Common use of Provisions in Conflict with Law or Regulations Clause in Contracts

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 provision 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 thereto), and the regulations thereunder, the Delaware Act 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. No provision of this Declaration of Trust is effective to waive rights under the 1940 Act, the Securities Act of 1933, as amended, or the Securities Exchange Act of 1934, as amended. (b) If any provision of 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 the Declaration of Trust in any jurisdiction.

Appears in 3 contracts

Samples: Agreement and Declaration of Trust (1290 Funds), Trust Agreement (Symmetry Panoramic Trust), Agreement and Declaration of Trust (1290 Funds)

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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 provision 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 thereto), and the regulations thereunder, the Delaware Act or with other applicable federal 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. No provision of this Declaration of Trust is effective to waive rights under the 1940 Act, the Securities Act of 1933, as amended, or the Securities Exchange Act of 1934, as amended. (b) If any provision of the this Declaration of Trust shall be held invalid or unenforceable in any jurisdiction, such invalidity or unenforceability un enforceability 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 the this Declaration of Trust in any jurisdiction.

Appears in 2 contracts

Samples: Agreement and Declaration of Trust (Eq Advisors Trust), Trust Agreement (Eq Advisors 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 provision is in conflict with (i) the 1933 Act, the 1934 Act or the 1940 Act, or any rule, regulation or order of the Commission under any of the foregoing, (ii) the regulated investment company provisions of the Internal Revenue Code of 1986, as amended amended, or (or any successor statute thereto), and iii) the regulations thereunder, the Delaware Act or with other applicable federal laws and regulationslaws, rules, regulations or orders, whether generally or in a particular application, the conflicting provision or such particular application thereof, as the case may be, shall not be deemed never to have constituted constitute a part of the this Declaration of TrustTrust for so long as such conflict exists; provided, however, that such determination shall not affect any of the remaining provisions of the this Declaration of Trust or any lawful application of any provision, or render invalid or improper any action taken or omitted prior to such determination. No provision of this Declaration of Trust is effective to waive rights under the 1940 Act, the Securities Act of 1933, as amended, or the Securities Exchange Act of 1934, as amended. (b) If any provision or the application of the 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 or application in such jurisdiction and shall not in any manner affect such provision or application in any other jurisdiction or any other provision of the this Declaration of Trust in any jurisdiction.

Appears in 2 contracts

Samples: Trust Agreement (Cullen Funds Trust), Trust Agreement (Cullen Funds Trust)

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 provision is provisions are in conflict with the 1940 Act, the regulated investment company provisions of the Internal Revenue Code of 1986, as amended (or any successor statute thereto), and the regulations thereunder, the Delaware Act or with other applicable federal 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. No provision of this Declaration of Trust is effective to waive rights under the 1940 Act, the Securities Act of 1933, as amended, or the Securities Exchange Act of 1934, as amended. (b) If any provision of the 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 the this Declaration of Trust in any jurisdiction.. AMENDED AND RESTATED AMERICAN CENTURY TARGET MATURITIES TRUST AGREEMENT AND DECLARATION OF TRUST --------------------------------------------------------------------------------

Appears in 1 contract

Samples: Agreement and Declaration of Trust (American Century Target Maturities Trust)

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 provision is provisions are in conflict with the 1940 Act, the regulated investment company provisions of the Internal Revenue Code of 1986, as amended (or any successor statute thereto), and the regulations thereunder, the Delaware Act or with other applicable federal 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. No provision of this Declaration of Trust is effective to waive rights under the 1940 Act, the Securities Act of 1933, as amended, or the Securities Exchange Act of 1934, as amended. (b) If any provision of the 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 the this Declaration of Trust in any jurisdiction.. AMENDED AND RESTATED AMERICAN CENTURY INTERNATIONAL BOND FUNDS AGREEMENT AND DECLARATION OF TRUST --------------------------------------------------------------------------------

Appears in 1 contract

Samples: Agreement and Declaration of Trust (American Century International Bond 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 provision provisions is in conflict with requirements of the U.S. federal securities laws, including, without limitation, 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 of 1986, as amended (or any successor statute thereto), and the regulations thereunder, the Delaware Act or is inconsistent with other applicable federal 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. No For the avoidance of doubt, no provision of this Declaration modifying, restricting or eliminating duties and liabilities of Trust is effective Trustees (including Section 3.13.1 hereof) shall apply to waive rights or in any way limit the duties and liabilities of Trustees with respect to matters arising under the U.S. federal securities laws, including, without limitation, the 1940 Act, to the Securities Act of 1933, as amended, or extent any such provision is in conflict with the Securities Exchange Act of 1934, as amendedU.S. federal securities laws. (b) If any provision of the 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 the this Declaration of Trust in any jurisdiction.

Appears in 1 contract

Samples: Declaration and Agreement of Trust (Coller Secondaries Private Equity Opportunities Fund)

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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 provision is provisions are in conflict with the 1940 Act, the regulated investment company provisions of the Internal Revenue Code of 1986, as amended (or any successor statute thereto), and the regulations thereunder, the Delaware Act or with other applicable federal 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. No provision of this Declaration of Trust is effective to waive rights under the 1940 Act, the Securities Act of 1933, as amended, or the Securities Exchange Act of 1934, as amended. (b) If any provision of the 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 the this Declaration of Trust in any jurisdiction.. AMENDED AND RESTATED AMERICAN CENTURY MUNICIPAL TRUST AGREEMENT AND DECLARATION OF TRUST --------------------------------------------------------------------------------

Appears in 1 contract

Samples: Agreement and Declaration of Trust (American Century Municipal Trust)

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 provision is provisions are in conflict with the 1940 Act, the regulated investment company provisions of the Internal Revenue Code of 1986, as amended (or any successor statute thereto), and the regulations thereunder, the Delaware Act or with other applicable federal 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. No provision of this Declaration of Trust is effective to waive rights under the 1940 Act, the Securities Act of 1933, as amended, or the Securities Exchange Act of 1934, as amended. (b) If any provision of the 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 the this Declaration of Trust in any jurisdiction.. AMENDED AND RESTATED AMERICAN CENTURY GOVERNMENT INCOME TRUST AGREEMENT AND DECLARATION OF TRUST --------------------------------------------------------------------------------

Appears in 1 contract

Samples: Agreement and Declaration of Trust (American Century Government Income Trust)

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 provision is provisions are in conflict with the 1940 Act, the regulated investment company provisions of the Internal Revenue Code of 1986, as amended (or any successor statute thereto), and the regulations thereunder, the Delaware Act or with other applicable federal 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. No provision of this Declaration of Trust is effective to waive rights under the 1940 Act, the Securities Act of 1933, as amended, or the Securities Exchange Act of 1934, as amended. (b) If any provision of the 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 the this Declaration of Trust in any jurisdiction.. AMENDED AND RESTATED AMERICAN CENTURY CALIFORNIA TAX-FREE AND MUNICIPAL FUNDS AGREEMENT AND DECLARATION OF TRUST -----------------------------------------------------------------------------------------------

Appears in 1 contract

Samples: Amended and Restated Agreement and Declaration of Trust (American Century California Tax Free & Municipal Funds)

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