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.
Appears in 275 contracts
Samples: Agreement and Declaration of Trust (OneAscent Private Markets Access Fund), Agreement and Declaration (Lincoln Funds Trust), Agreement and Declaration of Trust (Kurv ETF 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; 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.
Appears in 37 contracts
Samples: Agreement and Declaration (Gold Prospector Funds), Agreement and Declaration (Barrett Funds), Agreement and Declaration (Delaware Group Government 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 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.
Appears in 26 contracts
Samples: Venture Fund (Pop Venture Fund), Agreement and Declaration of Trust (Axxes Private Markets Fund), Agreement and Declaration (Flat Rock Enhanced 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; 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.
Appears in 15 contracts
Samples: Agreement and Declaration (Franklin LTD Duration Income Trust), Agreement and Declaration (Templeton Global Opportunities Trust), Agreement and Declaration (Templeton China World 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 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.
Appears in 5 contracts
Samples: Agreement and Declaration of Trust (Bennett Group Master Funds), Agreement and Declaration of Trust (Bennett Global Funds), Agreement and Declaration (Nationwide Mutual 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 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.
Appears in 3 contracts
Samples: Agreement and Declaration (Templeton Emerging Markets Fund Inc), Agreement and Declaration (Franklin Floating Rate Master Trust), Agreement and Declaration (Templeton Developing Markets 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.
Appears in 2 contracts
Samples: Agreement and Declaration (Gartmore Variable Insurance Trust Iii), Gartmore Mutual Funds 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.
Appears in 2 contracts
Samples: Agreement and Declaration of Trust (Elessar Funds Investment Trust), Agreement and Declaration of Trust (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 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.
Appears in 2 contracts
Samples: 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 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.
Appears in 1 contract
Samples: Agreement and Declaration of Trust (XTF Advisors 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, the DSTA, or with other applicable laws and regulations, the conflicting provision shall be deemed not to have constituted a part of this the 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 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 (Grandeur Peak Global 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.
Appears in 1 contract
Samples: 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 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.
Appears in 1 contract
Samples: Agreement and Declaration (Franklin Templeton Global Trust)
