conflict with Law or Regulations. (a) The provisions of this the Declaration of Trust are severable, and if the Board of Trustees shall determine, with the advice of counsel, that any of such provisions provision is in conflict with the 1940 Act, the Coderegulated investment company provisions of the Internal Revenue Code of 1986, as amended (or any successor statute thereto), and the regulations thereunder, the DSTA, Delaware Act or with other applicable federal laws and regulations, the conflicting provision shall be deemed not never to have constituted a part of this the Declaration of Trust from the time when such provisions became inconsistent with such laws or regulationsTrust; provided, however, that such determination shall not affect any of the remaining provisions of this the Declaration of Trust or render invalid or improper any action taken or omitted prior to such determination.
(b) If any provision of this the Declaration of Trust shall be held invalid or unenforceable in any jurisdiction, such invalidity or unenforceability shall attach only to such provision in such jurisdiction and shall not in any manner affect such provision in any other jurisdiction or any other provision of this the Declaration of Trust in any jurisdiction.
Appears in 115 contracts
Samples: Agreement and Declaration of Trust (Exchange Place Advisors Trust), Agreement and Declaration of Trust (Calamos Antetokounmpo Sustainable Equities Trust), Agreement and Declaration of Trust (Calamos Antetokounmpo Sustainable Equities Trust)
Provisions in Conflict with Law or Regulations. (a) The provisions of this the Declaration of Trust are severable, and if the Board of Trustees shall determine, with the advice of counsel, that any of such provisions is in conflict with the 1940 Act, the Code, regulated investment company provisions of the DSTA, Internal Revenue Code or with other applicable federal laws and regulations, the conflicting provision shall be deemed not never to have constituted a part of this the Declaration of Trust from the time when such provisions became inconsistent with such laws or regulationsTrust; provided, however, that such determination shall not affect any of the remaining provisions of this the Declaration of Trust or render invalid or improper any action taken or omitted prior to such determination.
(b) If any provision of this the Declaration of Trust shall be held invalid or unenforceable in any jurisdiction, such invalidity or unenforceability shall attach only to such provision in such jurisdiction and shall not in any manner affect such provision in any other jurisdiction or any other provision of this the Declaration of Trust in any jurisdiction.
Appears in 88 contracts
Samples: Amendment to Agreement and Declaration of Trust (Vanguard Municipal Bond Funds), Amendment to Agreement and Declaration of Trust (Vanguard CMT Funds), Agreement and Declaration of Trust (Vanguard Charlotte Funds)
Provisions in Conflict with Law or Regulations. (a) The provisions of this Declaration of Trust are severable, and if the Board of Trustees shall determine, with the advice of counsel, that any of such provisions is provision, in conflict whole or in part, conflicts with the 1940 Act, the regulated investment company provisions of the Code, and the DSTAregulations thereunder, the Delaware Act or with other applicable laws and regulations, the conflicting provision provision, or the conflicting part or parts thereof, shall be deemed not to have constituted constitute a part of this Declaration of Trust from the time when such provisions became inconsistent with such laws or regulationsDeclaration; provided, however, that such determination shall not affect any of the remaining provisions of this Declaration of Trust or render invalid or improper any action taken or omitted prior to such determination.
(b) If any provision of this Declaration of Trust shall be held invalid or unenforceable unenforceable, in whole or in part, in any jurisdiction, such invalidity or unenforceability shall attach only to such provision provision, or such part or parts thereof, in such jurisdiction and shall not in any manner affect such provision in any other jurisdiction or any other provision of this Declaration of Trust in any jurisdiction.
Appears in 85 contracts
Samples: Trust Agreement (Global X Venture Fund), Trust Agreement (Pioneer CoreTrust I), Trust Agreement (City National Rochdale Strategic Credit Fund)
Provisions in Conflict with Law or Regulations. (a) The provisions of this the Declaration of Trust are severable, and if the Board of Trustees shall determine, with the advice of counsel, that any of such provisions provision is in conflict with the 1940 Act, the Coderegulated investment company provisions of the Internal Revenue Code of 1986, as amended (or any successor statute thereto), and the regulations thereunder, the DSTA, Delaware Act or with other applicable federal laws and regulations, the conflicting provision shall be deemed not never to have constituted a part of this the Declaration of Trust from the time when such provisions became inconsistent with such laws or regulations; Trust, provided, however, that such determination shall not affect any of the remaining provisions of this the Declaration of Trust or render invalid or improper any action taken or omitted prior to such determination.
(b) If any provision of this the Declaration of Trust shall be held invalid or unenforceable in any jurisdiction, such invalidity or unenforceability shall attach only to such provision in such jurisdiction and shall not in any manner affect such provision in any other jurisdiction or any other provision of this the Declaration of Trust in any jurisdiction.
Appears in 80 contracts
Samples: Agreement and Declaration of Trust (Stone Ridge Trust), Agreement and Declaration of Trust (Fairway Private Markets Fund), Amended and Restated Agreement and Declaration of Trust (Meketa Infrastructure Fund)
Provisions in Conflict with Law or Regulations. (a) The provisions of this Declaration of Trust are severable, and if the Board of Trustees shall determine, with the advice of counsel, that any of such provisions is in conflict with the 1940 Act, the Code, the DSTADBTA, or with other applicable laws and regulations, the conflicting provision shall be deemed not to have constituted a part of this Declaration of Trust from the time when such provisions became inconsistent with such laws or regulations; provided, however, that such determination shall not affect any of the remaining provisions of this Declaration of Trust or render invalid or improper any action taken or omitted prior to such determination.
(b) If any provision of this Declaration of Trust shall be held invalid or unenforceable in any jurisdiction, such invalidity or unenforceability shall attach only to such provision in such jurisdiction and shall not in any manner affect such provision in any other jurisdiction or any other provision of this Declaration of Trust in any jurisdiction.
Appears in 37 contracts
Samples: Agreement and Declaration of Trust (Gold Prospector Funds), Agreement and Declaration of Trust (Barrett Funds), Trust Agreement (Igam Group Funds)
Provisions in Conflict with Law or Regulations. (a) The provisions of this the Declaration of Trust are severable, and if the Board of Trustees shall determine, with the advice of counsel, that any of such provisions provision is in conflict with the 1940 Act, the Code, regulated investment company provisions of the DSTA, Internal Revenue Code or with other applicable laws and regulations, the conflicting provision shall be deemed not never to have constituted a part of this the Declaration of Trust from the time when such provisions became inconsistent with such laws or regulationsTrust; provided, provided however, that such determination shall not affect any of the remaining provisions of this the Declaration of Trust or render invalid or improper any action taken or omitted prior to such determination.
(b) If any provision of this the Declaration of Trust shall be held invalid or unenforceable in any jurisdiction, such invalidity or unenforceability shall attach only to such provision in such jurisdiction and shall not in any manner affect such provision in any other jurisdiction or any other provision of this the Declaration of Trust in any jurisdiction.
Appears in 29 contracts
Samples: Agreement and Declaration of Trust (Texas Capital Funds Trust), Trust Agreement (Themes ETF Trust), Agreement and Declaration of Trust (Wilshire Private Assets Tender Fund)
Provisions in Conflict with Law or Regulations. (a) The provisions of this Declaration of Trust are severable, and if the Board of Trustees shall determine, with the advice of counsel, that any of such provisions provision is in conflict with the 1940 Act, the Coderegulated investment company provisions of the Internal Revenue Code of 1986, as amended (or any successor statute thereto), and the regulations thereunder, the DSTA, Delaware Act or with other applicable laws and regulations, the conflicting provision shall be deemed not never to have constituted a part of this Declaration of Trust from the time when such provisions became inconsistent with such laws or regulationsTrust; provided, however, that such determination decision shall not affect any of the remaining provisions of this Declaration of Trust or render invalid or improper any action taken or omitted prior to such determination.
(b) If any provision of this Declaration of Trust shall be held invalid or unenforceable in any jurisdiction, such invalidity or unenforceability shall attach only to such provision in such jurisdiction and shall shall, not in any manner affect such provision in any other jurisdiction or any other provision of this Declaration of Trust in any jurisdiction.
Appears in 27 contracts
Samples: Declaration of Trust (Allianz Variable Insurance Products Fund of Funds Trust), Agreement and Declaration of Trust (Evergreen Municipal Trust /De/), Agreement and Declaration of Trust (Evergreen Select Money Market Trust)
Provisions in Conflict with Law or Regulations. (a) The provisions of this Declaration of Trust are severable, and if the Board of Trustees shall determine, with the advice of counsel, that any of such provisions is in conflict with the 1940 Act, the Code, the DSTADelaware Act, or with other applicable laws and regulations, the conflicting provision shall be deemed not to have constituted a part of this Declaration of Trust from the time when such provisions became inconsistent with such laws or regulations; provided, however, that such determination shall not affect any of the remaining provisions of this Declaration of Trust or render invalid or improper any action taken or omitted prior to such determination.
(b) If any provision of this Declaration of Trust shall be held invalid or unenforceable in any jurisdiction, such invalidity or unenforceability shall attach only to such provision in such jurisdiction and shall not in any manner affect such provision in any other jurisdiction or any other provision of this Declaration of Trust in any jurisdiction.
Appears in 26 contracts
Samples: Agreement and Declaration of Trust (Pop Venture Fund), Agreement and Declaration of Trust (Pop Venture Fund), Agreement and Declaration of Trust (Axxes Private Markets Fund)
Provisions in Conflict with Law or Regulations. (a) The provisions of this Declaration of Trust are severable, and if the Board of Trustees shall determine, with the advice of counsel, that any of such provisions provision is in conflict with the 1940 Act, the regulated investment company provisions of the Code, and the DSTAregulations thereunder, the Delaware Act or with other applicable laws and regulations, the conflicting provision shall be deemed not never to have constituted a part of this Declaration of Trust from the time when such provisions became inconsistent with such laws or regulationsTrust; provided, however, that such determination shall not affect any of the remaining provisions of this Declaration of Trust or render invalid or improper any action taken or omitted prior to such determination.
(b) If any provision of this Declaration of Trust shall be held invalid or unenforceable in any jurisdiction, such invalidity or unenforceability shall attach only to such provision in such jurisdiction and shall not in any manner affect such provision in any other jurisdiction or any other provision of this Declaration of Trust in any jurisdiction.
Appears in 25 contracts
Samples: Agreement and Declaration of Trust (NYLI MacKay DefinedTerm Muni Opportunities Fund), Agreement and Declaration of Trust (MainStay MacKay DefinedTerm Municipal Opportunities Fund), Trust Agreement (MainStay CBRE Global Infrastructure Megatrends Term Fund)
Provisions in Conflict with Law or Regulations. (a) The provisions of this Declaration of Trust are severable, and if the Board of Trustees shall determine, with the advice of counsel, that any of such provisions is in conflict with requirements of the 1940 Act, would be inconsistent with any of the Code, conditions necessary for qualification of the DSTA, Trust as a regulated investment company under the Code or is inconsistent with other applicable laws and regulations, the conflicting such provision shall be deemed not never to have constituted a part of this Declaration of Trust from the time when such provisions became inconsistent with such laws or regulations; providedDeclaration, however, provided that such determination shall not affect any of the remaining provisions of this Declaration of Trust or render invalid or improper any action taken or omitted prior to such determination.
(b) If any provision of this Declaration of Trust shall be held invalid or unenforceable in any jurisdiction, such invalidity or unenforceability shall attach only to such provision in such jurisdiction and shall not in any manner affect such provision in any other jurisdiction or any other provision of this Declaration of Trust in any jurisdiction.
Appears in 22 contracts
Samples: Agreement and Declaration of Trust (83 Investment Group Income Fund), Declaration and Agreement of Trust (Coatue CTEK Fund), Agreement and Declaration of Trust (83 Investment Group Income Fund)
Provisions in Conflict with Law or Regulations. (a) The provisions of this Declaration of Trust are severable, and if the Board of Trustees shall determine, with the advice of counsel, that any of such provisions is in conflict with the 1940 Act, the Code, the DSTA, Delaware Act or with other applicable laws and regulations, the conflicting provision shall be deemed not never to have constituted a part of this Declaration of Trust from the time when such provisions became inconsistent with such laws or regulationsTrust; provided, however, that such determination shall not affect any of the remaining provisions of this Declaration of Trust or render invalid or improper any action taken or omitted prior to such determination.
(b) If any provision of this Declaration of Trust shall be held invalid or unenforceable in any jurisdiction, such invalidity or unenforceability shall attach only to such provision in such jurisdiction and shall not in any manner affect such provision in any other jurisdiction or any other provision of this Declaration of Trust in any jurisdiction.
Appears in 17 contracts
Samples: Trust Agreement (Strive American Energy Income Fund), Agreement and Declaration of Trust (New Age Alpha Funds Trust), Trust Agreement (New Age Alpha Variable Funds Trust)
Provisions in Conflict with Law or Regulations. (a) The provisions of this the Declaration of Trust are severable, and if the Board of Trustees shall determine, with the advice of counsel, that any of such provisions is in conflict with the 1940 Investment Company Act, the Code, regulated investment company provisions of the DSTA, Internal Revenue Code or with other applicable laws and regulations, the conflicting provision shall be deemed not never to have constituted a part of this the Declaration of Trust from the time when such provisions became inconsistent with such laws or regulationsTrust; provided, however, that such determination shall not affect any of the remaining provisions of this the Declaration of Trust or render invalid or improper any action taken or omitted prior to such determination.
(b) If any provision of this the Declaration of Trust shall be held invalid or unenforceable in any jurisdiction, such invalidity or unenforceability shall attach only to such provision in such jurisdiction and shall not in any manner affect such provision in any other jurisdiction or any other provision of this the Declaration of Trust in any jurisdiction.
Appears in 16 contracts
Samples: Declaration of Trust (City National Rochdale Funds), Agreement and Declaration of Trust (Sa Funds Investment Trust), Agreement and Declaration of Trust (Metropolitan West Funds)
Provisions in Conflict with Law or Regulations. (a) The provisions of this Declaration of Trust are severable, and if the Board of Trustees shall determine, with the advice of counsel, that any of such provisions is in conflict with the 1940 Act, the Code, the DSTA, or with other applicable laws and regulations, the conflicting provision shall be deemed not to have constituted a part of this Declaration of Trust from the time when such provisions became inconsistent with such laws or regulations; providedPROVIDED, howeverHOWEVER, that such determination shall not affect any of the remaining provisions of this Declaration of Trust or render invalid or improper any action taken or omitted prior to such determination.
(b) If any provision of this Declaration of Trust shall be held invalid or unenforceable in any jurisdiction, such invalidity or unenforceability shall attach only to such provision in such jurisdiction and shall not in any manner affect such provision in any other jurisdiction or any other provision of this Declaration of Trust in any jurisdiction.
Appears in 15 contracts
Samples: Agreement and Declaration of Trust (Franklin LTD Duration Income Trust), Trust Agreement (Templeton Global Income Fund Inc), Trust Agreement (Franklin Templeton Strategic Income Trust)
Provisions in Conflict with Law or Regulations. (a) The provisions of this Declaration of Trust are severable, and if the Board of Trustees shall determine, with the advice of counsel, that any of such provisions is provision, in conflict whole or in part, conflicts with the 1940 Act, the regulated investment company provisions of the Code, and the DSTAregulations thereunder, the Delaware Act or with other applicable laws and regulations, the conflicting provision provision, or the conflicting part or parts thereof, shall be deemed not to have constituted constitute a part of this Declaration of Trust from the time when such provisions became inconsistent with such laws or regulationsTrust; provided, however, provided however that such determination shall not affect any of the remaining provisions of this Declaration of Trust or render invalid or improper any action taken or omitted prior to such determination.
(b) If any provision of this Declaration of Trust shall be held invalid or unenforceable unenforceable, in whole or in part, in any jurisdiction, such invalidity or unenforceability shall attach only to such provision provision, or such part or parts thereof, in such jurisdiction and shall not in any manner affect such provision in any other jurisdiction or any other provision of this Declaration of Trust in any jurisdiction.
Appears in 14 contracts
Samples: Trust Agreement (Meet Kevin Trust), Trust Agreement (Mason Capital Fund Trust), Agreement and Declaration of Trust (NEOS ETF Trust)
Provisions in Conflict with Law or Regulations. (a) The provisions of this Declaration of Trust Agreement are severable, and if the Board of Trustees Directors shall determine, with the advice of counsel, that any of such provisions is in conflict with the 1940 Act, the regulated investment company provisions of the Code, the DSTAAct or, consistent with Section 11.2, any other applicable Delaware law regarding administration of trusts, or with other applicable laws and regulations, the conflicting provision provisions shall be deemed not superseded by such law or regulation to have constituted a part of this Declaration of Trust from the time when extent necessary to eliminate such provisions became inconsistent with such laws or regulationsconflict; provided, however, that such determination shall not affect any of the remaining provisions of this Declaration of Trust Agreement or render invalid or improper any action taken or omitted prior to such determination.
(b) If any provision of this Declaration of Trust Agreement shall be held invalid or unenforceable in any jurisdiction, such invalidity or unenforceability shall attach pertain only to such provision in such jurisdiction and shall not in any manner affect such provision in any other jurisdiction or any other provision of this Declaration of Trust Agreement in any jurisdiction.
Appears in 11 contracts
Samples: Limited Liability Company Agreement (Master Value Opportunities LLC), Limited Liability Company Agreement (Master Basic Value LLC), Limited Liability Company Agreement (Master Focus Growth LLC)
Provisions in Conflict with Law or Regulations. (a1) The provisions of this the Declaration of Trust are severable, and if the Board of Trustees shall determine, with the advice of counsel, that any of such provisions provision is in conflict with the 1940 Act, the Coderegulated investment company provisions of the Internal Revenue Code of 1986, as amended (or any successor statute thereto), and the regulations thereunder, the DSTA, Delaware Act or with other applicable laws and regulations, the conflicting provision shall be deemed not never to have constituted a part of this the Declaration of Trust from the time when such provisions became inconsistent with such laws or regulationsTrust; provided, however, that such determination shall not affect any of the remaining provisions of this the Declaration of Trust or render invalid or improper any action taken or omitted prior to such determination.
(b2) If any provision of this the Declaration of Trust shall be held invalid or unenforceable in any jurisdiction, such invalidity or unenforceability shall attach only to such provision in such jurisdiction and shall not in any manner affect such provision in any other jurisdiction or any other provision of this the Declaration of Trust in any jurisdiction.
Appears in 10 contracts
Samples: Agreement and Declaration of Trust (Managed Account Series II), Amended Agreement and Declaration of Trust (Merrill Lynch Global Equity Opportunities Fund), Trust Agreement (Master Inflation Protected Trust)
Provisions in Conflict with Law or Regulations. (a) The provisions of this Declaration of Trust are severable, and if the Board of Trustees shall determine, with the advice of counsel, that any of such provisions is in conflict with the 1940 Act, the regulated investment company provisions of the Internal Revenue Code, the DSTA, Delaware Act or with other applicable laws and regulations, the conflicting provision shall be deemed not never to have constituted a part of this Declaration of Trust from the time when such provisions became inconsistent with such laws or regulationsTrust; provided, however, that such determination shall not affect any of the remaining provisions of this Declaration of Trust or render invalid or improper any action taken or omitted prior to such determination.
(b) If any provision of this Declaration of Trust shall be held invalid or unenforceable in any jurisdiction, such invalidity or unenforceability shall attach only to such provision in such jurisdiction and shall not in any manner affect such provision in any other jurisdiction or any other provision of this Declaration of Trust in any jurisdiction.
Appears in 5 contracts
Samples: Agreement and Declaration of Trust (SEI Exchange Traded Funds), Agreement and Declaration of Trust (SEI Exchange Traded Funds), Trust Agreement (SEI Exchange Traded Funds)
Provisions in Conflict with Law or Regulations. (a) The provisions of this Declaration of Trust are severable, and if the Board of Trustees shall determine, with the advice of counsel, that any of such provisions is are in conflict with the 1940 Act, the regulated investment company provisions of the Code, the DSTAAct or, consistent with Section 11.2, any other applicable Delaware law regarding administration of trusts, or with other applicable laws and regulations, the conflicting provision provisions shall be deemed not superseded by such law or regulation to have constituted a part of this Declaration of Trust from the time when extent necessary to eliminate such provisions became inconsistent with such laws or regulationsconflict; provided, however, that such determination shall not affect any of the remaining provisions of this Declaration of Trust or render invalid or improper any action taken or omitted prior to such determination.
(b) If any provision of this Declaration of Trust shall be held invalid or unenforceable in any jurisdiction, such invalidity or unenforceability shall attach pertain only to such provision in such jurisdiction and shall not in any manner affect such provision in any other jurisdiction or any other provision of this Declaration of Trust in any jurisdiction.
Appears in 5 contracts
Samples: Agreement and Declaration of Trust (GoodHaven Funds Trust), Trust Agreement (Underlying Funds Trust), Trust Agreement (Underlying Funds Trust)
Provisions in Conflict with Law or Regulations. (a) The provisions of this Declaration of Trust are severable, and if the Board of Trustees shall determine, with the advice of counsel, that any of such provisions is in conflict with the 1940 Act, the Code, the DSTA, or with other applicable laws and regulations, the conflicting provision shall be deemed not to have constituted a part of this Declaration of Trust from the time when such provisions became inconsistent in conflict with such laws or regulations; provided, however, that such determination shall not affect any of the remaining provisions of this Declaration of Trust or render invalid or improper any action taken or omitted prior to such determination.
(b) If any provision of this Declaration of Trust shall be held invalid or unenforceable in any jurisdiction, such invalidity or unenforceability shall attach only to such provision in such jurisdiction and shall not in any manner affect such provision in any other jurisdiction or any other provision of this Declaration of Trust in any jurisdiction.
Appears in 5 contracts
Samples: Trust Agreement (Bennett Group Master Funds), Agreement and Declaration of Trust (Bennett Global Funds), Agreement and Declaration of Trust (Nationwide Mutual Funds)
Provisions in Conflict with Law or Regulations. (a) 11.5.1 The provisions of this Declaration of Trust are severable, and if the Board of Trustees shall determine, with the advice of counsel, that any of such provisions is in conflict with the 1940 Act, the Coderegulated investment company provisions of the Internal Revenue Code of 1986, the DSTAas amended, or with other applicable laws and regulations, the conflicting provision shall be deemed not never to have constituted a part of this Declaration of Trust from the time when such provisions became inconsistent with such laws or regulationsTrust; provided, however, that such determination shall not affect any of the remaining provisions of this Declaration of Trust or render invalid or improper any action taken or omitted prior to such determination.
(b) 11.5.2 If any provision of this Declaration of Trust shall be held invalid or unenforceable in any jurisdiction, such invalidity or unenforceability shall attach only to such provision in such jurisdiction and shall not in any manner affect such provision in any other jurisdiction or any other provision of this Declaration of Trust in any jurisdiction.
Appears in 5 contracts
Samples: Agreement and Declaration of Trust (Manager Directed Portfolios), Agreement and Declaration of Trust (Manager Directed Portfolios), Agreement and Declaration of Trust (Manager Directed Portfolios)
Provisions in Conflict with Law or Regulations. (a) The provisions of this Declaration of Trust are severable, and if the Board of Trustees shall determine, with the advice of counsel, that any of such provisions is in conflict with the 1940 Act, the regulated investment company provisions of the Internal Revenue Code, the DSTA, laws of The Commonwealth of Massachusetts or with other applicable laws and regulations, the conflicting provision provisions shall be deemed not superseded by such law or regulation to have constituted a part of this Declaration of Trust from the time when extent necessary to eliminate such provisions became inconsistent with such laws or regulationsconflict; provided, however, that such determination shall not affect any of the remaining provisions of this Declaration of Trust or render invalid or improper any action taken or omitted prior to such determination.
(b) . If any provision of this Declaration of Trust shall be held invalid or unenforceable in any jurisdiction, such invalidity or unenforceability shall attach pertain only to such provision in such jurisdiction and shall not in any manner affect such provision in any other jurisdiction or any other provision of this Declaration of Trust in any jurisdiction.
Appears in 4 contracts
Samples: Agreement and Declaration of Trust (John Hancock Variable Insurance Trust), Agreement and Declaration of Trust (John Hancock Variable Insurance Trust), Agreement and Declaration of Trust (North American Funds)
Provisions in Conflict with Law or Regulations. (a) The provisions of this Declaration of Trust are severable, and if the Board of Trustees shall determine, with the advice of counsel, that any of such provisions provision is in conflict with the 1940 Act, the Coderegulated investment company provisions of the Internal Revenue Code of 1986, as amended (or any successor statute thereto), and the regulations thereunder, the DSTA, Delaware Act or with other applicable laws and regulations, the conflicting provision shall be deemed not never to have constituted a part of this Declaration of Trust from the time when such provisions became inconsistent with such laws or regulationsTrust; provided, however, that such determination decision shall not affect any of the remaining provisions of this Declaration of Trust or render invalid or improper any action taken or omitted prior to such determination.
(b) If any provision of this Declaration of Trust shall be held invalid or unenforceable in any jurisdiction, such invalidity or unenforceability shall attach only to such provision in such jurisdiction and shall not in any manner affect such provision in any other jurisdiction or any other provision of this Declaration of Trust in any jurisdiction.
Appears in 4 contracts
Samples: Second Amended and Restated Agreement and Declaration of Trust (Evergreen Global Dividend Opportunity Fund), Agreement and Declaration of Trust (Evergreen Global Dividend Opportunity Fund), Trust Agreement (Evergreen Global Dividend Opportunity Fund)
Provisions in Conflict with Law or Regulations. (a) The provisions of this the Declaration of Trust are severable, and if the Board of Trustees shall determine, with the advice of counsel, that any of such provisions is in conflict with the 1940 Act, the Code, regulated investment company provisions of the DSTA, Internal Revenue Code or with other applicable laws and regulations, the conflicting provision shall be deemed not never to have constituted a part of this the Declaration of Trust from the time when such provisions became inconsistent with such laws or regulationsTrust; provided, provided however, that such determination shall not affect any of the remaining provisions of this Declaration the declaration of Trust or render invalid or improper any action taken or omitted prior to such determination.
(b) If any provision of this the Declaration of Trust shall be held invalid or unenforceable in any jurisdiction, such invalidity or unenforceability shall attach only to such provision in such jurisdiction and shall not in any manner affect such provision in any other jurisdiction or any other provision of this the Declaration of Trust in any jurisdiction.
Appears in 3 contracts
Samples: Agreement and Declaration of Trust (Managed Portfolio Series), Agreement and Declaration of Trust (Managed Portfolio Series), Agreement and Declaration of Trust (Managed Portfolio Series)
Provisions in Conflict with Law or Regulations. (a) The provisions of this Declaration of Trust Trust, are severable, and if the Board of Trustees shall determine, with the advice of counsel, that any of such provisions is in the conflict with the 1940 Act, the Code, regulated investment company provisions of the DSTA, Internal Revenue Code or with other applicable laws and regulations, the conflicting provision provisions shall be deemed not never to have constituted a part of this Declaration of Trust from the time when such provisions became inconsistent with such laws or regulations; Trust, provided, however, that such determination shall not affect any of the remaining provisions of this Declaration of Trust or render invalid or improper any action taken or omitted prior to such determination.
(b) If any provision provisions of this Declaration of Trust shall be held invalid or unenforceable in any jurisdiction, such invalidity or unenforceability shall attach only to such provision in such jurisdiction and shall not in any manner affect such provision in any other jurisdiction or any other provision of this Declaration of Trust in any jurisdiction.
Appears in 3 contracts
Samples: Trust Agreement (Broadway Trust), Agreement and Declaration of Trust (Uc Investment Trust), Agreement and Declaration of Trust (Appleton Funds)
Provisions in Conflict with Law or Regulations. (a) The provisions of this Declaration of Trust are severable, and if the Board of Trustees shall determine, with the advice of counsel, that any of such provisions provision is in conflict with the 1940 Act, the Coderegulated investment company provisions of the Code (or any successor statute thereto), and the regulations thereunder, the DSTA, Delaware Act or with other applicable laws and regulations, the conflicting provision shall be deemed not never to have constituted a part of this Declaration of Trust from the time when such provisions became inconsistent with such laws or regulationsTrust; provided, however, that such determination decision shall not affect any of the remaining provisions of this Declaration of Trust or render invalid or improper any action taken or omitted prior to such determination.
(b) If any provision of this Declaration of Trust shall be held invalid or unenforceable in any jurisdiction, such invalidity or unenforceability shall attach only to such provision in such jurisdiction and shall not in any manner affect such provision in any other jurisdiction or any other provision of this Declaration of Trust in any jurisdiction.
Appears in 3 contracts
Samples: Agreement and Declaration of Trust (Met Investors Series Trust), Agreement and Declaration of Trust (Metropolitan Series Fund), Trust Agreement (Metropolitan Series Fund Inc)
Provisions in Conflict with Law or Regulations. (a) The provisions of this Declaration of Trust are severable, and if the Board of Trustees shall determine, with the advice of counsel, that any of such provisions is in conflict with the 1940 Act, the 1934 Act, the Code, the DSTA, DSTA or with any other applicable laws and regulations, the conflicting provision shall be deemed not to have constituted a part of this Declaration of Trust from the time when such provisions became inconsistent with such laws or regulations; provided, however, that such determination shall not affect any of the remaining provisions of this Declaration of Trust or render invalid or improper any action taken or omitted prior to such determination.
(b) . If any provision of this Declaration of Trust shall be held invalid or unenforceable in any jurisdiction, such invalidity or unenforceability shall attach only to such provision in such jurisdiction and shall not in any manner affect such provision in any other jurisdiction or any other provision of this Declaration of Trust in any jurisdiction.
Appears in 3 contracts
Samples: Agreement and Declaration of Trust (Dynamic Alternatives Fund), Agreement and Declaration of Trust (Dynamic Alternatives Fund), Trust Agreement (Dynamic Alternatives Fund)
Provisions in Conflict with Law or Regulations. (a) The provisions of this the Declaration of Trust are severable, and if the Board of Trustees shall determine, with the advice of counsel, that any of such provisions is in conflict with the 1940 Act, the Coderegulated investment company provisions of the Internal Revenue Code of 1986, the DSTA, as amended (or any successor statute) or with other applicable laws and regulations, the conflicting provision shall be deemed not never to have constituted a part of this the Declaration of Trust from the time when such provisions became inconsistent with such laws or regulationsTrust; provided, however, that such determination shall not affect any of the remaining provisions of this the Declaration of Trust or render invalid or improper any action taken or omitted prior to such determination.
(b) If any provision of this the Declaration of Trust shall be held invalid or unenforceable in any jurisdiction, such invalidity or unenforceability shall attach only to such provision in such jurisdiction and shall not in any manner affect such provision in any other jurisdiction or any other provision of this the Declaration of Trust in any jurisdiction.
Appears in 3 contracts
Samples: Agreement and Declaration of Trust (Voya Enhanced Securitized Income Fund), Agreement and Declaration of Trust (Franklin Floating Rate Trust), Agreement and Declaration of Trust (Franklin Floating Rate Trust)
Provisions in Conflict with Law or Regulations. (a) The provisions of this Declaration of Trust are severable, and if the Board of Trustees shall determine, with the advice of counsel, that any of such provisions is in conflict with the 1940 Act, the Code, the DSTA, or with other applicable laws and regulations, the conflicting provision shall be deemed not to have constituted a part of this Declaration of Trust from the time when such provisions became inconsistent with such laws or regulations; regulations; provided, however, that such determination shall not affect any of the remaining provisions of this Declaration of Trust or render invalid or improper any action taken or omitted prior to such determination.
(b) If any provision of this Declaration of Trust shall be held invalid or unenforceable in any jurisdiction, such invalidity or unenforceability shall attach only to such provision in such jurisdiction and shall not in any manner affect such provision in any other jurisdiction or any other provision of this Declaration of Trust in any jurisdiction.
Appears in 3 contracts
Samples: Agreement and Declaration of Trust (Palmer Square Funds Trust), Agreement and Declaration of Trust (Palmer Square Funds Trust), Agreement and Declaration of Trust (SP Funds Trust)
Provisions in Conflict with Law or Regulations. (a) The provisions of this Declaration of Trust are severable, and if the Board of Trustees shall determine, with the advice of counsel, that any of such provisions is in conflict with the 1940 Act, the Code, the DSTADBTA, or with other applicable laws and regulations, the conflicting provision shall be deemed not to have constituted a part of this Declaration of Trust from the time when such provisions became inconsistent with such laws or regulations; providedPROVIDED, howeverHOWEVER, that such determination shall not affect any of the remaining provisions of this Declaration of Trust or render invalid or improper any action taken or omitted prior to such determination.
(b) If any provision of this Declaration of Trust shall be held invalid or unenforceable in any jurisdiction, such invalidity or unenforceability shall attach only to such provision in such jurisdiction and shall not in any manner affect such provision in any other jurisdiction or any other provision of this Declaration of Trust in any jurisdiction.
Appears in 3 contracts
Samples: Trust Agreement (Templeton Developing Markets Trust), Agreement and Declaration of Trust (Franklin Floating Rate Master Trust), Trust Agreement (Templeton Emerging Markets Fund Inc)
Provisions in Conflict with Law or Regulations. (a) The provisions of this the Declaration of Trust are severable, and if the Board of Trustees shall determine, with the advice of counsel, that any of such provisions provision is in conflict with the 1940 Act, the Coderegulated investment company provisions of the Code (as applicable to a Feeder Fund) and the regulations thereunder, the DSTA, Delaware Act or with other applicable federal laws and regulations, the conflicting provision shall be deemed not never to have constituted a part of this the Declaration of Trust from the time when such provisions became inconsistent with such laws or regulations; Trust, provided, however, that such determination shall not affect any of the remaining provisions of this the Declaration of Trust or render invalid or improper any action taken or omitted prior to such determination.
(b) If any provision of this the Declaration of Trust shall be held invalid or unenforceable in any jurisdiction, such invalidity or unenforceability shall attach only to such provision in such jurisdiction and shall not in any manner affect such provision in any other jurisdiction or any other provision of this the Declaration of Trust in any jurisdiction.
Appears in 2 contracts
Samples: Second Amended and Restated Agreement and Declaration of Trust (Stone Ridge Longevity Risk Premium Fixed Income Master Trust), Amended and Restated Agreement and Declaration of Trust (Stone Ridge Longevity Risk Premium Fixed Income Master Trust 2045)
Provisions in Conflict with Law or Regulations. (a) The provisions of this Declaration of Trust are severable, and if the Board of Trustees shall determine, with the advice of counsel, that any of such provisions is in conflict with the 1940 Act, the Code, the DSTA, or with other applicable laws and regulations, the conflicting provision shall be deemed not to have constituted a part of this Declaration of Trust from the time when such provisions became -------------------------------------------------------------------------------- inconsistent with such laws or regulations; provided, however, that such determination shall not affect any of the remaining provisions of this Declaration of Trust or render invalid or improper any action taken or omitted prior to such determination.
(b) If any provision of this Declaration of Trust shall be held invalid or unenforceable in any jurisdiction, such invalidity or unenforceability shall attach only to such provision in such jurisdiction and shall not in any manner affect such provision in any other jurisdiction or any other provision of this Declaration of Trust in any jurisdiction.
Appears in 2 contracts
Samples: Agreement and Declaration of Trust (Gartmore Mutual Funds Iii), Agreement and Declaration of Trust (Gartmore Variable Insurance Trust Iii)
Provisions in Conflict with Law or Regulations. (a) The provisions of this Declaration of Trust are severable, and if the Board of Trustees shall determineshalldetermine, with the advice of counsel, that any of such provisions is in conflict with the 1940 Act1940Act, the Code, the DSTA, or with other applicable laws and regulations, the conflicting provision shall be deemed bedeemed not to have constituted a part of this Declaration of Trust from the time when such provisions became inconsistent becameinconsistent with such laws or regulations; provided, however, that such determination shall not affect any of the remaining theremaining provisions of this Declaration of Trust or render invalid or improper any action taken or omitted prior to priorto such determination.
(b) If any provision of this Declaration of Trust shall be held invalid or unenforceable in any jurisdictionanyjurisdiction, such invalidity or unenforceability shall attach only to such provision in such jurisdiction and shall not shallnot in any manner affect such provision in any other jurisdiction or any other provision of this Declaration of Trust ofTrust in any jurisdiction.
Appears in 2 contracts
Samples: Trust Agreement (Elessar Funds Investment Trust), Trust Agreement (Elessar Funds Investment Trust)
Provisions in Conflict with Law or Regulations. (a) The provisions of this Declaration of Trust are severable, and if the Board of Trustees shall determine, with the advice of counsel, that any of such provisions is in conflict with requirements of the 1940 Act, would be inconsistent with any of the Code, conditions necessary for qualification of the DSTA, Trust as a regulated investment company under the United States Internal Revenue Code or is inconsistent with other applicable laws and regulations, the conflicting such provision shall be deemed not never to have constituted a part of this Declaration of Trust from the time when such provisions became inconsistent with such laws or regulations; providedDeclaration, however, provided that such determination shall not affect any of the remaining provisions of this the Declaration of Trust or render invalid or improper any action taken or omitted prior to such determination.
(b) If any provision of this Declaration of Trust shall be held invalid or unenforceable in any jurisdiction, such invalidity or unenforceability shall attach only to such provision in such jurisdiction and shall not in any manner affect such provision in any other jurisdiction or any other provision of this Declaration of Trust in any jurisdiction.
Appears in 2 contracts
Samples: Agreement and Declaration of Trust (Transamerica Idex Mutual Funds), Declaration of Trust (Aegon/Transamerica Series Trust)
Provisions in Conflict with Law or Regulations. (a) The provisions of this Declaration of Trust are severable, and if the Board of Trustees shall determine, with the advice of counsel, that any of such provisions is are in conflict with the 1940 Act, the Coderegulated investment company provisions of the Internal Revenue Code of 1986, as amended, the DSTA, Delaware Act or with other applicable laws and regulations, the conflicting provision shall be deemed not never to have constituted a part of this Declaration of Trust from the time when such provisions became inconsistent with such laws or regulationsTrust; provided, however, that such determination shall not affect any of the remaining provisions of this Declaration of Trust or render invalid or improper any action taken or omitted prior to such determination.
(b) If any provision of this Declaration of Trust shall be held invalid or unenforceable in any jurisdiction, such invalidity or unenforceability shall attach only to such provision in such jurisdiction and shall not in any manner affect such provision in any other jurisdiction or any other provision of this Declaration of Trust in any jurisdiction.
Appears in 2 contracts
Samples: Agreement and Declaration of Trust (Rimrock Funds Trust), Trust Agreement (Community Development Fund)
Provisions in Conflict with Law or Regulations. (a) The provisions of this Declaration of Trust are severable, and if the Board of Trustees shall determine, with the advice of counsel, that any of such provisions is are in conflict with the 1940 Act, the regulated investment company provisions of the Internal Revenue Code, the DSTA, Delaware Act or with other applicable laws and regulations, the conflicting provision shall be deemed not never to have constituted a part of this Declaration of Trust from the time when such provisions became inconsistent with such laws or regulationsTrust; provided, however, that such determination shall not affect any of the remaining provisions of this Declaration of Trust or render invalid or improper any action taken or omitted prior to such determination.
(b) If any provision of this Declaration of Trust shall be held invalid or unenforceable in any jurisdiction, such invalidity or unenforceability shall attach only to such provision in such jurisdiction and shall not in any manner affect such provision in any other jurisdiction or any other provision of this Declaration of Trust in any jurisdiction.
Appears in 2 contracts
Samples: Agreement and Declaration of Trust (SEI Catholic Values Trust), Agreement and Declaration of Trust (SEI Insurance Products Trust)
Provisions in Conflict with Law or Regulations. (a) The provisions of this Declaration of Trust are severable, and if the Board of Trustees shall determine, with the advice of counsel, that any of such provisions is in conflict with requirements of the 1940 Act, would be inconsistent with any of the Code, conditions necessary for qualification of the DSTA, Trust as a “regulated investment company” within the meaning of Section 851 of the Code or is inconsistent with other applicable laws and regulations, the conflicting such provision shall be deemed not never to have constituted a part of this Declaration of Trust from the time when such provisions became inconsistent with such laws or regulations; providedDeclaration, however, provided that such determination shall not affect any of the remaining provisions of this Declaration of Trust or render invalid or improper any action taken or omitted prior to such determination.
(b) If any provision of this Declaration of Trust shall be held invalid or unenforceable in any jurisdiction, such invalidity or unenforceability shall attach only to such provision in such jurisdiction and shall not in any manner affect such provision in any other jurisdiction or any other provision of this Declaration of Trust in any jurisdiction.
Appears in 2 contracts
Samples: Declaration and Agreement of Trust (Entoro Gray Swan Fund), Declaration and Agreement of Trust (Entoro Gray Swan Fund)
Provisions in Conflict with Law or Regulations. (a) The provisions of ---------------------------------------------- this Declaration of Trust are severable, and and, if the Board of Trustees Trustee shall determine, with the advice of counsel, that any of such provisions is in conflict with the 1940 Act, the Code, the DSTA, or with other any applicable laws and regulations, the conflicting provision shall be deemed not interpreted so as to have constituted a part of this Declaration of Trust from the time when such provisions became inconsistent effectuate as nearly as possible its original intent while complying with such laws applicable law or regulationsregulation; provided, however, that such determination shall not affect any of the remaining provisions of this Declaration of Trust or render invalid or improper any action taken or omitted prior to such determination.
(b) . If any provision of this Declaration of Trust shall be held invalid or unenforceable in any jurisdiction, such invalidity or unenforceability shall attach only to such provision in such jurisdiction and shall not in any manner affect such provision provisions in any other jurisdiction or any other provision of this Declaration of Trust in any jurisdiction.
Appears in 1 contract
Samples: Agreement and Declaration of Trust (Peoples Avenger Fund Business Trust)
Provisions in Conflict with Law or Regulations. (a) The provisions of this Declaration of Trust are severable, and if the Board of Trustees shall determine, with the advice of counsel, that any of such provisions is in conflict with the 1940 Act, the Coderegulated investment company provisions of the Internal Revenue Code of 1986, the DSTAas amended or replaced from time to time, or with other applicable laws and regulations, the conflicting provision shall be deemed not never to have constituted a part of this Declaration of Trust from the time when such provisions became inconsistent with such laws or regulationsTrust; provided, however, that such determination shall not affect any of the remaining provisions of this Declaration of Trust or render invalid or improper any action taken or omitted prior to such determination.
(b) If any provision of this Declaration of Trust shall be held invalid or unenforceable in any jurisdiction, such invalidity or unenforceability shall attach only to such provision in such jurisdiction and shall not in any manner affect such provision in any other jurisdiction or any other provision of this Declaration of Trust in any jurisdiction.
Appears in 1 contract
Provisions in Conflict with Law or Regulations. (a) The provisions of this Declaration of Trust are severable, and if the Board of Trustees shall determine, with the advice of counsel, that any of such provisions is in conflict with the 1940 Act, the Code, the DSTA, or with other applicable laws and regulations, the conflicting provision shall be deemed not to have constituted a part of this Declaration of Trust from the time when such provisions became inconsistent with such laws or regulations; provided, however, that such determination shall not affect any of the remaining provisions of this Declaration of Trust or render invalid or improper any action taken or omitted prior to such determination.
(b) If any provision of this Declaration of Trust shall be held invalid or unenforceable in any jurisdiction, such invalidity or unenforceability shall attach only to such provision in such jurisdiction and shall not in any manner affect such provision in any other jurisdiction or any other provision of this Declaration of Trust in any jurisdiction.. # 3254380 v. 1
Appears in 1 contract
Samples: Agreement and Declaration of Trust (Franklin Federal Tax Free Income Fund)
Provisions in Conflict with Law or Regulations. (a) The provisions of this Amended and Restated Declaration of Trust are severable, and and, if the Board of Trustees shall determine, with the advice of counsel, that any of such provisions is are in conflict with the 1940 Act, the Code, regulated investment company provisions of the DSTA, Internal Revenue Code or with other applicable laws and regulations, the conflicting provision provisions shall be deemed not never to have constituted a part of this Declaration of Trust from the time when such provisions became inconsistent with such laws or regulationsTrust; provided, however, that such determination shall not affect any of the remaining provisions of this Declaration of Trust or render invalid or improper any action taken or omitted prior to such determination.
(b) If any provision of this Amended and Restated Declaration of Trust shall be held invalid or unenforceable in any jurisdiction, such invalidity or unenforceability shall attach pertain only to such provision in such jurisdiction and shall not in any manner affect such provision in any other jurisdiction or any other provision of this Declaration of Trust in any jurisdiction.
Appears in 1 contract
Samples: Agreement and Declaration of Trust (American Century Investment Trust)
Provisions in Conflict with Law or Regulations. (a) The provisions of this Declaration of Trust are severable, and if the Board of Trustees shall determine, with the advice of counsel, that any of such provisions is in conflict with the 1940 Act, the Code, the DSTA, or with other applicable laws and regulations, the conflicting provision shall be deemed not to have constituted a part of this Declaration of Trust from the time when such provisions became inconsistent with such laws or regulations; provided, however, that such determination shall not affect any of the remaining provisions of this Declaration of Trust or render invalid or improper any action taken or omitted prior to such determination.
(b) If any provision of this Declaration of Trust shall be held invalid or unenforceable in any jurisdiction, such invalidity or unenforceability shall attach only to such provision in such jurisdiction and shall not in any manner affect such provision in any other jurisdiction or any other provision of this Declaration of Trust in any jurisdiction.
Appears in 1 contract
Samples: Declaration of Trust (WP Trust)
Provisions in Conflict with Law or Regulations. (a) The provisions of this Declaration of Trust are severable, and if the Board of Trustees shall determine, with the advice of counsel, that any of such provisions is in conflict with the 1940 Act, the Code, the DSTA, or with other applicable laws and regulations, the conflicting provision shall be deemed not to have constituted a part of this Declaration of Trust from the time when such provisions became inconsistent with such laws or regulations; : provided, however, that such determination shall not affect any of the remaining provisions of this Declaration of Trust or render invalid or improper any action taken or omitted prior to such determination.
(b) If any provision of this Declaration of Trust shall be held invalid or unenforceable in any jurisdiction, such invalidity or unenforceability shall attach only to such provision in such jurisdiction and shall not in any manner affect such provision in any other jurisdiction or any other provision of this Declaration of Trust in any jurisdiction.
Appears in 1 contract
Samples: Amended and Restated Agreement and Declaration of Trust (Franklin Templeton Global Trust)
Provisions in Conflict with Law or Regulations. (a) The provisions of this the Declaration of Trust are severable, and if the Board of Trustees shall determine, with the advice of counsel, that any of such provisions is in conflict with the 1940 Act, the Code, regulated investment company provisions of the DSTA, Internal Revenue Code or with other applicable laws and regulations, the conflicting provision provisions shall be deemed not superseded by such law or regulation to have constituted a part of this Declaration of Trust from the time when extent necessary to eliminate such provisions became inconsistent with such laws or regulationsconflict; provided, however, that such determination shall not affect any of the remaining provisions of this the Declaration of Trust or render invalid or improper any action taken or omitted prior to such determination.
(b) If any provision of this the Declaration of Trust shall be held invalid or unenforceable in any jurisdiction, such invalidity or unenforceability shall attach pertain only to such provision in such jurisdiction and shall not in any manner affect such provision in any other jurisdiction or any other provision of this the Declaration of Trust in any jurisdiction.
Appears in 1 contract
Provisions in Conflict with Law or Regulations. (a) The provisions of this Declaration of Trust are severable, and if the Board of Trustees shall determine, with the advice of counsel, that any of such provisions is in conflict with requirements of the 1940 Act, would be inconsistent with any of the Code, conditions necessary for qualification of the DSTA, Trust as a regulated investment company under the Code or is inconsistent with other applicable laws and regulations, the conflicting such provision shall be deemed not never to have constituted a part of this Declaration of Trust from the time when such provisions became inconsistent with such laws or regulations; providedDeclaration, however, PROVIDED that such determination shall not affect any of the remaining provisions of this Declaration of Trust or render invalid or improper any action taken or omitted prior to such determination.
(b) If any provision of this Declaration of Trust shall be held invalid or unenforceable in any jurisdiction, such invalidity or unenforceability shall attach only to such provision in such jurisdiction and shall not in any manner affect such provision in any other jurisdiction or any other provision of this Declaration of Trust in any jurisdiction.
Appears in 1 contract
Provisions in Conflict with Law or Regulations. (a) The provisions of this the Declaration of Trust are severable, and if the Board of Trustees shall determine, with the advice of counsel, that any of such provisions is in conflict with the 1940 Act, the Coderegulated investment company provisions of the Internal Revenue Code of 1986, the DSTA, as amended (or any successor statute) or with other applicable laws and regulations, the conflicting provision shall be deemed not never to have constituted a part of this the Declaration of Trust from the time when such provisions became inconsistent with such laws or regulationsTrust; provided, however, that such determination shall not affect any of the remaining provisions of this the Declaration of Trust or render invalid or improper any action taken or omitted prior to such determination.
(b) . If any provision of this Declaration of Trust shall be held invalid or unenforceable in any jurisdiction, such invalidity or unenforceability shall attach only to such provision in such jurisdiction and shall not in any manner affect such provision in any other jurisdiction or any other provision of this Declaration of Trust in any jurisdiction.
Appears in 1 contract
Samples: Agreement and Declaration of Trust (Pomona Investment Fund)
Provisions in Conflict with Law or Regulations. (a) The provisions of this Declaration of Trust are severable, and if the Board of Trustees shall determine, with the advice of counsel, that any of such provisions is in conflict with the 1940 Act, the Code, the DSTA, or with other applicable laws and regulations, the conflicting provision shall be deemed not to have constituted a part of this Declaration of Trust from the time when such provisions became inconsistent with such laws or regulations; provided, however, that such determination shall not affect any of the remaining provisions of this Declaration of Trust or render invalid or improper any action taken or omitted prior to such determination.
(b) If any provision of this the Declaration of Trust shall be held invalid or unenforceable in any jurisdiction, such invalidity or unenforceability shall attach only to such provision in such jurisdiction and shall not in any manner affect such provision in any other jurisdiction or any other provision of this the Declaration of Trust in any jurisdiction.
(b) The provisions of this Declaration of Trust are severable. If the Trustees determine, with the advice of counsel, that any provision hereof conflicts with the 1940 Act, the applicable regulated investment company provisions of the Internal Revenue Code or with other applicable laws and regulations, the conflicting provision shall be deemed never to have constituted a part of this Declaration of Trust; provided, however, that such determination shall not affect any of the remaining provisions of this Declaration of Trust or render invalid or improper any action taken or omitted prior to such determination. If any provision hereof shall be held invalid or unenforceable in any jurisdiction, such invalidity or unenforceability shall attach only to such provision only in such jurisdiction and shall not affect any other provision of this Declaration of Trust.
Appears in 1 contract
Samples: Agreement and Declaration of Trust (Putnam ETF Trust)
Provisions in Conflict with Law or Regulations. (a) The provisions of this the Declaration of Trust are severable, and if the Board of Trustees shall determine, with the advice of counsel, that any of such provisions is in conflict with the 1940 Investment Company Act, the Code, regulated investment company provisions of the DSTA, Code or with other applicable laws and regulations, the conflicting provision shall be deemed not never to have constituted a part of this the Declaration of Trust from the time when such provisions became inconsistent with such laws or regulationsTrust; provided, however, that such determination shall not affect any of the remaining provisions of this the Declaration of Trust or render invalid or improper any action taken or omitted prior to such determination.
(b) If any provision of this the Declaration of Trust shall be held invalid or unenforceable in any jurisdiction, such invalidity or unenforceability shall attach only to such provision in such jurisdiction and shall not in any manner affect such provision in any other jurisdiction or any other provision of this the Declaration of Trust in any jurisdiction.
Appears in 1 contract
Samples: Agreement and Declaration of Trust (City National Rochdale Funds)
Provisions in Conflict with Law or Regulations. (a) The provisions of this Declaration of Trust are severable, and if . If the Board of Trustees shall determine, with the advice of counsel, that any of such provisions is in conflict conflicts with the 1940 Act, the regulated investment company provisions of the Internal Revenue Code, the DSTA, or with other applicable laws and regulations, the conflicting provision shall be deemed not never to have constituted a part of this Declaration of Trust from the time when such provisions became inconsistent with such laws or regulationsTrust; provided, however, that such determination shall not affect any of the remaining provisions of this Declaration of Trust or render invalid or improper any action taken or omitted prior to such determination.
(b) If any provision of this Declaration of Trust shall be held invalid or unenforceable in any jurisdiction, such invalidity or unenforceability shall attach only to such provision in such jurisdiction and shall not in any manner affect such provision provisions in any other jurisdiction or any other provision of this Declaration of Trust in any jurisdiction.
Appears in 1 contract
Samples: Agreement and Declaration of Trust (Benham Manager Funds)
Provisions in Conflict with Law or Regulations. (a) The provisions of this Declaration ation of Trust are severable, and if the Board of Trustees shall determine, with the advice of counsel, that any of such provisions is in conflict with the 1940 Act, the Code, the DSTA, or with other applicable laws and regulations, the conflicting provision shall be deemed not to have constituted a part of this Declaration of Trust from the time when such provisions became inconsistent with such laws or regulations; provided, however, that such determination shall not affect any of the remaining provisions of this Declaration of Trust or render invalid or improper any action taken or omitted prior to such determination.
(b) If any provision of this Declaration of Trust shall be held invalid or unenforceable in any jurisdiction, such invalidity or unenforceability shall attach only to such provision in such jurisdiction and shall not in any manner affect such provision in any other jurisdiction or any other provision of this Declaration of Trust in any jurisdiction.
Appears in 1 contract
Provisions in Conflict with Law or Regulations. (a) The provisions of this Declaration of Trust are severable, and and, if the Board of Trustees shall determine, with the advice of counsel, that any of such provisions is in conflict with the 1940 Act, the Code, regulated investment company provision of the DSTA, Internal Revenue Code or with other applicable laws and regulations, the conflicting provision shall be deemed not never to have constituted a part of this Declaration of Trust from the time when such provisions became inconsistent with such laws or regulationsTrust; provided, however, that such determination shall not affect any of the remaining provisions of this Declaration of Trust or render invalid or improper any action taken or omitted prior to such determination.
(b) If any provision of this Declaration of Trust shall be held invalid or unenforceable in any jurisdiction, such invalidity or unenforceability shall attach only to such provision in such jurisdiction jurisdictions and shall not in any manner affect such provision provisions in any other jurisdiction or any other provision of this Declaration of Trust in any jurisdiction.
Appears in 1 contract
Samples: Restatement of Amended Agreement and Declaration of Trust (CDC Nvest Companies Trust I)
Provisions in Conflict with Law or Regulations. (a1) The provisions of this Declaration of Trust are severable, and if the Board of Trustees shall determine, with the advice of counsel, that any of such provisions is in conflict with the 1940 Act, the Coderegulated investment company provisions of the Internal Revenue Code of 1986, as amended (or any successor statute thereto), and the regulations thereunder, the DSTA, Delaware Act or with other applicable laws and regulations, the conflicting provision shall be deemed not never to have constituted a part of this the Declaration of Trust from the time when such provisions became inconsistent with such laws or regulationsTrust; provided, however, that such determination shall not affect any of the remaining provisions of this Declaration of Trust or render invalid or improper any action taken or omitted prior to such determination.
(b2) If any provision of this the Declaration of Trust shall be held invalid or unenforceable in any jurisdiction, such invalidity or unenforceability shall attach only to such provision in such jurisdiction and shall not in any manner affect such provision in any other jurisdiction or any other provision of this the Declaration of Trust in any jurisdiction.
Appears in 1 contract
Samples: Agreement and Declaration of Trust (BlackRock Long-Horizon Equity Fund)
Provisions in Conflict with Law or Regulations. (a) The provisions of this Declaration of Trust are severable, and if the Board of Trustees shall determine, with the advice of counsel, that any of such provisions is in conflict with the 1940 Act, the Code, the DSTA, or with other applicable laws and regulations, the conflicting provision shall be deemed not to have constituted a part of this Declaration of Trust from the time when such provisions became inconsistent with such laws or regulations; provided, however, that such determination shall not affect any of the remaining provisions of this Declaration of Trust or render invalid or improper any action taken or omitted prior to such determination.
(b) If any provision of this Declaration of Trust shall be held invalid or unenforceable in any jurisdiction, such invalidity or unenforceability shall attach only to such provision in such jurisdiction and shall not in any manner affect such provision in any other jurisdiction or any other provision of this Declaration of Trust in any jurisdiction.. # 3254740 v. 1
Appears in 1 contract
Samples: Agreement and Declaration of Trust (Franklin Real Estate Securities Trust)
Provisions in Conflict with Law or Regulations. (a) 1. The provisions of this Declaration of Trust are severable, and if the Board of Trustees shall determine, with the advice of counsel, that any of such provisions is in conflict with the 1940 Act, the Code, the DSTADBTA, or with other applicable laws and regulations, the conflicting provision shall be deemed not to have constituted a part of this Declaration of Trust from the time when such provisions became inconsistent with such laws or regulations; provided, however, that such determination shall not affect any of the remaining provisions of this Declaration of Trust or render invalid or improper any action taken or omitted prior to such determination.
(b) 2. If any provision of this Declaration of Trust shall be held invalid or unenforceable in any jurisdiction, such invalidity or unenforceability shall attach only to such provision in such jurisdiction and shall not in any manner affect such provision in any other jurisdiction or any other provision of this Declaration of Trust in any jurisdiction.
Appears in 1 contract
Samples: Amended and Restated Agreement and Declaration of Trust (4 Winds Family of Funds)
Provisions in Conflict with Law or Regulations. (a) The ---------- ---------------------------------------------- provisions of this Declaration of Trust are severable, and if the Board of Trustees shall determine, with the advice of counsel, that any of such provisions is in conflict with the 1940 Act, the Coderegulated investment company provisions of the Internal Revenue Code of 1986, the DSTAas amended or replaced from time to time, or with other applicable laws and regulations, the conflicting provision shall be deemed not never to have constituted a part of this Declaration of Trust from the time when such provisions became inconsistent with such laws or regulationsTrust; provided, -------- however, that such determination shall not affect any of the remaining ------- provisions of this Declaration of Trust or render invalid or improper any action taken or omitted prior to such determination.
(ba) If any provision of this Declaration of Trust shall be held invalid or unenforceable in any jurisdiction, such invalidity or unenforceability shall attach only to such provision in such jurisdiction and shall not in any manner affect such provision in any other jurisdiction or any other provision of this Declaration of Trust in any jurisdiction.
Appears in 1 contract
Samples: Agreement and Declaration of Trust (Vanguard Montgomery Funds)
Provisions in Conflict with Law or Regulations. (a) The provisions of this Declaration of Trust are severable, and if the Board of Trustees shall determine, with the advice of counsel, that any of such provisions is in conflict with requirements of the 1940 Act, would be inconsistent with any of the Code, conditions necessary for qualification of the DSTA, Trust as a regulated investment company under the United States Internal Revenue Code or is inconsistent with other applicable laws and regulations, the conflicting such provision shall be deemed not never to have constituted a part of this Declaration of Trust from the time when such provisions became inconsistent with such laws or regulations; providedDeclaration, however, PROVIDED that such determination shall not affect any of the remaining provisions of this Declaration of Trust or render invalid or improper any action taken or omitted prior to such determination.
(b) If any provision of this Declaration of Trust shall be held invalid or unenforceable in any jurisdiction, such invalidity validity or unenforceability shall attach only to such provision in such jurisdiction and shall not in any manner affect such provision in any other jurisdiction or any other provision of this Declaration of Trust in any jurisdiction.
Appears in 1 contract
Samples: Agreement and Declaration of Trust (Janus Investment Fund)
Provisions in Conflict with Law or Regulations. (a) The provisions of this the Declaration of Trust are severable, and if the Board of Trustees shall determine, with the advice of counsel, that any of such provisions is in conflict with the 1940 Act, the Coderegulated investment company provisions of the Internal Revenue Code of 1986, the DSTA, as amended (or any successor statute) or with other applicable laws and regulations, the conflicting provision shall be deemed not never to have constituted a part of this the Declaration of Trust from the time when such provisions became inconsistent with such laws or regulationsTrust; providedPROVIDED, howeverHOWEVER, that such determination shall not affect any of the remaining provisions of this the Declaration of Trust or render invalid or improper any action taken or omitted prior to such determination.
(b) If any provision of this the Declaration of Trust shall be held invalid or unenforceable in any jurisdiction, such invalidity or unenforceability shall attach only to such provision in such jurisdiction and shall not in any manner affect such provision in any other jurisdiction or any other provision of this the Declaration of Trust in any jurisdiction.
Appears in 1 contract
Samples: Declaration of Trust (Ing Pilgrim Senior Income Fund)
Provisions in Conflict with Law or Regulations. (a) The provisions of this Declaration of Trust are severable, and if the Board of Trustees shall determine, with the advice of counsel, that any of such provisions is in conflict with the 1940 Act, the Code, the DSTA, or with other applicable laws and regulations, the conflicting provision shall be deemed not to have constituted a part of this Declaration of Trust from the time when such provisions became inconsistent with such laws or regulations; provided, however, that such determination shall not affect any of the remaining provisions of this Declaration of Trust or render invalid or improper any action taken or omitted prior to such determination.
(b) If any provision of this Declaration of Trust shall be held invalid or unenforceable in any jurisdiction, such invalidity or unenforceability shall attach only to such provision in such jurisdiction and shall not in any manner affect such provision in any other jurisdiction or any other provision of this Declaration of Trust in any jurisdiction.. <BCLPAGE>2</BCLPAGE> # 3251013 v. 1
Appears in 1 contract
Samples: Agreement and Declaration of Trust (Franklin Alternative Strategies Funds)
Provisions in Conflict with Law or Regulations. (a) The provisions of this Declaration of Trust the Agreement are severable, and if the Board of Trustees shall determine, with the advice of counsel, that any of such provisions provision is in conflict with the 1940 Act, the Coderegulated investment company provisions of the Internal Revenue Code of 1986, as amended (or any successor statute thereto), and the regulations thereunder, the DSTA, Delaware Act or with other applicable federal laws and regulations, the conflicting provision shall be deemed not never to have constituted a part of this Declaration of Trust from the time when such provisions became inconsistent with such laws or regulationsAgreement; provided, however, that such determination shall not affect any of the remaining provisions of this Declaration of Trust the Agreement or render invalid or improper any action taken or omitted prior to such determination.
(b) If any provision of this Declaration of Trust the Agreement shall be held invalid or unenforceable in any jurisdiction, such invalidity or unenforceability shall attach only to such provision in such jurisdiction and shall not in any manner affect such provision in any other jurisdiction or any other provision of this Declaration of Trust the Agreement in any jurisdiction.
Appears in 1 contract
