Provisions in Conflict with Law or Regulations. (a) The provisions of the Declaration of Trust are severable, and if the 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 or with other applicable laws and regulations, the conflicting provision shall be deemed never to have constituted a part of the Declaration of Trust; provided, however, that such determination shall not affect any of the remaining provisions of the Declaration of Trust or render invalid or improper any action taken or omitted prior to such determination.
Appears in 154 contracts
Samples: Agreement and Declaration of Trust (Brandes Investment Trust), Agreement and Declaration of Trust (Connors Funds), Agreement and Declaration of Trust (Axonic Funds)
Provisions in Conflict with Law or Regulations. (a) The provisions of the Declaration of Trust are severable, and if the 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 or with other applicable federal laws and regulations, the conflicting provision shall be deemed never to have constituted a part of the Declaration of Trust; provided, however, that such determination shall not affect any of the remaining provisions of the Declaration of Trust or render invalid or improper any action taken or omitted prior to such determination.
Appears in 101 contracts
Samples: Agreement and Declaration (Vanguard Charlotte Funds), Agreement and Declaration (Vanguard California Tax-Free Funds), Agreement and Declaration (Vanguard California Tax-Free Funds)
Provisions in Conflict with Law or Regulations. (a) The provisions of the Declaration of Trust are severable, and if the 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 Internal Revenue Code or with other applicable laws and regulations, the conflicting provision shall be deemed never to have constituted a part of the Declaration of Trust; provided, provided however, that such determination shall not affect any of the remaining provisions of the Declaration of Trust or render invalid or improper any action taken or omitted prior to such determination.
Appears in 28 contracts
Samples: Agreement and Declaration (Themes ETF Trust), Wilshire Private (Wilshire Private Assets Fund), Agreement and Declaration (Wilshire Private Assets Tender Fund)
Provisions in Conflict with Law or Regulations. (a) The provisions of the this Declaration of Trust are severable, and if the 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 Internal Revenue Code Code, and the regulations thereunder, the Delaware Act or with other applicable laws and regulations, the conflicting provision shall be deemed never to have constituted a part of the this Declaration of Trust; provided, however, that such determination shall not affect any of the remaining provisions of the this Declaration of Trust or render invalid or improper any action taken or omitted prior to such determination.
Appears in 23 contracts
Samples: Agreement and Declaration of Trust (MainStay CBRE Global Infrastructure Megatrends Term Fund), Agreement and Declaration of Trust (Thornburg Durable Allocation & Income Trust), Agreement and Declaration of Trust (Thornburg Strategic Income Opportunities Trust)
Provisions in Conflict with Law or Regulations. (a) The provisions of the Declaration of Trust are severable, and if the Trustees shall determine, with the advice of counsel, that any of such provisions is in conflict with the 1940 Investment Company Act, the 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 the Declaration of Trust; provided, however, that such determination shall not affect any of the remaining provisions of the Declaration of Trust or render invalid or improper any action taken or omitted prior to such determination.
Appears in 16 contracts
Samples: Agreement and Declaration of Trust (City National Rochdale Funds), Agreement and Declaration (Sa Funds Investment Trust), Agreement and Declaration (U S Global Leaders Variable Insurance Trust)
Provisions in Conflict with Law or Regulations. (a) 11.5.1. The provisions of the this Declaration of Trust are severable, and if the 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 of 1986 or with other applicable laws and regulations, the conflicting provision shall be deemed never to have constituted a part of the this Declaration of Trust; provided, however, that such determination shall not affect any of the remaining provisions of the this Declaration of Trust or render invalid or improper any action taken or omitted prior to such determination.
Appears in 13 contracts
Samples: Agreement and Declaration (Forward Funds), Agreement and Declaration (Forward Funds), Agreement and Declaration (Forward Funds)
Provisions in Conflict with Law or Regulations. (a) The provisions of the this Declaration of Trust are severable, and if the 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 Internal Revenue Code Code, and the regulations 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 never not to have constituted constitute a part of the this Declaration of Trust; provided, however, provided however that such determination shall not affect any of the remaining provisions of the this Declaration of Trust or render invalid or improper any action taken or omitted prior to such determination.
Appears in 13 contracts
Samples: Amended Agreement and Declaration of Trust (Mason Capital Fund Trust), Agreement and Declaration of Trust (NEOS ETF Trust), Agreement and Declaration of Trust (Tema ETF Trust)
Provisions in Conflict with Law or Regulations. (a) The provisions of the this Declaration of Trust are severable, and if the 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 conditions necessary for qualification of the Trust as a regulated investment company provisions of under the Internal Revenue Code or is inconsistent with other applicable laws and regulations, the conflicting such provision shall be deemed never to have constituted a part of the Declaration of Trust; providedthis Declaration, however, provided that such determination shall not affect any of the remaining provisions of the this Declaration of Trust or render invalid or improper any action taken or omitted prior to such determination.
Appears in 12 contracts
Samples: Agreement and Declaration (Hamilton Lane Private Infrastructure Fund), Private Markets Fund (Apollo S3 Private Markets Fund), Agreement and Declaration (Apollo S3 Private Markets Fund)
Provisions in Conflict with Law or Regulations. (a) The provisions of the this Declaration of Trust are severable, and if the 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 or with other applicable laws and regulations, the conflicting provision shall be deemed never to have constituted a part of the this Declaration of Trust; provided, however, that such determination shall not affect any of the remaining provisions of the this Declaration of Trust or render invalid or improper any action taken or omitted prior to such determination.
Appears in 9 contracts
Samples: Agreement and Declaration of Trust (Russell Exchange Traded Funds Trust), Agreement and Declaration of Trust (Exchange Listed Funds Trust), Agreement and Declaration of Trust (Exchange Traded Concepts Trust II)
Provisions in Conflict with Law or Regulations. (a) The provisions of the this Amended and Restated Declaration of Trust are severable, and and, if the 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 or with other applicable laws and regulations, the conflicting provision provisions shall be deemed never to have constituted a part of the this Declaration of Trust; provided, however, that such determination shall not affect any of the remaining provisions of the this Declaration of Trust or render invalid or improper any action taken or omitted prior to such determination.
Appears in 6 contracts
Samples: Municipal Trust Agreement (American Century Municipal Trust), Municipal Funds Agreement (American Century California Tax Free & Municipal Funds), Maturities Trust Agreement (American Century Target Maturities Trust)
Provisions in Conflict with Law or Regulations. (a) The provisions of the Declaration of this Trust Instrument are severable, and if the 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 Internal Revenue Code Code, and the regulations thereunder, the Delaware Act or with other applicable laws and regulations, the conflicting provision shall be deemed never to have constituted a part of the Declaration of Trustthis Trust Instrument; provided, however, that such determination shall not affect any of the remaining provisions of the Declaration of this Trust Instrument or render invalid or improper any action taken or omitted prior to such determination.
Appears in 6 contracts
Samples: Agreement and Declaration of Trust (Beacon Pointe Multi-Alternative Fund), Agreement and Declaration of Trust (Total Fund Solution), Agreement and Declaration of Trust (Cantor Fitzgerald Sustainable Infrastructure Fund)
Provisions in Conflict with Law or Regulations. (a) 11.5.1 The provisions of the this Declaration of Trust are severable, and if the 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 of 1986, as amended, or with other applicable laws and regulations, the conflicting provision shall be deemed never to have constituted a part of the this Declaration of Trust; provided, however, that such determination shall not affect any of the remaining provisions of the this Declaration of Trust or render invalid or improper any action taken or omitted prior to such determination.
Appears in 5 contracts
Samples: Agreement and Declaration (Manager Directed Portfolios), Agreement and Declaration (Manager Directed Portfolios), Agreement and Declaration (Manager Directed Portfolios)
Provisions in Conflict with Law or Regulations. (a) The provisions of the this Declaration of Trust are severable, and if the 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 Code, the Delaware Act or with other applicable laws and regulations, the conflicting provision shall be deemed never to have constituted a part of the this Declaration of Trust; provided, however, that such determination shall not affect any of the remaining provisions of the this Declaration of Trust or render invalid or improper any action taken or omitted prior to such determination.
Appears in 5 contracts
Samples: Agreement and Declaration (SEI Exchange Traded Funds), Agreement and Declaration of Trust (SEI Exchange Traded Funds), Form of Agreement (SEI Exchange Traded Funds)
Provisions in Conflict with Law or Regulations. (a) The provisions of the this Declaration of Trust Trust, are severable, and if the Trustees shall determine, with the advice of counsel, that any of such provisions is in the conflict with the 1940 Act, the regulated investment company provisions of the Internal Revenue Code or with other applicable laws and regulations, the conflicting provision provisions shall be deemed never to have constituted a part of the this Declaration of Trust; , provided, however, that such determination shall not affect any of the remaining provisions of the this Declaration of Trust or render invalid or improper any action taken or omitted prior to such determination.
Appears in 3 contracts
Samples: Broadway Trust (Broadway Trust), Uc Investment Trust (Uc Investment Trust), Agreement and Declaration (Appleton Funds)
Provisions in Conflict with Law or Regulations. (a) The provisions of the this Declaration of Trust are severable, and if the 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 Internal Revenue Code (or any successor statute thereto), and the regulations thereunder, the Delaware Act or with other applicable laws and regulations, the conflicting provision shall be deemed never to have constituted a part of the this Declaration of Trust; provided, however, that such determination decision shall not affect any of the remaining provisions of the this Declaration of Trust or render invalid or improper any action taken or omitted prior to such determination.
Appears in 3 contracts
Samples: Agreement and Declaration (Met Investors Series Trust), Agreement and Declaration (Metropolitan Series Fund), Agreement and Declaration (Metropolitan Series Fund Inc)
Provisions in Conflict with Law or Regulations. (a) The provisions of the Declaration of Trust are severable, and if the 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 of 1986, as amended (or any successor statute) or with other applicable laws and regulations, the conflicting provision shall be deemed never to have constituted a part of the Declaration of Trust; provided, however, that such determination shall not affect any of the remaining provisions of the Declaration of Trust or render invalid or improper any action taken or omitted prior to such determination.
Appears in 3 contracts
Samples: Agreement and Declaration (Voya Enhanced Securitized Income Fund), Agreement (Franklin Floating Rate Trust), Franklin Floating Rate Trust
Provisions in Conflict with Law or Regulations. (a) The provisions of the Declaration of Trust are severable, and if the 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 or with other applicable laws and regulations, the conflicting provision shall be deemed never to have constituted a part of the Declaration of Trust; provided, provided however, that such determination shall not affect any of the remaining provisions of the Declaration declaration of Trust or render invalid or improper any action taken or omitted prior to such determination.
Appears in 3 contracts
Samples: 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) 11.5.1. The provisions of the Declaration of Trust are severable, and if the 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 or with other applicable laws and regulations, the conflicting provision shall be deemed never to have constituted a part of the Declaration of Trust; provided, however, that such determination shall not affect any of the remaining provisions of the Declaration of Trust or render invalid or improper any action taken or omitted prior to such determination.
Appears in 3 contracts
Samples: Agreement and Declaration of Trust (Wt Mutual Fund), Agreement and Declaration (Wt Mutual Fund), Wt Investment Trust I
Provisions in Conflict with Law or Regulations. (a1) The provisions of the Declaration of Trust are severable, and if the 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 Internal Revenue Code Code, the Delaware Act or with any other applicable laws and regulations, the conflicting provision shall be deemed never to have constituted a part of the Declaration of Trust; provided, however, that such determination shall not affect any of the remaining provisions of the Declaration of Trust or render invalid or improper any action taken or omitted prior to such determination.
Appears in 2 contracts
Samples: Campbell Multi-Strategy Trust, Campbell Multi-Strategy Trust
Provisions in Conflict with Law or Regulations. (a) The provisions of the this Declaration of Trust are severable, and if the 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 Code, the Delaware Act or with other applicable laws and regulations, the conflicting provision shall be deemed never to have constituted a part of the this Declaration of Trust; provided, however, that such determination shall not affect any of the remaining provisions of the this Declaration of Trust or render invalid or improper any action taken or omitted prior to such determination.
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 the Declaration of Trust are severable, and if the 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 or with other applicable laws and regulations, the conflicting provision shall be deemed never to have constituted a part of the Declaration of Trust; Trust provided, however, that such determination shall not affect any of the remaining provisions of the Declaration of Trust or render tender invalid or improper any action taken or omitted prior to such determination.
Appears in 2 contracts
Samples: Agreement and Declaration (Kalmar Pooled Investment Trust), Amended Agreement (Kalmar Pooled Investment Trust)
Provisions in Conflict with Law or Regulations. (a) The provisions of the Declaration of Trust are severable, and if the 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 or with other applicable laws and regulations, the conflicting provision shall be deemed never to have constituted a part of the Declaration of Trust; provided, however, that such determination shall not affect any of the remaining provisions of the Declaration of Trust or render invalid or improper any action taken or omitted prior to o such determination.
Appears in 2 contracts
Samples: Agreement and Declaration of Trust (Ubs Funds), Agreement and Declaration of Trust (Ubs Funds)
Provisions in Conflict with Law or Regulations. (a) The provisions of the this Declaration of Trust are severable, and and, if the 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 provision 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 the this Declaration of Trust; provided, however, that such determination shall not affect any of the remaining provisions of the this Declaration of Trust or render invalid or improper any action taken or omitted prior to such determination.
Appears in 1 contract
Samples: CDC Nvest Companies Trust I
Provisions in Conflict with Law or Regulations. (a) The provisions of the Declaration of Trust are severable, and if the 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 or with other applicable laws and regulations, the conflicting provision provisions shall be deemed never superseded by such law or regulation to have constituted a part of the Declaration of Trustextent necessary to eliminate such conflict; provided, however, that such determination shall not affect any of the remaining provisions of the Declaration of Trust or render invalid or improper any action taken or omitted prior to such determination.
Appears in 1 contract
Samples: USBAM Securities Lending Trust
Provisions in Conflict with Law or Regulations. (a1) The provisions of the this Declaration of Trust are severable, and if the 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 Internal Revenue Code Code, and the regulations thereunder, the Delaware Act or with other applicable laws and regulations, the conflicting provision shall be deemed never to have constituted a part of the this Declaration of Trust; provided, however, that such determination shall not affect any of the remaining provisions of the this Declaration of Trust or render invalid or improper any action taken or omitted prior to such determination.
Appears in 1 contract
Samples: Agreement and Declaration of Trust (Transparent Value Trust)
Provisions in Conflict with Law or Regulations. (a) 11.5.1 The provisions of the Declaration of Trust are severable, and if the 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 or with other applicable laws and regulations, the conflicting provision shall be deemed never to have constituted a part of the Declaration of Trust; provided, however, that such determination shall not affect any of the remaining provisions of the Declaration of Trust or render invalid or improper any action taken or omitted prior to such determination.
Appears in 1 contract
Provisions in Conflict with Law or Regulations. (a) The provisions of the this Declaration of Trust are severable, and if the 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 Internal Revenue Code or with other applicable laws and regulations, the conflicting provision shall be deemed never to have constituted a part of the this Declaration of Trust; provided, however, that such determination shall not affect any of the remaining provisions of the this Declaration of Trust or render invalid or improper any action taken or omitted prior to such determination.
Appears in 1 contract
Samples: Agreement and Declaration of Trust (Commonfund Institutional Funds)
Provisions in Conflict with Law or Regulations. (a) The provisions of the Declaration of Trust are severable, and if the 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 or with other applicable laws and regulations, the conflicting provision shall be deemed never to have constituted a part of the Declaration of Trust; provided, however, that such determination shall not affect effect any of the remaining provisions of the Declaration of Trust or render invalid or improper any action taken or omitted prior to such determination.
Appears in 1 contract
Samples: Agreement and Declaration (Morgan Grenfell Investment Trust)
Provisions in Conflict with Law or Regulations. (a) The provisions of the Declaration of Trust are severable, and if the 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 of 1986, as amended (or any successor statute) or with other applicable laws and regulations, the conflicting provision shall be deemed never to have constituted a part of the Declaration of Trust; providedPROVIDED, howeverHOWEVER, that such determination shall not affect any of the remaining provisions of the Declaration of Trust or render invalid or improper any action taken or omitted prior to such determination.
Appears in 1 contract
Samples: Agreement and Declaration (Ing Pilgrim Senior Income Fund)
Provisions in Conflict with Law or Regulations. (a) The provisions of the Declaration of Trust are severable, and if the 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 Code, or with other applicable laws and regulations, the conflicting provision shall be deemed never to have constituted a part of the Declaration of Trust; provided, however, that such determination shall not affect any of the remaining provisions of the Declaration of Trust or render invalid or improper any action taken or omitted prior to such determination.
Appears in 1 contract
Samples: Agreement and Declaration (Franklin Floating Rate Master Trust)
Provisions in Conflict with Law or Regulations. (a) The provisions of the this Declaration of Trust are severable, and if the 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 of 1986, as amended or replaced from time to time, or with other applicable laws and regulations, the conflicting provision shall be deemed never to have constituted a part of the this Declaration of Trust; provided, however, that such determination shall not affect any of the remaining provisions of the this Declaration of Trust or render invalid or improper any action taken or omitted prior to such determination.
Appears in 1 contract
Samples: Vanguard Cash Management Trust
Provisions in Conflict with Law or Regulations. (ac) The provisions of the this Declaration of Trust are severable, and if the 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 Internal Revenue Code Code, and the regulations thereunder, the Delaware Act or with other applicable laws and regulations, the conflicting provision shall be deemed never to have constituted a part of the this Declaration of Trust; provided, however, that such determination shall not affect any of the remaining provisions of the this Declaration of Trust or render invalid or improper any action taken or omitted prior to such determination.
Appears in 1 contract
Samples: Agreement and Declaration (Private Advisors Alternative Strategies Fund)
Provisions in Conflict with Law or Regulations. (a) 11.5.1. The provisions of the this Declaration of Trust are severable, and if the 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 of 1986, as amended, or with other applicable laws and regulations, the conflicting provision shall be deemed never to have constituted a part of the this Declaration of Trust; provided, however, that such determination shall not affect any of the remaining provisions of the this Declaration of Trust or render invalid or improper any action taken or omitted prior to such determination.
Appears in 1 contract
Samples: The Agreement and Declaration (CRM Mutual Fund Trust)
Provisions in Conflict with Law or Regulations. (a) The provisions of the Declaration of Trust are severable, and if the Trustees shall determine, with the advice of counsel, that any of such provisions is in conflict with the 1940 Investment Company Act, the 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 the Declaration of Trust; provided, however, that such determination shall not affect any of the remaining provisions of the Declaration of Trust or render invalid or improper any action taken or omitted prior to such determination.
Appears in 1 contract
Samples: Agreement and Declaration (City National Rochdale Funds)
Provisions in Conflict with Law or Regulations. (a) The provisions of the Declaration of Trust are severable, and if the 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 Internal Revenue Code or with other applicable laws and regulations, the conflicting provision shall be deemed never to have constituted a part of the Declaration of Trust; provided, however, that such determination shall not affect any of the remaining provisions of the Declaration of Trust or render invalid or improper any action taken or omitted prior to such determination.
Appears in 1 contract
Samples: Vantagepoint Funds
Provisions in Conflict with Law or Regulations. (a) The provisions of the Declaration of Trust are severable, and if the Trustees shall determine, with the advice of counsel, that any of such provisions is in conflict with the 1940 Investment Company Act, the regulated investment company provisions of the Internal Revenue Code or with other applicable laws and regulations, the conflicting provision shall be deemed never never-to have constituted a part of the Declaration of Trust; provided, however, that such determination shall not affect any of the remaining provisions of the Declaration of Trust or render invalid or improper any action taken or omitted prior to such determination.
Appears in 1 contract
Samples: Montgomery Funds Iii
Provisions in Conflict with Law or Regulations. (a) The provisions of the this Declaration of Trust are severable, and if . If the 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 Code, or with other applicable laws and regulations, the conflicting provision shall be deemed never to have constituted a part of the this Declaration of Trust; provided, however, that such determination shall not affect any of the remaining provisions of the this Declaration of Trust or render invalid or improper any action taken or omitted prior to such determination.
Appears in 1 contract
Provisions in Conflict with Law or Regulations. (a) The provisions of the Declaration of Trust are severable, and if the 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 Internal Revenue Code or with other applicable laws and regulations, the conflicting provision shall be deemed never to have constituted a part of the Declaration of Trust; provided, provided however, that such determination shall not affect any of the remaining provisions of the Declaration declaration of Trust or render invalid or improper any action taken or omitted prior to such determination.
Appears in 1 contract
Provisions in Conflict with Law or Regulations. (a) The provisions of the Declaration of Trust are severable, and if the 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 applicable provisions of the Internal Revenue Code Code, and the regulations thereunder, the Delaware Act or with other applicable laws and regulations, the conflicting provision shall be deemed never to have constituted a part of the Declaration of Trust; provided, however, that such determination shall not affect any of the remaining provisions of the Declaration of Trust or render invalid or improper any action taken or omitted prior to such determination.
Appears in 1 contract
