Provisions in Conflict with Law or Regulations. (a) The provisions of this Declaration are severable, and if the Trustees shall determine, with the advice of legal counsel, that any of such provisions is in conflict with the 1940 Act, the Internal Revenue Code of 1986 or with other applicable laws and regulations, the conflicting provision shall be construed in such a manner consistent with such law as may most closely reflect the intention of the offending provision; provided, however, that such determination shall not affect any of the remaining provisions of this Declaration or render invalid or improper any action taken or omitted prior to such determination. (b) If any provision of this Declaration 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 in any jurisdiction.
Appears in 86 contracts
Samples: Agreement and Declaration of Trust (John Hancock Tax-Advantaged Global Shareholder Yield Fund), Agreement and Declaration of Trust (Eaton Vance Floating-Rate 2022 Target Term Trust), Agreement and Declaration of Trust (Eaton Vance Floating-Rate 2024 Target Term Trust)
Provisions in Conflict with Law or Regulations. (a) The provisions of this Declaration are severable, and if the Trustees shall determine, with the advice of legal 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 construed in such deemed never to have constituted a manner consistent with such law as may most closely reflect the intention part of the offending provisionthis Declaration; provided, however, that such determination shall not affect any of the remaining provisions of this Declaration or render invalid or improper any action taken or omitted prior to such determination.
(b) If any provision of this Declaration 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 in any jurisdiction.
Appears in 17 contracts
Samples: Trust Agreement (John Hancock Asset Backed Securities Fund), Trust Agreement (John Hancock Multi Asset Credit Fund), Trust Agreement (Manulife Private Credit Plus Fund)
Provisions in Conflict with Law or Regulations. (a) The provisions of this Declaration are severable, and if the Trustees shall determine, with the advice of legal counsel, that any of such provisions is in conflict with the 1940 Act, the Internal Revenue regulated investment company provisions of the Code of 1986 or with other applicable laws and regulations, the conflicting provision shall be construed in such deemed never to have constituted a manner consistent with such law as may most closely reflect the intention part of the offending provisionthis Declaration; provided, however, that such determination shall not affect any of the remaining provisions of this Declaration or render invalid or improper any action taken or omitted prior to such determination.
(b) If any provision of this Declaration 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 in any jurisdiction.
Appears in 13 contracts
Samples: Agreement and Declaration of Trust (John Hancock Collateral Trust), Agreement and Declaration of Trust (John Hancock Exchange-Traded Fund Trust), Agreement and Declaration of Trust (John Hancock Funds III)
Provisions in Conflict with Law or Regulations. (a) The provisions of this Declaration are severable, and if the Trustees shall determine, with the advice of legal counsel, that any of such provisions provision is in conflict with the 1940 Act, the Internal Revenue Code regulated investment company provisions of 1986 the Code, and the regulations thereunder, the Delaware Act or with other applicable laws and regulations, the conflicting provision shall be construed in such deemed never to have constituted a manner consistent with such law as may most closely reflect the intention part of the offending provisionthis Declaration; provided, however, that such determination shall not affect any of the remaining provisions of this Declaration or render invalid or improper any action taken or omitted prior to such determination.
(b) If any provision of this Declaration 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 in any jurisdiction.
Appears in 11 contracts
Samples: Agreement and Declaration of Trust (Dividend & Income Fund), Agreement and Declaration of Trust (Dividend & Income Fund), Agreement and Declaration of Trust (Dividend & Income Fund)
Provisions in Conflict with Law or Regulations. (a) The provisions of this Declaration are severable, and if the Trustees shall determine, with the advice of legal 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 construed in such deemed never to have constituted a manner consistent with such law as may most closely reflect the intention part of the offending provisionthis Declaration; provided, however, that such determination shall not affect any of the remaining provisions of this Declaration or render invalid or improper any action taken or omitted prior to such determination.
(b) If any provision of this Declaration 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 in any jurisdiction.
Appears in 11 contracts
Samples: Agreement and Declaration of Trust (Pacific Select Fund), Agreement and Declaration of Trust (Pacific Select Fund), Agreement and Declaration of Trust (Pacific Select Fund)
Provisions in Conflict with Law or Regulations. (a) The provisions of this Declaration of Trust are severable, and if the Trustees shall determine, with the advice of legal 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 construed in such deemed never to have constituted a manner consistent with such law as may most closely reflect the intention part of the offending provisionthis 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.
(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 11 contracts
Samples: Agreement and Declaration of Trust (Russell Exchange Traded Funds Trust), Agreement and Declaration of Trust (Exchange Listed Funds Trust), Trust Agreement (Exchange Traded Concepts Trust II)
Provisions in Conflict with Law or Regulations. (a) The provisions of this Declaration Trust Instrument are severable, and if the Trustees shall determine, with the advice of legal counsel, that any of such provisions provision is in conflict with the 1940 Act, the Internal Revenue Code regulated investment company provisions of 1986 the Code, and the regulations thereunder, the Delaware Act or with other applicable laws and regulations, the conflicting provision shall be construed in such deemed never to have constituted a manner consistent with such law as may most closely reflect the intention part of the offending provisionthis Trust Instrument; provided, however, that such determination shall not affect any of the remaining provisions of this Declaration Trust Instrument or render invalid or improper any action taken or omitted prior to such determination.
(b) If any provision of this Declaration Trust Instrument 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 Trust Instrument in any jurisdiction.
Appears in 6 contracts
Samples: Trust Agreement (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) The provisions of this the Declaration are severable, and if the Trustees shall determine, with the advice of legal counsel, that any of such provisions is in conflict with the 1940 Act, the regulated investment company or other provisions of the Internal Revenue Code of 1986 1986, as amended, or with other applicable laws and regulations, the conflicting provision shall be construed in such deemed never to have constituted a manner consistent with such law as may most closely reflect the intention part of the offending provisionDeclaration; provided, provided however, that such determination shall not affect any of the remaining provisions of this the Declaration or render invalid or improper any action taken or omitted prior to such determination.
(b) If any provision of this the Declaration 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 in any jurisdiction.
Appears in 3 contracts
Samples: Agreement and Declaration of Trust (Touchstone Variable Series Trust), Agreement and Declaration of Trust (Touchstone Variable Series Trust), Agreement and Declaration of Trust (Touchstone Variable Series Trust)
Provisions in Conflict with Law or Regulations. (a1) The provisions of this Declaration Agreement are severable, and if the Trustees Directors shall determine, with the advice of legal counsel, that any of such provisions provision is in conflict with the 1940 Act, the regulated investment company provisions of the Internal Revenue Code of 1986 1986, as amended (or any successor statute thereto), and the regulations thereunder, the Act or with other applicable laws and regulations, the conflicting provision shall be construed in such deemed never to have constituted a manner consistent with such law as may most closely reflect the intention part of the offending provisionthis Agreement; provided, however, that such determination shall not affect any of the remaining provisions of this Declaration Agreement or render invalid or improper any action taken or omitted prior to such determination.
(b2) If any provision of this Declaration 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 Agreement in any jurisdiction.
Appears in 2 contracts
Samples: Limited Liability Company Agreement (Master Bond LLC), Limited Liability Company Agreement (Master Bond LLC)
Provisions in Conflict with Law or Regulations. (a) The provisions of this Declaration are severable, and if the Trustees shall determine, with the advice of legal counsel, that any of such provisions provision is in conflict with the 1940 Act, the Internal Revenue regulated investment company provisions of the Code of 1986 and the regulations thereunder, the Delaware Act, or with other applicable laws and regulations, the conflicting provision shall be construed in such deemed never to have constituted a manner consistent with such law as may most closely reflect the intention part of the offending provisionthis Declaration; provided, however, that such determination shall not affect any of the remaining provisions of this Declaration or render invalid or improper any action taken or omitted prior to such determination.
(b) If any provision of this Declaration 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 in any jurisdiction.
Appears in 2 contracts
Samples: Trust Agreement, Trust Agreement
Provisions in Conflict with Law or Regulations. (a) The provisions of this Declaration are severable, and if the Trustees shall determine, with the advice of legal 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 1986, as amended, or with other applicable laws and regulations, the conflicting provision shall be construed in such deemed never to have constituted a manner consistent with such law as may most closely reflect the intention part of the offending provisionDeclaration of 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 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 in any jurisdiction.
Appears in 2 contracts
Samples: Agreement and Declaration of Trust (Arden Investment Series Trust), Agreement and Declaration of Trust (Madison Avenue Global Fund)
Provisions in Conflict with Law or Regulations. (a) The provisions of this Declaration are severable, and if the Trustees shall determine, with the advice of legal counsel, that any of such provisions is in conflict with the 1940 Act, the Internal Revenue Code of 1986 or with other applicable laws and regulations, the conflicting provision shall be construed in such a manner consistent with such law as may most closely reflect the intention of the offending provision; provided, however, that such determination shall not affect any of the remaining provisions of this Declaration or render invalid or improper any action taken or omitted prior to such determination.
(b) If any provision of this Declaration 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 affect in any manner affect such provision in any other jurisdiction or any other provision of this Declaration in any jurisdiction.
Appears in 1 contract
Samples: Agreement and Declaration of Trust (Highland Capital Fixed Income Fund)
Provisions in Conflict with Law or Regulations. (a) The provisions of this Declaration are severable, and if the Trustees shall determine, with the advice of legal 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 1986, as amended, or with other applicable laws and regulations, the conflicting provision shall be construed in such deemed never to have constituted a manner consistent with such law as may most closely reflect the intention part of the offending provisionthis Declaration; provided, however, that such determination shall not affect any of the remaining provisions of this Declaration or render invalid or improper any action taken or omitted prior to such determination.
(b) If any provision of this Declaration 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 in any other jurisdiction.
Appears in 1 contract
Samples: Trust Agreement (John Hancock Diversified Income Fund)
Provisions in Conflict with Law or Regulations. (a) The provisions of this Declaration Agreement are severable, and if the Trustees Directors shall determine, with the advice of legal counsel, that any of such provisions is in conflict with the 1940 Act, the Internal Revenue Code regulated investment company provisions of 1986 the Code, the Act or with other applicable laws and regulations, the conflicting provision provisions shall be construed in such a manner consistent with deemed superseded by such law as may most closely reflect or regulation to the intention of the offending provisionextent necessary to eliminate such conflict; provided, however, that such determination shall not affect any of the remaining provisions of this Declaration Agreement or render invalid or improper any action taken or omitted prior to such determination.
(b) If any provision of this Declaration 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 Agreement in any jurisdiction.
Appears in 1 contract
Samples: Limited Liability Company Agreement (Quantitative Master Series LLC)
Provisions in Conflict with Law or Regulations. (a) The provisions of this the Declaration of Trust are severable, and if the Trustees shall determine, with the advice of legal 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 construed in such deemed never to have constituted a manner consistent with such law as may most closely reflect the intention part of the offending provisionDeclaration of Trust; provided, however, that such determination shall not affect effect 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
Provisions in Conflict with Law or Regulations. (a) The provisions of this the Declaration of Trust are severable, and if the Trustees shall determine, with the advice of legal 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 federal laws and regulations, the conflicting provision shall be construed in such deemed never to have constituted a manner consistent with such law as may most closely reflect the intention part of the offending provisionDeclaration of 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.. 107933
Appears in 1 contract
Samples: Amendment to Agreement and Declaration of Trust (Vanguard International Equity Index Funds)
Provisions in Conflict with Law or Regulations. (a) The provisions of this the Amended Declaration are severable, and if the Trustees shall determine, with the advice of legal 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 provisions shall be construed in such deemed never to have constituted a manner consistent with such law as may most closely reflect the intention part of the offending provisionAmended Declaration; provided, however, that such determination shall not affect any of the remaining provisions of this the Amended Declaration or render invalid or improper any action taken or omitted prior to such determination.
(b) If any provision of this the Amended Declaration 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 Amended Declaration in any jurisdiction.
Appears in 1 contract
Samples: Amended Declaration of Trust (Gartmore Variable Insurance Trust)